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.