HBA-NLM H.B. 2654 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2654
By: Elkins
County Affairs
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2654 provides that an ordinance, order, rule, regulation, or similar
act adopted by the governing body of a municipality expires on the 10th
anniversary of its adoption by the governing body.  In addition, the
governing body is authorized to re-adopt an act before its expiration under
this subsection if the governing body determines that the ordinance, order,
rule, regulation, or similar act is necessary or desirable for the
operation of the municipality.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 51, Local Government Code, by
adding Section 51.003, as follows: 

Sec. 51.003.  EXPIRATION OF MUNICIPAL ORDINANCE.  (a) Provides that an
ordinance, order, rule, regulation, or similar act adopted by the governing
body of a municipality expires on the 10th anniversary of its adoption by
the governing body. Authorizes the governing body to re-adopt an act before
its expiration under this subsection if the governing body determines that
the ordinance, order, rule, regulation, or similar act is necessary or
desirable for the operation of the municipality.  

(b)  Specifies that this section does not apply to a charter provision of a
home-rule municipality or an ordinance, order, or other act authorizing the
issuance of a bond, note, or other instrument of indebtedness of the
municipality that has a term of more than 10 years.  

SECTION 2.  Amends Subchapter B, Chapter 81, Local Government Code, by
adding Section 81.032, as follows: 

Sec. 81.032.  EXPIRATION OF COUNTY ORDER.  (a)  Provides that an order,
ordinance, rule, regulation, or similar act adopted by the commissioners
court of a  county expires on the 10th anniversary of its adoption by the
commissioners court. Authorizes the commissioners court to re-adopt an act
before its expiration under this subsection if the commissioners court
determines that the order, ordinance, rule, regulation, or similar act is
necessary or desirable for the operation of the county.  

(b)  Specifies that this section does not apply to an order, ordinance, or
other act authorizing the issuance of a bond, note, or other instrument of
indebtedness of the county that has a term of more than 10 years.  

SECTION 3.  Specifies that an ordinance, order, rule, regulation, or
similar act adopted by the governing body of a municipality or the
commissioners court of a county before the effective date of this Act
expires September 1, 2009, unless re-adopted as provided by Section 51.003
or 81.032, Local Government Code, as added by this Act.  
 
SECTION 4.  Effective date:  September 1, 1999.

SECTION 5. Emergency clause.