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