1-1     By:  Clark, et al. (Senate Sponsor - Shapiro)         H.B. No. 1265
 1-2           (In the Senate - Received from the House March 21, 2001;
 1-3     March 22, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 3, 2001, reported favorably, as
 1-5     amended, by the following vote:  Yeas 6, Nays 0; May 3, 2001, sent
 1-6     to printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Madla
 1-8           Amend H.B. 1265 by inserting on page 2, line 31, the
 1-9     following and renumbering subsequent section appropriately:
1-10     SECTION 8.  Amend Section 62.002(a), Local Government Code to read
1-11     as follows:
1-12           (a)  The mayor of the municipality shall order an election on
1-13     the question of abolishing the municipality's corporate existence
1-14     if a petition requesting that the election be held is submitted to
1-15     the mayor and is signed by at least 400 qualified voters of the
1-16     municipality.  However, if a majority of the qualified voters of
1-17     the municipality is less than 400, the petition must be signed by
1-18     at least two-thirds of the qualified voters of the municipality.
1-19     If the municipality has less than 400 qualified voters and has no
1-20     municipal debt and does not provide services that would be
1-21     otherwise provided by the county, the petition must be signed by at
1-22     least fifty qualified voters in the municipality.
1-23                            A BILL TO BE ENTITLED
1-24                                   AN ACT
1-25     relating to clarifications of and technical corrections in certain
1-26     laws affecting municipalities and counties.
1-27           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28           SECTION 1. (a)  The heading to Subchapter A, Chapter 21,
1-29     Local Government Code, is amended to read as follows: 
1-30         CHAPTER 21. GENERAL PROVISIONS AFFECTING GOVERNING BODY OF
1-31                         [GENERAL-LAW] MUNICIPALITY
1-32           (b)  Subchapter A, Chapter 21, Local Government Code, is
1-33     amended by adding Section 21.002 to read as follows:
1-34           Sec. 21.002.  REFERENCES TO MUNICIPAL GOVERNING BODY AND TO
1-35     MEMBERS OF MUNICIPAL GOVERNING BODY. A reference in this code or
1-36     another statute:
1-37                 (1)  to a member of the governing body of a
1-38     municipality includes each member of that body regardless of the
1-39     name, including alderman, commissioner, or council member, used by
1-40     a statute, municipal charter, or municipal ordinance to refer to
1-41     the member; or
1-42                 (2)  to the governing body of a municipality includes a
1-43     municipal governing body regardless of the name, including board of
1-44     aldermen,  city commission, or city council, used by a statute,
1-45     municipal charter, or municipal ordinance to refer to the governing
1-46     body.
1-47           SECTION 2. Section 21.024, Local Government Code, is amended
1-48     to read as follows:
1-49           Sec. 21.024.  NO REMOVAL BEFORE ACTION. [(a)]  An officer may
1-50     not be removed under this subchapter for an act the officer
1-51     committed before election to office if the act was a matter of
1-52     public record or otherwise known to the voters.
1-53           SECTION 3. Section 21.031(a), Local Government Code, is
1-54     amended to read as follows:
1-55           (a)  The conviction of an officer [by a petit jury] for any
1-56     felony or for a misdemeanor involving official misconduct operates
1-57     as an immediate removal from office.
1-58           SECTION 4. Section 22.077(b), Local Government Code, is
1-59     amended to read as follows:
1-60           (b)  If the governing body lacks confidence in a municipal
1-61     officer appointed [elected] by the governing body, the governing
1-62     body may remove the officer at any time.  The removal is effective
1-63     only if two-thirds of the elected aldermen vote in favor of a
 2-1     resolution declaring the lack of confidence.
 2-2           SECTION 5. Section 24.026(b), Local Government Code, is
 2-3     amended to read as follows:
 2-4           (b)  If, because of death, resignation, failure to qualify,
 2-5     or other reason, vacancies exist in the offices of mayor and
 2-6     commissioner at the same time or in the offices of two
 2-7     commissioners at the same time, the county judge shall order a
 2-8     special election to fill the vacancies.  The election is governed
 2-9     by the provisions applicable to an election under Subchapter A,
2-10     Chapter 8[, if the municipality incorporated as a Type C
2-11     general-law municipality, or is governed by the same provisions
2-12     applicable to an election under Subchapter B, Chapter 8, if the
2-13     municipality changed to a Type C general-law municipality].
2-14           SECTION 6. Section 43.906(a), Local Government Code, is
2-15     amended to read as follows:
2-16           (a)  In connection with an annexation or proposed annexation,
2-17     a municipality shall apply for preclearance under Section 5, Voting
2-18     Rights Act of 1965 (42 U.S.C. Section 1973c), of any voting change
2-19     resulting from the annexation or proposed annexation from the
2-20     United States Department of Justice on [not later than the 90th day
2-21     before the effective date of the annexation or] the earliest date
2-22     permitted under federal law.
2-23           SECTION 7. Section 52.002(a), Local Government Code, is
2-24     amended to read as follows:
2-25           (a)  The style of an ordinance of the municipality must be:
2-26     "Be it ordained by the _____________(insert the name by which the
2-27     governing body of the municipality is known, such as city council,
2-28     board of aldermen, or city commission) of the ______________(insert
2-29     the type of entity that the municipality is known as, such as city,
2-30     town, or village) of  (insert the name of the municipality)."
2-31           SECTION 8. Section 102.0065, Local Government Code, is
2-32     amended to read as follows:
2-33           Sec. 102.0065.  SPECIAL NOTICE BY PUBLICATION FOR BUDGET
2-34     HEARING. (a)  The governing body of a municipality shall publish
2-35     notice before a public hearing relating to a budget in at least one
2-36     newspaper of general circulation in the county in which the
2-37     municipality is located.
2-38           (b)  Notice published under this section is in addition to
2-39     notice required by other law, except that if another law requires
2-40     the governing body to give notice, by publication, of a hearing on
2-41     a budget this section does not apply.
2-42           (c)  Notice under this section shall be published not earlier
2-43     than the 30th or later than the 10th day before the date of the
2-44     hearing.
2-45           [(c)  This section does not apply to the governing body of a
2-46     municipality required by other law to give notice by publication of
2-47     a hearing on a budget.]
2-48           SECTION 9. Section 141.031(d), Local Government Code, is
2-49     amended to read as follows:
2-50           (d)  In a municipality with a population of more than 175,000
2-51     [or more], each member of the fire or police department is entitled
2-52     to receive a salary of at least $220 a month.
2-53           SECTION 10. Section 142.005(c), Local Government Code, is
2-54     amended to read as follows:
2-55           (c)  A municipality may not purchase liability insurance in
2-56     excess of $20,000 because of bodily injury to or death of one
2-57     person in any one accident, $100,000 because of bodily injury to or
2-58     death of two or more persons in any one accident, and $15,000
2-59     [$5,000] because of injury to or destruction of property of others
2-60     in any one accident.
2-61           SECTION 11. Section 211.014(e), Local Government Code, is
2-62     amended to read as follows:
2-63           (e)  A panel of a board of adjustment:
2-64                 (1)  has the powers and duties that a board of
2-65     adjustment has under Sections 211.008, 211.009, 211.010, and
2-66     211.011; and
2-67                 (2)  is to be treated as a board of adjustment for
2-68     purposes of the requirement imposed by Section 211.008(d).
2-69           SECTION 12. Section 212.0065(a), Local Government Code, is
 3-1     amended to read as follows:
 3-2           (a)  The governing body of a municipality may delegate to one
 3-3     or more officers or employees [persons] of the municipality or of a
 3-4     utility owned or operated by the municipality the ability to
 3-5     approve:
 3-6                 (1)  amending plats described by Section 212.016;
 3-7                 (2)  minor plats involving four or fewer lots fronting
 3-8     on an existing street and not requiring the creation of any new
 3-9     street or the extension of municipal facilities; or
3-10                 (3)  a replat under Section 212.0145 that does not
3-11     require the creation of any new street or the extension of
3-12     municipal facilities.
3-13           SECTION 13. Section 271.045(a), Local Government Code, is
3-14     amended to read as follows:
3-15           (a)  The governing body of an issuer may authorize
3-16     certificates to pay a contractual obligation to be incurred for
3-17     the:
3-18                 (1)  construction of any public work;
3-19                 (2)  purchase of materials, supplies, equipment,
3-20     machinery, buildings, land, and rights-of-way for authorized needs
3-21     and purposes; or
3-22                 (3)  payment of contractual obligations for
3-23     professional services, including services provided by tax
3-24     appraisers [appraisal engineers], engineers, architects, attorneys,
3-25     map makers, auditors, financial advisors, and fiscal agents.
3-26           SECTION 14. Section 271.049(d), Local Government Code, is
3-27     amended to read as follows:
3-28           (d)  This section does not apply to certificates issued for
3-29     the purposes described by Sections 271.056(1)-(4) [271.056(1)-(5)].
3-30           SECTION 15. Section 271.056, Local Government Code, is
3-31     amended to read as follows:
3-32           Sec. 271.056.  EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT. The
3-33     provisions of this subchapter relating to the advertisement for
3-34     competitive bids do not apply to:
3-35                 (1)  a case of public calamity if it is necessary to
3-36     act promptly to relieve the necessity of the residents or to
3-37     preserve the property of the issuer;
3-38                 (2)  a case in which it is necessary to preserve or
3-39     protect the public health of the residents of the issuer;
3-40                 (3)  a case of unforeseen damage to public machinery,
3-41     equipment, or other property;
3-42                 (4)  a contract for personal or professional services;
3-43                 (5)  work done by employees of the issuer and paid for
3-44     as the work progresses;
3-45                 (6)  the purchase of any land, building, existing
3-46     utility system, or right-of-way for authorized needs and purposes;
3-47                 (7)  expenditures for or relating to improvements in
3-48     municipal water systems, sewer systems, streets, or drainage, if at
3-49     least one-third of the cost of the improvements is to be paid by
3-50     special assessments levied against properties to be benefitted by
3-51     the improvements;
3-52                 (8)  a case in which the entire contractual obligation
3-53     is to be paid from bond funds or current funds or in which an
3-54     advertisement for bids has previously been published in accordance
3-55     with this subchapter but the current funds or bond funds are not
3-56     adequate to permit the awarding of the contract and certificates
3-57     are to be awarded to provide for the deficiency;
3-58                 (9)  the sale of a public security, as that term is
3-59     defined by Section 1204.001, Government Code [Chapter 3, Acts of
3-60     the 61st Legislature, Regular Session, 1969 (Article 717k-2,
3-61     Vernon's Texas Civil Statutes)];
3-62                 (10)  a municipal procurement of a kind that, under
3-63     Chapter 252, is not required to be made in accordance with
3-64     competitive bidding procedures like those prescribed by this
3-65     subchapter; or
3-66                 (11)  a county contract that, under the County
3-67     Purchasing Act (Subchapter C, Chapter 262), is not required to be
3-68     made in accordance with competitive bidding procedures like those
3-69     prescribed by this subchapter.
 4-1           SECTION 16. Section 341.902, Local Government Code, is
 4-2     amended to read as follows:
 4-3           Sec. 341.902.  WORKHOUSE AND HOUSE OF CORRECTION IN TYPE A
 4-4     GENERAL-LAW MUNICIPALITY. (a)  The governing body of a Type A
 4-5     general-law municipality may build and establish one or more jails
 4-6     [workhouses or houses of correction] inside or outside the
 4-7     municipality.
 4-8           (b)  The governing body may adopt necessary rules and appoint
 4-9     necessary keepers or assistants for the jails [workhouses or houses
4-10     of correction].
4-11           (c)  Vagrants and disorderly persons may be confined in a
4-12     jail [workhouse or house of correction] on commitment by a
4-13     municipal court judge.  A person who fails or refuses to pay the
4-14     fine or costs imposed for an offense may be confined in a
4-15     [workhouse or house of correction instead of a] jail.
4-16           SECTION 17. Article 18.17, Code of Criminal Procedure, is
4-17     amended by adding Subsection (j) to read as follows:
4-18           (j)  Chapters 72, 74, 75, and 76, Property Code, do not apply
4-19     to unclaimed or abandoned property to which this article applies.
4-20           SECTION 18. Section 30.000085, Government Code, is amended to
4-21     read as follows:
4-22           Sec. 30.000085.  REMOVAL OF JUDGE. A municipal judge of a
4-23     general law municipality may be removed from office [by the
4-24     governing body] at any time for the reasons stated and by the
4-25     procedure provided for the removal of members of a municipal
4-26     governing body [mayors and aldermen] in  Subchapter B, Chapter 21
4-27     [Section 21.002], Local Government Code.  A municipal judge of a
4-28     home-rule municipality may be removed from office by the governing
4-29     body for the reasons stated and by the procedures provided for the
4-30     removal of judges in the charter of the municipality or, if the
4-31     charter does not provide for the removal of judges, as provided by
4-32     Section 1-a, Article V, Texas Constitution, or by the procedure
4-33     provided for the removal of members of a municipal governing body
4-34     [mayors and aldermen in a general-law municipality] in Subchapter
4-35     B, Chapter 21 [Section 21.002], Local Government Code.
4-36           SECTION 19. (a)  Sections 105.031(c), 105.032, and 105.052,
4-37     Local Government Code, are repealed.
4-38           (b)  The repeal by this Act of Sections 105.031(c), 105.032,
4-39     and 105.052, Local Government Code, does not affect the use of a
4-40     personal bond, approved by a municipal governing body before
4-41     September 1, 2001, as security for the deposit of municipal funds.
4-42     The use of that personal bond as security for the deposit of
4-43     municipal funds is governed by the law as it existed immediately
4-44     before September 1, 2001, and the former law is continued in effect
4-45     for that purpose.
4-46           SECTION 20. This Act takes effect September 1, 2001.
4-47                                  * * * * *