By Clark, Carter, Crownover, Jones of Bexar,          H.B. No. 1265
         77R8416 MRB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to clarifications of and technical corrections in certain
 1-3     laws affecting municipalities and counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. (a)  The heading to Subchapter A, Chapter 21,
 1-6     Local Government Code, is amended to read as follows: 
 1-7         CHAPTER 21. GENERAL PROVISIONS AFFECTING GOVERNING BODY OF
 1-8                         [GENERAL-LAW] MUNICIPALITY
 1-9           (b)  Subchapter A, Chapter 21, Local Government Code, is
1-10     amended by adding Section 21.002 to read as follows:
1-11           Sec. 21.002.  REFERENCES TO MUNICIPAL GOVERNING BODY AND TO
1-12     MEMBERS OF MUNICIPAL GOVERNING BODY. A reference in this code or
1-13     another statute:
1-14                 (1)  to a member of the governing body of a
1-15     municipality includes each member of that body regardless of the
1-16     name, including alderman, commissioner, or council member, used by
1-17     a statute, municipal charter, or municipal ordinance to refer to
1-18     the member; or
1-19                 (2)  to the governing body of a municipality includes a
1-20     municipal governing body regardless of the name, including board of
1-21     aldermen,  city commission, or city council, used by a statute,
1-22     municipal charter, or municipal ordinance to refer to the governing
1-23     body.
1-24           SECTION 2. Section 21.024, Local Government Code, is amended
1-25     to read as follows:
 2-1           Sec. 21.024.  NO REMOVAL BEFORE ACTION. [(a)]  An officer may
 2-2     not be removed under this subchapter for an act the officer
 2-3     committed before election to office if the act was a matter of
 2-4     public record or otherwise known to the voters.
 2-5           SECTION 3. Section 21.031(a), Local Government Code, is
 2-6     amended to read as follows:
 2-7           (a)  The conviction of an officer [by a petit jury] for any
 2-8     felony or for a misdemeanor involving official misconduct operates
 2-9     as an immediate removal from office.
2-10           SECTION 4. Section 22.077(b), Local Government Code, is
2-11     amended to read as follows:
2-12           (b)  If the governing body lacks confidence in a municipal
2-13     officer appointed [elected] by the governing body, the governing
2-14     body may remove the officer at any time.  The removal is effective
2-15     only if two-thirds of the elected aldermen vote in favor of a
2-16     resolution declaring the lack of confidence.
2-17           SECTION 5. Section 24.026(b), Local Government Code, is
2-18     amended to read as follows:
2-19           (b)  If, because of death, resignation, failure to qualify,
2-20     or other reason, vacancies exist in the offices of mayor and
2-21     commissioner at the same time or in the offices of two
2-22     commissioners at the same time, the county judge shall order a
2-23     special election to fill the vacancies.  The election is governed
2-24     by the provisions applicable to an election under Subchapter A,
2-25     Chapter 8[, if the municipality incorporated as a Type C
2-26     general-law municipality, or is governed by the same provisions
2-27     applicable to an election under Subchapter B, Chapter 8, if the
 3-1     municipality changed to a Type C general-law municipality].
 3-2           SECTION 6. Section 43.906(a), Local Government Code, is
 3-3     amended to read as follows:
 3-4           (a)  In connection with an annexation or proposed annexation,
 3-5     a municipality shall apply for preclearance under Section 5, Voting
 3-6     Rights Act of 1965 (42 U.S.C. Section 1973c), of any voting change
 3-7     resulting from the annexation or proposed annexation from the
 3-8     United States Department of Justice on [not later than the 90th day
 3-9     before the effective date of the annexation or] the earliest date
3-10     permitted under federal law.
3-11           SECTION 7. Section 52.002(a), Local Government Code, is
3-12     amended to read as follows:
3-13           (a)  The style of an ordinance of the municipality must be:
3-14     "Be it ordained by the _____________(insert the name by which the
3-15     governing body of the municipality is known, such as city council,
3-16     board of aldermen, or city commission) of the ______________(insert
3-17     the type of entity that the municipality is known as, such as city,
3-18     town, or village) of  (insert the name of the municipality)."
3-19           SECTION 8. Section 102.0065, Local Government Code, is
3-20     amended to read as follows:
3-21           Sec. 102.0065.  SPECIAL NOTICE BY PUBLICATION FOR BUDGET
3-22     HEARING. (a)  The governing body of a municipality shall publish
3-23     notice before a public hearing relating to a budget in at least one
3-24     newspaper of general circulation in the county in which the
3-25     municipality is located.
3-26           (b)  Notice published under this section is in addition to
3-27     notice required by other law, except that if another law requires
 4-1     the governing body to give notice, by publication, of a hearing on
 4-2     a budget this section does not apply.
 4-3           (c)  Notice under this section shall be published not earlier
 4-4     than the 30th or later than the 10th day before the date of the
 4-5     hearing.
 4-6           [(c)  This section does not apply to the governing body of a
 4-7     municipality required by other law to give notice by publication of
 4-8     a hearing on a budget.]
 4-9           SECTION 9. Section 141.031(d), Local Government Code, is
4-10     amended to read as follows:
4-11           (d)  In a municipality with a population of more than 175,000
4-12     [or more], each member of the fire or police department is entitled
4-13     to receive a salary of at least $220 a month.
4-14           SECTION 10. Section 142.005(c), Local Government Code, is
4-15     amended to read as follows:
4-16           (c)  A municipality may not purchase liability insurance in
4-17     excess of $20,000 because of bodily injury to or death of one
4-18     person in any one accident, $100,000 because of bodily injury to or
4-19     death of two or more persons in any one accident, and $15,000
4-20     [$5,000] because of injury to or destruction of property of others
4-21     in any one accident.
4-22           SECTION 11. Section 211.014(e), Local Government Code, is
4-23     amended to read as follows:
4-24           (e)  A panel of a board of adjustment:
4-25                 (1)  has the powers and duties that a board of
4-26     adjustment has under Sections 211.008, 211.009, 211.010, and
4-27     211.011; and
 5-1                 (2)  is to be treated as a board of adjustment for
 5-2     purposes of the requirement imposed by Section 211.008(d).
 5-3           SECTION 12. Section 212.0065(a), Local Government Code, is
 5-4     amended to read as follows:
 5-5           (a)  The governing body of a municipality may delegate to one
 5-6     or more officers or employees [persons] of the municipality or of a
 5-7     utility owned or operated by the municipality the ability to
 5-8     approve:
 5-9                 (1)  amending plats described by Section 212.016;
5-10                 (2)  minor plats involving four or fewer lots fronting
5-11     on an existing street and not requiring the creation of any new
5-12     street or the extension of municipal facilities; or
5-13                 (3)  a replat under Section 212.0145 that does not
5-14     require the creation of any new street or the extension of
5-15     municipal facilities.
5-16           SECTION 13. Section 271.045(a), Local Government Code, is
5-17     amended to read as follows:
5-18           (a)  The governing body of an issuer may authorize
5-19     certificates to pay a contractual obligation to be incurred for
5-20     the:
5-21                 (1)  construction of any public work;
5-22                 (2)  purchase of materials, supplies, equipment,
5-23     machinery, buildings, land, and rights-of-way for authorized needs
5-24     and purposes; or
5-25                 (3)  payment of contractual obligations for
5-26     professional services, including services provided by tax
5-27     appraisers [appraisal engineers], engineers, architects, attorneys,
 6-1     map makers, auditors, financial advisors, and fiscal agents.
 6-2           SECTION 14. Section 271.049(d), Local Government Code, is
 6-3     amended to read as follows:
 6-4           (d)  This section does not apply to certificates issued for
 6-5     the purposes described by Sections 271.056(1)-(4) [271.056(1)-(5)].
 6-6           SECTION 15. Section 271.056, Local Government Code, is
 6-7     amended to read as follows:
 6-8           Sec. 271.056.  EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT. The
 6-9     provisions of this subchapter relating to the advertisement for
6-10     competitive bids do not apply to:
6-11                 (1)  a case of public calamity if it is necessary to
6-12     act promptly to relieve the necessity of the residents or to
6-13     preserve the property of the issuer;
6-14                 (2)  a case in which it is necessary to preserve or
6-15     protect the public health of the residents of the issuer;
6-16                 (3)  a case of unforeseen damage to public machinery,
6-17     equipment, or other property;
6-18                 (4)  a contract for personal or professional services;
6-19                 (5)  work done by employees of the issuer and paid for
6-20     as the work progresses;
6-21                 (6)  the purchase of any land, building, existing
6-22     utility system, or right-of-way for authorized needs and purposes;
6-23                 (7)  expenditures for or relating to improvements in
6-24     municipal water systems, sewer systems, streets, or drainage, if at
6-25     least one-third of the cost of the improvements is to be paid by
6-26     special assessments levied against properties to be benefitted by
6-27     the improvements;
 7-1                 (8)  a case in which the entire contractual obligation
 7-2     is to be paid from bond funds or current funds or in which an
 7-3     advertisement for bids has previously been published in accordance
 7-4     with this subchapter but the current funds or bond funds are not
 7-5     adequate to permit the awarding of the contract and certificates
 7-6     are to be awarded to provide for the deficiency;
 7-7                 (9)  the sale of a public security, as that term is
 7-8     defined by Section 1204.001, Government Code [Chapter 3, Acts of
 7-9     the 61st Legislature, Regular Session, 1969 (Article 717k-2,
7-10     Vernon's Texas Civil Statutes)];
7-11                 (10)  a municipal procurement of a kind that, under
7-12     Chapter 252, is not required to be made in accordance with
7-13     competitive bidding procedures like those prescribed by this
7-14     subchapter; or
7-15                 (11)  a county contract that, under the County
7-16     Purchasing Act (Subchapter C, Chapter 262), is not required to be
7-17     made in accordance with competitive bidding procedures like those
7-18     prescribed by this subchapter.
7-19           SECTION 16. Section 341.902, Local Government Code, is
7-20     amended to read as follows:
7-21           Sec. 341.902.  WORKHOUSE AND HOUSE OF CORRECTION IN TYPE A
7-22     GENERAL-LAW MUNICIPALITY. (a)  The governing body of a Type A
7-23     general-law municipality may build and establish one or more jails
7-24     [workhouses or houses of correction] inside or outside the
7-25     municipality.
7-26           (b)  The governing body may adopt necessary rules and appoint
7-27     necessary keepers or assistants for the jails [workhouses or houses
 8-1     of correction].
 8-2           (c)  Vagrants and disorderly persons may be confined in a
 8-3     jail [workhouse or house of correction] on commitment by a
 8-4     municipal court judge.  A person who fails or refuses to pay the
 8-5     fine or costs imposed for an offense may be confined in a
 8-6     [workhouse or house of correction instead of a] jail.
 8-7           SECTION 17. Article 18.17, Code of Criminal Procedure, is
 8-8     amended by adding Subsection (j) to read as follows:
 8-9           (j)  Chapters 72, 74, 75, and 76, Property Code, do not apply
8-10     to unclaimed or abandoned property to which this article applies.
8-11           SECTION 18. Section 30.000085, Government Code, is amended to
8-12     read as follows:
8-13           Sec. 30.000085.  REMOVAL OF JUDGE. A municipal judge of a
8-14     general law municipality may be removed from office [by the
8-15     governing body] at any time for the reasons stated and by the
8-16     procedure provided for the removal of members of a municipal
8-17     governing body [mayors and aldermen] in  Subchapter B, Chapter 21
8-18     [Section 21.002], Local Government Code.  A municipal judge of a
8-19     home-rule municipality may be removed from office by the governing
8-20     body for the reasons stated and by the procedures provided for the
8-21     removal of judges in the charter of the municipality or, if the
8-22     charter does not provide for the removal of judges, as provided by
8-23     Section 1-a, Article V, Texas Constitution, or by the procedure
8-24     provided for the removal of members of a municipal governing body
8-25     [mayors and aldermen in a general-law municipality] in Subchapter
8-26     B, Chapter 21 [Section 21.002], Local Government Code.
8-27           SECTION 19. (a)  Sections 105.031(c), 105.032, and 105.052,
 9-1     Local Government Code, are repealed.
 9-2           (b)  The repeal by this Act of Sections 105.031(c), 105.032,
 9-3     and 105.052, Local Government Code, does not affect the use of a
 9-4     personal bond, approved by a municipal governing body before
 9-5     September 1, 2001, as security for the deposit of municipal funds.
 9-6     The use of that personal bond as security for the deposit of
 9-7     municipal funds is governed by the law as it existed immediately
 9-8     before September 1, 2001, and the former law is continued in effect
 9-9     for that purpose.
9-10           SECTION 20. This Act takes effect September 1, 2001.