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.