H.B. No. 2663
1-1 AN ACT
1-2 relating to the powers and duties of the commissioners court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 81, Local Government Code,
1-5 is amended by adding Section 81.028 to read as follows:
1-6 Sec. 81.028. CERTAIN POWERS SPECIFIED. Each commissioners
1-7 court may:
1-8 (1) establish public ferries whenever the public
1-9 interest may require;
1-10 (2) lay out and establish, change, discontinue, close,
1-11 abandon, or vacate public roads and highways;
1-12 (3) build bridges and keep them in repair;
1-13 (4) appoint road overseers and apportion hands;
1-14 (5) exercise general control over all roads, highways,
1-15 ferries, and bridges in their counties;
1-16 (6) provide for the support of paupers, residents of
1-17 their county, who are unable to support themselves. A county is
1-18 obligated to provide health care assistance to eligible residents
1-19 only to the extent prescribed by Chapter 61, Health and Safety
1-20 Code, but that chapter does not affect the authority of a
1-21 commissioners court to provide eligibility standards or other
1-22 requirements relating to other assistance programs or services that
1-23 are not covered by Chapter 61; and
2-1 (7) establish a least cost review program for public
2-2 improvements to be constructed by use of personnel, equipment, or
2-3 facilities of the county that may exceed a cost of $100,000 or a
2-4 lesser amount in the discretion of the commissioners court.
2-5 SECTION 2. Chapter 140, Local Government Code, is amended by
2-6 adding Section 140.005 to read as follows:
2-7 Sec. 140.005. LEAST COST REVIEW PROGRAM. (a) To assist
2-8 counties, the state auditor in consultation with the comptroller of
2-9 public accounts may develop, promulgate, and widely distribute
2-10 forms, with instruction, for cost accounting for public
2-11 improvements. The auditor and the comptroller shall consult with
2-12 large and small governmental entities and the construction industry
2-13 prior to the promulgation of the forms and instructions.
2-14 (b) The cost accounting forms shall be simple and concise
2-15 and capable of being completed by the counties at a minimum cost.
2-16 The form shall provide a simple comparison of the cost of public
2-17 improvements constructed by a county's personnel, equipment, or
2-18 facilities and a competitive bid submitted by the private sector.
2-19 (c) The forms and instructions promulgated and distributed
2-20 shall provide for cost comparisons by all governmental entities,
2-21 including but not limited to counties, municipalities, special
2-22 districts, and any other such entities that construct public
2-23 improvements in-house. The cost comparison forms, with
2-24 instruction, shall be promulgated and distributed by May 21, 1994.
2-25 SECTION 3. Article 2351, Revised Statutes, is repealed.
3-1 SECTION 4. This Act takes effect September 1, 1993.
3-2 SECTION 5. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.