By Eiland                                        H.B. No. 450

      75R1520 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to residency requirements for municipal employees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 150.021, Local Government Code, is

 1-5     amended to read as follows:

 1-6           Sec. 150.021.  RESIDENCY REQUIREMENTS FOR MUNICIPAL

 1-7     EMPLOYEES.  (a)  A municipality may [not] require residency within

 1-8     the municipal limits as a condition of employment with the

 1-9     municipality.  If a municipality adopts residency requirements

1-10     under this subsection, the requirements may not be imposed

1-11     retroactively  against any person in the employ of the municipality

1-12     at the time the requirements take effect.

1-13           (b)  A municipality may require residency within the United

1-14     States as a condition of employment.

1-15           (c)  A municipality that does not adopt a residency

1-16     requirement under Subsection (a) may apply [(b)  The prohibition

1-17     under Subsection  (a) does not apply to] residency requirements

1-18     for:

1-19                 (1)  candidates for or holders of a municipal office,

1-20     including a position on the governing body of the municipality; or

1-21                 (2)  municipal department heads appointed by the mayor

1-22     or governing body of the municipality.

1-23           (d) [(c)]  The governing body of a municipality may prescribe

1-24     reasonable standards with respect to the time within which

 2-1     municipal employees who reside outside the municipal limits must

 2-2     respond to a civil emergency.  The standards may not be imposed

 2-3     retroactively on any person in the employ of the municipality at

 2-4     the time the standards are adopted.

 2-5           SECTION 2.  This Act takes effect on September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.