By Maxey                                              H.B. No. 1727
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the giving of notice of intent to introduce a local or
 1-3     special law.
 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 bills proposing a local or special law,
 1-9     including a bill creating a district under art. III, Sec. 52, and
1-10     art. XVI, Sec. 59, 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.  Secs. 313.004 and 313.005, Government Code, are
1-15     amended to read as follows:
1-16           Sec. 313.004.  NOTICE TO COMMISSIONERS COURTS AND MUNICIPAL
1-17     GOVERNING BODIES. (a)  If any provision of the Texas Constitution
1-18     or general or special law require that notice of intention to
1-19     introduce a local or special law be  delivered to the county
1-20     commissioners court or municipal governing body of a locality
1-21     embraced by the bill, the person must deliver notice to the  body
1-22     in a manner consistent with Rule 106, Texas Rules of Civil
 2-1     Procedure.  The person may not deliver the notice in the manner
 2-2     specified in Rules 109 and 109a, Texas Rules of Civil Procedure.
 2-3           (b)  The notice must be delivered not later than the 30th day
 2-4     before the date on which the intended law is introduced in the
 2-5     legislature.
 2-6           Sec. 313.005.  PROOF OF PUBLICATION, [OR] POSTING OR NOTICE.
 2-7     (a)  If publication of notice in a newspaper is required by law,
 2-8     proof of publication shall be made by the affidavit of the
 2-9     publisher accompanied by a printed copy of the notice as published.
2-10           (b)  Proof of posting may be made by the return of the
2-11     sheriff or constable or by the affidavit of a credible person made
2-12     on a copy of the posted notice showing the fact of the posting.
2-13           (c)  Proof of delivery of notice under Sec. 313.004 shall be
2-14     made by the affidavit of the person making the delivery of notice
2-15     accompanied by a printed copy of the notice as delivered.
2-16           Sec. 313.006 [313.005].  INTRODUCTION OF LAW. When a local or
2-17     special law is introduced in the legislature, the law must be
2-18     accompanied by competent proof that notice was given.
2-19           SECTION 3.  This Act takes effect September 1, 2001.