By Turner of Coleman H.B. No. 1123
77R3026 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements necessary for a municipality to adopt
1-3 a home-rule charter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.004, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 5.004. HOME-RULE MUNICIPALITY. (a) A municipality is a
1-8 home-rule municipality if it operates under a municipal charter
1-9 that has been adopted or amended as authorized by Article XI,
1-10 Section 5, of the Texas Constitution.
1-11 (b) A municipality that holds an election authorized by
1-12 Section 5, Article XI, Texas Constitution, on or after January 1,
1-13 2000, must have on the date the election is ordered more than 5,000
1-14 inhabitants according to the most recent federal decennial census
1-15 or the most recent annual population estimates released by the
1-16 federal census bureau.
1-17 SECTION 2. Section 9.005, Local Government Code, is amended
1-18 by amending Subsection (b) and adding Subsection (c) to read as
1-19 follows:
1-20 (b) A charter [or an amendment] does not take effect until:
1-21 (1) the governing body of the municipality enters an
1-22 order in the records of the municipality declaring that the charter
1-23 [or amendment] is adopted; and
1-24 (2) the mayor of the municipality or the municipal
2-1 officer who performs the duties customarily imposed on the mayor
2-2 files in the office of the municipal secretary or municipal clerk a
2-3 certified statement indicating that the municipality has complied
2-4 with Section 5.004(b).
2-5 (c) A charter amendment does not take effect until the
2-6 governing body of the municipality enters an order in the records
2-7 of the municipality declaring that the amendment is adopted.
2-8 SECTION 3. (a) A municipality is not a home-rule
2-9 municipality if the municipality:
2-10 (1) held an election under Section 5, Article XI,
2-11 Texas Constitution, on or after January 1, 2000, and before
2-12 September 1, 2001; and
2-13 (2) did not have, on the date the election was
2-14 ordered, more than 5,000 inhabitants according to the most recent
2-15 federal decennial census or the most recent annual population
2-16 estimates released by the federal census bureau.
2-17 (b) The home-rule status of a municipality described by
2-18 Subsection (a) of this section is void, and the municipality
2-19 reverts back to the general law status it held immediately before
2-20 the charter election held under Chapter 9, Local Government Code.
2-21 (c) Any action taken and completed by a municipality
2-22 described by Subsection (a) of this section under the
2-23 municipality's home-rule charter is not affected by this section.
2-24 SECTION 4. The mayor or municipal officer of a home-rule
2-25 municipality shall file a certified statement as required by
2-26 Section 9.005(b), Local Government Code, as amended by this Act,
2-27 not later than October 31, 2001, if the municipality:
3-1 (1) held an election under Section 5, Article XI,
3-2 Texas Constitution, on or after January 1, 2000, and before
3-3 September 1, 2001; and
3-4 (2) had, on the date the election was ordered, more
3-5 than 5,000 inhabitants according to the most recent federal
3-6 decennial census or the most recent annual population estimates
3-7 released by the federal census bureau.
3-8 SECTION 5. This Act takes effect September 1, 2001.