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 * * * * *