By Maxey H.B. No. 1727
77R9812 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method of delivery of a copy of a proposed local or
1-3 special law to certain local governments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 313.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 313.001. APPLICATION OF CHAPTER [NOTICE]. (a) This
1-8 chapter applies to a bill proposing a local or special law,
1-9 including a bill creating a district under Section 52, Article III,
1-10 or Section 59, Article XVI, Texas Constitution.
1-11 (b) A person who intends to apply for the passage of a local
1-12 or special law must give notice of that intention as prescribed by
1-13 this chapter.
1-14 SECTION 2. Chapter 313, Government Code, is amended by adding
1-15 Section 313.0035 to read as follows:
1-16 Sec. 313.0035. NOTICE TO COMMISSIONERS COURTS AND MUNICIPAL
1-17 GOVERNING BODIES. (a) If the Texas Constitution or a general or
1-18 special law requires that a copy of a local or special bill
1-19 proposed for introduction be delivered to the county commissioners
1-20 court or municipal governing body of any locality affected by the
1-21 bill, the person intending to introduce the bill must deliver a
1-22 copy of the proposed bill to the commissioners court or the
1-23 municipal governing body in a manner consistent with Rule
1-24 106(a)(1), Texas Rules of Civil Procedure. The person may not
2-1 deliver the proposed bill in the manner specified in Rule 109 or
2-2 109a, Texas Rules of Civil Procedure.
2-3 (b) The copy of a proposed bill must be delivered not later
2-4 than the 30th day before the date on which the bill is introduced
2-5 in the legislature.
2-6 SECTION 3. Section 313.004, Government Code, is amended to
2-7 read as follows:
2-8 Sec. 313.004. PROOF OF PUBLICATION, [OR] POSTING, OR
2-9 DELIVERY OF PROPOSED BILL. (a) If publication of notice in a
2-10 newspaper is required by law, proof of publication shall be made by
2-11 the affidavit of the publisher accompanied by a printed copy of the
2-12 notice as published.
2-13 (b) Proof of posting may be made by the return of the
2-14 sheriff or constable or by the affidavit of a credible person made
2-15 on a copy of the posted notice showing the fact of the posting.
2-16 (c) Proof of delivery of the copy of a proposed bill under
2-17 Section 313.0035 must be made by affidavit of the person delivering
2-18 the proposed bill accompanied by a printed copy of the proposed
2-19 bill as delivered.
2-20 SECTION 4. Section 313.005, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 313.005. INTRODUCTION OF LAW. When a local or special
2-23 law is introduced in the legislature, the law must be accompanied
2-24 by competent proof that notice was given and that a copy of the
2-25 proposed law was delivered to the commissioners court or municipal
2-26 governing body of a locality affected by the law, if required.
2-27 SECTION 5. This Act takes effect September 1, 2001.