By Brimer H.B. No. 2843
76R7468 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to representation of certain areas in municipal
1-3 government.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 2, Local Government Code, is
1-6 amended by adding Chapter 40 to read as follows:
1-7 CHAPTER 40. MISCELLANEOUS PROVISIONS APPLYING TO
1-8 MORE THAN ONE FORM OF MUNICIPAL GOVERNMENT
1-9 Sec. 40.001. REPRESENTATION OF CERTAIN AREAS ON GOVERNING
1-10 BODY OF CERTAIN MUNICIPALITIES. (a) This section applies only to
1-11 a municipality in which:
1-12 (1) the entire territory of at least one independent
1-13 school district is located within the corporate boundaries of the
1-14 municipality; and
1-15 (2) a portion of the territory, equal to at least 20
1-16 percent of the total territory included within the corporate
1-17 boundaries of the municipality, of at least one other independent
1-18 school district is located within the corporate boundaries of the
1-19 municipality.
1-20 (b) The governing body of the municipality must include on
1-21 the governing body a proportionate number of members, which must be
1-22 at least one member, who reside in the territory described by
1-23 Subsection (a)(2).
1-24 (c) For purposes of Subsection (b), a proportionate number
2-1 of members is the number of members that would provide
2-2 representation for the territory described by Subsection (a)(2) on
2-3 the governing body of the municipality in relation to the total
2-4 number of members on the governing body that represent the total
2-5 territory included within the municipality's corporate boundaries.
2-6 (d) The municipality shall prescribe procedures to implement
2-7 this section.
2-8 SECTION 2. Subchapter A, Chapter 211, Local Government Code,
2-9 is amended by adding Section 211.0071 to read as follows:
2-10 Sec. 211.0071. REPRESENTATION OF CERTAIN AREAS ON CERTAIN
2-11 MUNICIPAL ZONING COMMISSIONS. (a) This section applies only to a
2-12 municipality in which:
2-13 (1) the entire territory of at least one independent
2-14 school district is located within the corporate boundaries of the
2-15 municipality; and
2-16 (2) a portion of the territory, equal to at least 20
2-17 percent of the total territory included within the corporate
2-18 boundaries of the municipality, of at least one other independent
2-19 school district is located within the corporate boundaries of the
2-20 municipality.
2-21 (b) The governing body of a municipality shall appoint to
2-22 the municipal zoning commission a proportionate number of members,
2-23 which must be at least one member, who reside in the territory
2-24 described by Subsection (a)(2).
2-25 (c) For purposes of Subsection (b), a proportionate number
2-26 of members is the number of members that would provide
2-27 representation for the territory described by Subsection (a)(2) on
3-1 the municipal zoning commission in relation to the total number of
3-2 members on the municipal zoning commission that represent the total
3-3 territory included within the municipality's corporate boundaries.
3-4 (d) The municipality shall prescribe procedures to implement
3-5 this section.
3-6 SECTION 3. (a) A municipality shall comply with Section
3-7 40.001, Local Government Code, as added by this Act, not later than
3-8 the date of the first municipal election in which any members of
3-9 the governing body are elected that is held on or after March 1,
3-10 2000.
3-11 (b) A municipality shall comply with Section 211.0071, Local
3-12 Government Code, as added by this Act, not later than January 1,
3-13 2000.
3-14 SECTION 4. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.