By Elkins H.B. No. 2654 76R4375 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the expiration of municipal and county ordinances, 1-3 orders, and similar acts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 51, Local Government Code, 1-6 is amended by adding Section 51.003 to read as follows: 1-7 Sec. 51.003. EXPIRATION OF MUNICIPAL ORDINANCE. (a) An 1-8 ordinance, order, rule, regulation, or similar act adopted by the 1-9 governing body of a municipality expires on the 10th anniversary of 1-10 its adoption by the governing body. The governing body may 1-11 re-adopt an act before its expiration under this subsection if the 1-12 governing body determines that the ordinance, order, rule, 1-13 regulation, or similar act is necessary or desirable for the 1-14 operation of the municipality. 1-15 (b) This section does not apply to: 1-16 (1) a charter provision of a home-rule municipality; 1-17 or 1-18 (2) an ordinance, order, or other act authorizing the 1-19 issuance of a bond, note, or other instrument of indebtedness of 1-20 the municipality that has a term of more than 10 years. 1-21 SECTION 2. Subchapter B, Chapter 81, Local Government Code, 1-22 is amended by adding Section 81.032 to read as follows: 1-23 Sec. 81.032. EXPIRATION OF COUNTY ORDER. (a) An order, 1-24 ordinance, rule, regulation, or similar act adopted by the 2-1 commissioners court of a county expires on the 10th anniversary of 2-2 its adoption by the commissioners court. The commissioners court 2-3 may re-adopt an act before its expiration under this subsection if 2-4 the commissioners court determines that the order, ordinance, rule, 2-5 regulation, or similar act is necessary or desirable for the 2-6 operation of the county. 2-7 (b) This section does not apply to an order, ordinance, or 2-8 other act authorizing the issuance of a bond, note, or other 2-9 instrument of indebtedness of the county that has a term of more 2-10 than 10 years. 2-11 SECTION 3. An ordinance, order, rule, regulation, or similar 2-12 act adopted by the governing body of a municipality or the 2-13 commissioners court of a county before the effective date of this 2-14 Act expires September 1, 2009, unless re-adopted as provided by 2-15 Section 51.003 or 81.032, Local Government Code, as added by this 2-16 Act. 2-17 SECTION 4. This Act takes effect September 1, 1999. 2-18 SECTION 5. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.