77R9812 MI-F                           
         By Maxey                                              H.B. No. 1727
         Substitute the following for H.B. No. 1727:
         By Wolens                                         C.S.H.B. No. 1727
                                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.