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.