77R12662 E
By Wolens H.B. No. 2810
Substitute the following for H.B. No. 2810:
By Wolens C.S.H.B. No. 2810
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of statutes that classify political
1-3 subdivisions according to population.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 147.003(a), Agriculture Code, is amended
1-6 to read as follows:
1-7 (a) A person pursuing the business of selling mules, horses,
1-8 jacks, or jennets in a county with a population of not less than
1-9 1.4 [one] million nor more than 1.5 [1.18] million is not subject
1-10 to this chapter as a livestock auction commission merchant.
1-11 SECTION 2. Section 5.331, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Sec. 5.331. PUBLIC DISTURBANCE REPORTS. Local law
1-14 enforcement agencies in each county with a population of 3.3 [2]
1-15 million or more shall send to the commission reports and other data
1-16 concerning shootings, stabbings, and other public disturbances that
1-17 occur on the premises of a permittee or licensee. The reports and
1-18 data shall be incorporated into the record of the permittee or
1-19 licensee. The administrator of the Texas Alcoholic Beverage
1-20 Commission shall prescribe the form and content of such reports.
1-21 SECTION 3. Section 25.051(a), Alcoholic Beverage Code, is
1-22 amended to read as follows:
1-23 (a) The county judge of a county with a population of 1.3
1-24 million [750,000] or more may appoint a master to hear a permit
2-1 application under this chapter in the manner provided by Section
2-2 61.311 of this code for the appointment of a master to hear a
2-3 license application.
2-4 SECTION 4. Section 26.06, Alcoholic Beverage Code, is amended
2-5 to read as follows:
2-6 Sec. 26.06. MASTERS IN CERTAIN COUNTIES. The county judge
2-7 of a county with a population of 1.3 million [750,000] or more may
2-8 appoint a master to hear a permit application under this chapter in
2-9 the manner provided by Section 61.311 of this code for the
2-10 appointment of a master to hear a license application.
2-11 SECTION 5. Section 61.311(a), Alcoholic Beverage Code, is
2-12 amended to read as follows:
2-13 (a) The county judge of a county with a population of 1.3
2-14 million [750,000] or more may appoint a master to hear an
2-15 application under this chapter.
2-16 SECTION 6. Section 75.01(a), Alcoholic Beverage Code, is
2-17 amended to read as follows:
2-18 (a) The holder of a storage license who also holds a customs
2-19 broker's license issued under 19 U.S.C. Section 1641(b) may import
2-20 and store beer, ale, and malt liquor in a county with a population
2-21 of 300,000 [200,000] or less that borders the United Mexican States
2-22 for:
2-23 (1) storage purposes only in a wet area, as that term
2-24 is described by Section 251.71, from the holder of a nonresident
2-25 manufacturer's license or nonresident brewer's permit whose
2-26 manufacturing premises are located in the United Mexican States;
2-27 and
3-1 (2) transfer to qualified persons located in the
3-2 United States outside of this state.
3-3 SECTION 7. Section 109.57(e), Alcoholic Beverage Code, is
3-4 amended to read as follows:
3-5 (e) A municipality located in a county that has a population
3-6 of 2.2 [1.2] million or more and that is adjacent to a county with
3-7 a population of more than 400,000 [250,000] or a municipality
3-8 located in a county with a population of 400,000 [250,000] or more
3-9 and that is adjacent to a county with a population of 2.2 [1.2]
3-10 million or more may regulate, in a manner not otherwise prohibited
3-11 by law, the location of an establishment issued a permit under
3-12 Chapter 32 or 33 if:
3-13 (1) the establishment derives 35 percent or more of
3-14 the establishment's gross revenue from the on-premises sale or
3-15 service of alcoholic beverages and the premises of the
3-16 establishment are located in a dry area; and
3-17 (2) the permit is not issued to a fraternal or
3-18 veterans organization or the holder of a food and beverage
3-19 certificate.
3-20 SECTION 8. Article 2.12, Code of Criminal Procedure, as
3-21 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
3-22 Legislature, Regular Session, 1999, is amended to read as follows:
3-23 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-24 officers:
3-25 (1) sheriffs, their deputies, and those reserve
3-26 deputies who hold a permanent peace officer license issued under
3-27 Chapter 1701 [415], Occupations [Government] Code;
4-1 (2) constables, deputy constables, and those reserve
4-2 deputy constables who hold a permanent peace officer license issued
4-3 under Chapter 1701 [415], Occupations [Government] Code;
4-4 (3) marshals or police officers of an incorporated
4-5 city, town, or village, and those reserve municipal police officers
4-6 who hold a permanent peace officer license issued under Chapter
4-7 1701 [415], Occupations [Government] Code;
4-8 (4) rangers and officers commissioned by the Public
4-9 Safety Commission and the Director of the Department of Public
4-10 Safety;
4-11 (5) investigators of the district attorneys', criminal
4-12 district attorneys', and county attorneys' offices;
4-13 (6) law enforcement agents of the Texas Alcoholic
4-14 Beverage Commission;
4-15 (7) each member of an arson investigating unit
4-16 commissioned by a city, a county, or the state;
4-17 (8) officers commissioned under Section 37.081,
4-18 Education Code, or Subchapter E, Chapter 51, Education Code;
4-19 (9) officers commissioned by the General Services
4-20 Commission;
4-21 (10) law enforcement officers commissioned by the
4-22 Parks and Wildlife Commission;
4-23 (11) airport police officers commissioned by a city
4-24 with a population of more than 1.18 [one] million, [according to
4-25 the most recent federal census,] that operates an airport that
4-26 serves commercial air carriers;
4-27 (12) airport security personnel commissioned as peace
5-1 officers by the governing body of any political subdivision of this
5-2 state, other than a city described by Subdivision (11), that
5-3 operates an airport that serves commercial air carriers;
5-4 (13) municipal park and recreational patrolmen and
5-5 security officers;
5-6 (14) security officers commissioned as peace officers
5-7 by the comptroller;
5-8 (15) officers commissioned by a water control and
5-9 improvement district under Section 49.216, Water Code;
5-10 (16) officers commissioned by a board of trustees
5-11 under Chapter 54 [341], Transportation Code [Acts of the 57th
5-12 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
5-13 Civil Statutes)];
5-14 (17) investigators commissioned by the Texas State
5-15 Board of Medical Examiners;
5-16 (18) officers commissioned by the board of managers of
5-17 the Dallas County Hospital District, the Tarrant County Hospital
5-18 District, or the Bexar County Hospital District under Section
5-19 281.057, Health and Safety Code;
5-20 (19) county park rangers commissioned under Subchapter
5-21 E, Chapter 351, Local Government Code;
5-22 (20) investigators employed by the Texas Racing
5-23 Commission;
5-24 (21) officers commissioned by the State Board of
5-25 Pharmacy;
5-26 (22) officers commissioned by the governing body of a
5-27 metropolitan rapid transit authority under Section 451.108,
6-1 Transportation Code, or by a regional transportation authority
6-2 under Section 452.110, Transportation Code;
6-3 (23) investigators commissioned by the attorney
6-4 general under Section 402.009, Government Code;
6-5 (24) security officers and investigators commissioned
6-6 as peace officers under Chapter 466, Government Code;
6-7 (25) an officer employed by the Texas Department of
6-8 Health under Section 431.2471, Health and Safety Code;
6-9 (26) officers appointed by an appellate court under
6-10 Subchapter F, Chapter 53, Government Code;
6-11 (27) officers commissioned by the state fire marshal
6-12 under Chapter 417, Government Code;
6-13 (28) an investigator commissioned by the commissioner
6-14 of insurance under Article 1.10D, Insurance Code;
6-15 (29) apprehension specialists commissioned by the
6-16 Texas Youth Commission as officers under Section 61.0931, Human
6-17 Resources Code; [and]
6-18 (30) officers appointed by the executive director of
6-19 the Texas Department of Criminal Justice under Section 493.019,
6-20 Government Code;[.]
6-21 (31) [(30)] investigators commissioned by the
6-22 Commission on Law Enforcement Officer Standards and Education under
6-23 Section 415.016, Government Code; and[.]
6-24 (32) [(30)] board investigators commissioned by the
6-25 Texas Commission on Private Security under Section 10(f), Private
6-26 Investigators and Private Security Agencies Act (Article
6-27 4413(29bb), Vernon's Texas Civil Statutes).
7-1 SECTION 9. Article 102.009, Code of Criminal Procedure, is
7-2 amended to read as follows:
7-3 Art. 102.009. COURT COSTS IN CERTAIN COUNTIES. In counties
7-4 with a population of 3.3 [two] million or more [according to the
7-5 most recent federal census], the commissioners court may set court
7-6 costs for persons convicted of a Class C misdemeanor in the justice
7-7 courts. Court costs set as provided by this article may not exceed
7-8 $7 for each conviction.
7-9 SECTION 10. Section 51.214(a), Education Code, is amended to
7-10 read as follows:
7-11 (a) In any municipality with a population of 1.18 million
7-12 [1,000,000] or more, the governing board of a private, nonprofit
7-13 medical corporation that provides security services for an
7-14 institution of higher education or a private postsecondary
7-15 educational institution and other entities located within the same
7-16 medical complex, or that provides security services for a branch of
7-17 that medical complex, may employ and commission security personnel
7-18 to enforce the law of this state at the medical complex and its
7-19 branches.
7-20 SECTION 11. Section 51.904, Education Code, is amended to
7-21 read as follows:
7-22 Sec. 51.904. STREET CLOSING. The governing body of an
7-23 institution of higher education as defined by Section 61.003 in a
7-24 county having a population in excess of 3.3 million [2,000,000] may
7-25 vacate, abandon, and close a street or alley running through the
7-26 campus if the institution owns all of the real property abutting
7-27 the street or alley and if the institution owns 20 or more acres of
8-1 real property at the campus where the street or alley is located.
8-2 SECTION 12. Sections 130.073(a) and (k), Education Code, are
8-3 amended to read as follows:
8-4 (a) A junior college district [that is] located in part of a
8-5 county that has [with] a population of more than 1.3 [1.18] million
8-6 and in which a municipality with a population of more than one
8-7 million is primarily located [residents] may annex the territory
8-8 included in the county that is not included in the district or
8-9 another junior college district.
8-10 (k) In a junior college district expanded to a countywide
8-11 district that has [with] a population of more than 1.3 [1.18]
8-12 million and in which a municipality with a population of more than
8-13 one million is primarily located [residents according to the last
8-14 preceding decennial census], members of the governing board shall
8-15 be elected from single-member trustee districts. If members of the
8-16 governing board of a junior college district subject to this
8-17 subsection are not already elected from single-member trustee
8-18 districts, the members shall be elected as provided by this
8-19 subsection. The governing board of the district shall divide the
8-20 junior college district into nine single-member trustee districts
8-21 that are compact and contiguous, and that contain as nearly as
8-22 practicable an equal number of residents according to the last
8-23 preceding decennial census. The trustee district positions shall
8-24 be filled as the staggered terms of incumbent trustees expire, with
8-25 the first trustees from single-member districts being elected at
8-26 the first regular trustee election held in a year following the
8-27 year in which the district became countywide. If an incumbent
9-1 trustee is a vacancy appointee serving until the next regular
9-2 election, that position shall also be filled from a trustee
9-3 district for an appropriately shortened term at that election. If
9-4 before that election the district was governed by seven trustees,
9-5 the district shall also elect two additional trustees from trustee
9-6 districts at that election. The initial terms of the additional
9-7 trustees shall be for the periods necessary to comply with Section
9-8 130.082(e) of this code. The board shall complete the drawing of
9-9 the single-member district boundaries, and shall determine by lot
9-10 the order in which the trustee district positions will be filled,
9-11 not later than the 90th day before the date of that election.
9-12 Trustees elected under this subsection are elected by the qualified
9-13 voters of the trustee district the trustee represents. A candidate
9-14 seeking to represent a trustee district must be a resident of that
9-15 trustee district and vacates the office if he ceases to reside in
9-16 that district. A person appointed to fill a vacancy must be a
9-17 resident of the trustee district he is appointed to represent. Not
9-18 later than the 90th day before the day of the first election
9-19 following the date on which the district may officially take notice
9-20 of the federal census, the board of a district electing trustees
9-21 under this subsection shall redivide the district into nine trustee
9-22 districts if the census data indicate that the population of the
9-23 most populous district exceeds the population of the least populous
9-24 district by more than 10 percent. If after redistricting only one
9-25 incumbent trustee resides in a new district, the trustee serves the
9-26 new district for the remainder of the term to which he was elected.
9-27 If after redistricting no incumbent or more than one incumbent
10-1 resides in a new district, the office for trustee of that district
10-2 becomes vacant, and the vacancy shall be filled in the same manner
10-3 as other vacancies on the board.
10-4 SECTION 13. Section 130.082(i), Education Code, is amended to
10-5 read as follows:
10-6 (i) The election of trustees of a countywide junior or
10-7 community college district that contains a city with a population
10-8 of more than 1.18 [one] million [residents] shall be held on the
10-9 first Saturday in April of each even-numbered year. When a runoff
10-10 election is necessary, the board may order the election for a date
10-11 to coincide with the date of the runoff election for city
10-12 officials, if the city is holding a runoff election; otherwise, the
10-13 board shall set the date of the runoff election for not later than
10-14 three weeks following the regular election.
10-15 SECTION 14. Section 52.092(e), Election Code, is amended to
10-16 read as follows:
10-17 (e) County offices shall be listed in the following order:
10-18 (1) county judge;
10-19 (2) judge, county court at law;
10-20 (3) judge, county criminal court;
10-21 (4) judge, county probate court;
10-22 (5) county attorney;
10-23 (6) district clerk;
10-24 (7) district and county clerk;
10-25 (8) county clerk;
10-26 (9) sheriff;
10-27 (10) sheriff and tax assessor-collector;
11-1 (11) county tax assessor-collector;
11-2 (12) county treasurer;
11-3 (13) county school trustee (county with population of
11-4 3.3 [two] million or more);
11-5 (14) county surveyor;
11-6 (15) inspector of hides and animals.
11-7 SECTION 15. Section 143.005(e), Election Code, is amended to
11-8 read as follows:
11-9 (e) If the city charter of a home-rule city with a
11-10 population of more than 1.18 [one] million that holds nonpartisan
11-11 elections for its offices requires both a petition and a $50 fee to
11-12 be filed for a candidate's name to be placed on the ballot, those
11-13 requirements supersede this section.
11-14 SECTION 16. Section 25.0023, Government Code, is amended to
11-15 read as follows:
11-16 Sec. 25.0023. COMPENSATION OF CERTAIN PROBATE COURT JUDGES.
11-17 In any county having a population of 1.3 million [700,000] or more,
11-18 the commissioners court shall set the annual salary of each judge
11-19 of a statutory probate court at an amount that is at least equal to
11-20 the total annual salary, including supplements, received by a
11-21 district judge in the county. The salary shall be paid in equal
11-22 monthly installments.
11-23 SECTION 17. Section 51.501(c), Government Code, is amended
11-24 to read as follows:
11-25 (c) The commissioners court of a county that has a
11-26 population of 6,000 [6,800] to 6,125 [6,900] shall determine
11-27 whether the county shall have a joint clerk but may not take action
12-1 to prevent a district clerk, county clerk, or joint clerk from
12-2 serving the full term of office to which the clerk was elected.
12-3 SECTION 18. Section 54.851, Government Code, is amended to
12-4 read as follows:
12-5 Sec. 54.851. APPLICATION. This subchapter applies only to
12-6 counties with a population of 3.3 [two] million or more.
12-7 SECTION 19. Section 441.139(a), Government Code, is amended
12-8 to read as follows:
12-9 (a) Notwithstanding other provisions of this subchapter, a
12-10 library, including a public library, in a city with a population of
12-11 1.18 million [1,000,000] or more and that has adopted a
12-12 council-manager form of government, may charge a reasonable fee to
12-13 a for-profit business entity for providing in-depth research
12-14 services or research support relating to the entity's business
12-15 activities.
12-16 SECTION 20. Section 618.002(3), Government Code, is amended
12-17 to read as follows:
12-18 (3) "Eligible contract" means a written evidence of
12-19 agreement, including a contract, purchase order, and surety bond,
12-20 and any related document, including an application, certificate,
12-21 and approval, other than a public security or instrument of
12-22 payment, that is executed, authenticated, certified, or endorsed
12-23 for or on behalf of a home-rule municipality with a population of
12-24 1.9 [1.2] million or more.
12-25 SECTION 21. Section 803.0021, Government Code, is amended to
12-26 read as follows:
12-27 Sec. 803.0021. APPLICATION OF CHAPTER. This chapter applies
13-1 only to:
13-2 (1) a retirement system for general municipal
13-3 employees in a municipality with a population of not less than
13-4 600,000 [460,000] nor more than 700,000 [500,000];
13-5 (2) the Employees Retirement System of Texas, the
13-6 Teacher Retirement System of Texas, the Judicial Retirement System
13-7 of Texas Plan One, the Judicial Retirement System of Texas Plan
13-8 Two, the Texas County and District Retirement System, and the Texas
13-9 Municipal Retirement System; and
13-10 (3) a retirement system that makes an election under
13-11 Section 803.101(f).
13-12 SECTION 22. Section 852.005(c), Government Code, is amended
13-13 to read as follows:
13-14 (c) For the purposes of this subtitle, a fire or police
13-15 department has the standing of a municipality if:
13-16 (1) the department:
13-17 (A) was created and is operating under an
13-18 interlocal cooperation agreement that has existed at least 15 years
13-19 and was executed by two or more municipalities located in a county
13-20 with a population of at least 3.3 [two] million;
13-21 (B) is supervised by an administrative agency
13-22 appointed by the contracting municipalities; and
13-23 (C) provides common fire protection or law
13-24 enforcement services to the contracting municipalities; and
13-25 (2) the governing body of each municipality that is a
13-26 party to the agreement has voted by ordinance or resolution to
13-27 accept responsibility, in a manner to be determined by the
14-1 participating municipalities, for all payments required of and
14-2 obligations incurred by the department under this subtitle in the
14-3 event that the interlocal cooperation agreement is dissolved or
14-4 expires; and
14-5 (3) all ordinances adopted by the participating
14-6 municipalities with regard to the participation are approved by the
14-7 board of trustees.
14-8 SECTION 23. Section 1371.001(4), Government Code, is amended
14-9 to read as follows:
14-10 (4) "Issuer" means:
14-11 (A) a home-rule municipality that:
14-12 (i) adopted its charter under Section 5,
14-13 Article XI, Texas Constitution;
14-14 (ii) has a population of 50,000 or more;
14-15 and
14-16 (iii) has outstanding long-term
14-17 indebtedness that is rated by a nationally recognized rating agency
14-18 for municipal securities in one of the four highest rating
14-19 categories for a long-term obligation;
14-20 (B) a conservation and reclamation district
14-21 created and organized as a river authority under Section 52,
14-22 Article III, or Section 59, Article XVI, Texas Constitution;
14-23 (C) a joint powers agency organized and
14-24 operating under Chapter 163, Utilities Code;
14-25 (D) a metropolitan rapid transit authority or
14-26 regional transportation authority created, organized, and operating
14-27 under Chapter 451 or 452, Transportation Code;
15-1 (E) a conservation and reclamation district
15-2 organized or operating as a navigation district under Section 52,
15-3 Article III, or Section 59, Article XVI, Texas Constitution;
15-4 (F) a district organized or operating under
15-5 Section 59, Article XVI, Texas Constitution, that has all or part
15-6 of two or more municipalities within its boundaries;
15-7 (G) a state agency, including a state
15-8 institution of higher education;
15-9 (H) a hospital authority created or operating
15-10 under Chapter 262 or 264, Health and Safety Code, in a county that:
15-11 (i) has a population of more than 3.3
15-12 [two] million; or
15-13 (ii) is included, in whole or in part, in
15-14 a standard metropolitan statistical area of this state that
15-15 includes a county with a population of more than 2.2 [1.8] million;
15-16 (I) a nonprofit corporation organized to
15-17 exercise the powers of a higher education authority under Section
15-18 53.47(e), Education Code; or
15-19 (J) a county with a population of 3.3 [two]
15-20 million or more.
15-21 SECTION 24. Section 1432.001(a), Government Code, is amended
15-22 to read as follows:
15-23 (a) This chapter applies only to a local government that has
15-24 all or most of its territory located in a county with a population
15-25 of more than 1.3 million [650,000].
15-26 SECTION 25. Section 1477.301, Government Code, is amended to
15-27 read as follows:
16-1 Sec. 1477.301. APPLICABILITY OF SUBCHAPTER. This subchapter
16-2 applies only to a county:
16-3 (1) with a population of more than 3.3 [two] million;
16-4 or
16-5 (2) with a population of more than 90,000 that borders
16-6 the United Mexican States other than a county that contains three
16-7 or more municipalities that each have a population of more than
16-8 17,500.
16-9 SECTION 26. Section 1502.055(c), Government Code, is amended
16-10 to read as follows:
16-11 (c) This section does not apply to the sale of an
16-12 unencumbered natural gas system owned by a municipality with a
16-13 population of more than 1.9 [1.2] million.
16-14 SECTION 27. Section 1503.201, Government Code, is amended to
16-15 read as follows:
16-16 Sec. 1503.201. APPLICABILITY OF SUBCHAPTER. This subchapter
16-17 applies only to a municipality with a population of 1.9 [1.2]
16-18 million or more.
16-19 SECTION 28. Section 1504.251, Government Code, is amended to
16-20 read as follows:
16-21 Sec. 1504.251. APPLICABILITY OF SUBCHAPTER. This subchapter
16-22 applies only to a home-rule municipality with a population of 1.9
16-23 [1.2] million or more.
16-24 SECTION 29. Section 1506.101, Government Code, is amended to
16-25 read as follows:
16-26 Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This subchapter
16-27 applies only to a municipality that:
17-1 (1) is located on the Gulf of Mexico or on a channel,
17-2 canal, bay, or inlet connected to the Gulf of Mexico; and
17-3 (2) has a population of:
17-4 (A) more than 56,000 [60,000] and less than
17-5 67,000 [75,000]; or
17-6 (B) more than 113,000 [110,000] and less than
17-7 150,000 [120,000].
17-8 SECTION 30. Section 1506.151, Government Code, is amended to
17-9 read as follows:
17-10 Sec. 1506.151. APPLICABILITY OF SUBCHAPTER. This subchapter
17-11 applies only to a municipality with a population of more than 1.1
17-12 million [650,000].
17-13 SECTION 31. Section 1508.151, Government Code, is amended to
17-14 read as follows:
17-15 Sec. 1508.151. APPLICABILITY OF SUBCHAPTER. This subchapter
17-16 applies only to a municipality with a population of 1.9 [1.2]
17-17 million or more.
17-18 SECTION 32. Section 1509.002(b), Government Code, is amended
17-19 to read as follows:
17-20 (b) This section applies only to a municipality that:
17-21 (1) has a population of more than 15,000 [8,000] but
17-22 less than 16,000 [10,000]; and
17-23 (2) is located in two counties with populations of
17-24 325,000 [225,000] or more but less than 3.5 million [2,818,199].
17-25 SECTION 33. Section 1509.101, Government Code, is amended to
17-26 read as follows:
17-27 Sec. 1509.101. APPLICABILITY OF SUBCHAPTER. This subchapter
18-1 applies only to a municipality with a population of more than 1.1
18-2 million [650,000].
18-3 SECTION 34. Section 2303.103(e), Government Code, is amended
18-4 to read as follows:
18-5 (e) Notwithstanding Subsections (c) and (d), the governing
18-6 body of a county with a population of 1.3 million [750,000] or more
18-7 may nominate territory in that county that is in the
18-8 extraterritorial jurisdiction of a municipality to be included in
18-9 one or more of the county's enterprise zones, and the county shall
18-10 administer a zone that is established as the result of the
18-11 nomination.
18-12 SECTION 35. Section 263.025, Health and Safety Code, is
18-13 amended to read as follows:
18-14 Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR IMPROVEMENTS
18-15 IN COUNTIES OF 24,500 [22,000] TO 25,500 [22,034]. The
18-16 commissioners court of a county with a population of 24,500
18-17 [22,000] to 25,500 [22,034] may use excess money in the county
18-18 hospital operating fund for making permanent improvements to the
18-19 county hospital and for the payment of county bonds issued for the
18-20 construction and improvement of a county hospital facility.
18-21 SECTION 36. Section 281.021(b), Health and Safety Code, is
18-22 amended to read as follows:
18-23 (b) The commissioners court of a county with a population of
18-24 more than 1.4 million [650,000] but less than 1.5 [1.18] million in
18-25 which a district is created under this chapter shall appoint a
18-26 board composed of not less than five or more than 15 members.
18-27 SECTION 37. Section 285.002, Health and Safety Code, is
19-1 amended to read as follows:
19-2 Sec. 285.002. APPLICABILITY OF SUBCHAPTER. This subchapter
19-3 applies only to a county having:
19-4 (1) a population of at least 650,000 [580,000]; and
19-5 (2) a countywide hospital district that:
19-6 (A) has taxes imposed and collected by the
19-7 commissioners court of the county; and
19-8 (B) has teaching hospital facilities affiliated
19-9 with a state-owned or private medical school.
19-10 SECTION 38. Section 301.031(1), Health and Safety Code, is
19-11 amended to read as follows:
19-12 (1) "Eligible institution" means an entity engaged in
19-13 health-related pursuits that, except for cooperative associations,
19-14 is exempt from federal income tax and includes only:
19-15 (A) a municipality;
19-16 (B) a political subdivision of the state;
19-17 (C) a health-related institution supported by
19-18 the state or federal government or by a federal department,
19-19 division, or agency, including:
19-20 (i) The Texas A&M University System;
19-21 (ii) The University of Texas System;
19-22 (iii) Texas Woman's University; and
19-23 (iv) the Children's Nutrition Research
19-24 Center;
19-25 (D) a nonprofit health-related institution; and
19-26 (E) a cooperative association created to provide
19-27 a system, a unit of which is located in a county that has [with] a
20-1 population of more than 1.3 [1.18] million and in which a
20-2 municipality with a population of more than one million is
20-3 primarily located, or in a county contiguous to a county having
20-4 those characteristics [with a population of more than 1.18
20-5 million].
20-6 SECTION 39. Sections 711.008(d) and (k), Health and Safety
20-7 Code, are amended to read as follows:
20-8 (d) Subsection (a) does not apply to a cemetery established
20-9 and operating before September 1, 1995, in a county with a
20-10 population of more than 250,000 [217,250] and less than 251,000
20-11 [217,450] that borders the Gulf of Mexico.
20-12 (k) This subsection applies only to a municipality with a
20-13 population of 110,000 [100,000] or more that is located in a county
20-14 with a population of less than 127,000 [120,000]. Not later than
20-15 September 1, 1994, a person may file a written application with the
20-16 governing body of the municipality to establish or use a cemetery
20-17 located inside the boundaries of the municipality. The
20-18 municipality by ordinance shall prescribe the information to be
20-19 included in the application. The governing body by ordinance may
20-20 authorize the establishment or use of a cemetery located inside the
20-21 boundaries of the municipality if the municipality determines and
20-22 states in the ordinance that the establishment or use of the
20-23 cemetery does not adversely affect public health, safety, and
20-24 welfare.
20-25 SECTION 40. Section 713.008, Health and Safety Code, is
20-26 amended to read as follows:
20-27 Sec. 713.008. TERMINATION OF MUNICIPAL TRUST BY CERTAIN
21-1 MUNICIPALITIES. The governing body of a municipality in a county
21-2 with a population of at least 128,000 [122,000] but not more than
21-3 133,000 [128,000] may abolish the municipality's perpetual trust
21-4 fund for a cemetery and use the fund, including both principal and
21-5 interest, for permanent improvements to the cemetery.
21-6 SECTION 41. Section 772.104, Health and Safety Code, is
21-7 amended to read as follows:
21-8 Sec. 772.104. APPLICATION OF SUBCHAPTER. This subchapter
21-9 applies to a county with a population of more than 3.3 [two]
21-10 million and the adjacent territory described by Section 772.105 in
21-11 which a district was created under Chapter 97, Acts of the 68th
21-12 Legislature, Regular Session, 1983, before January 1, 1988.
21-13 SECTION 42. Section 101.028(a), Human Resources Code, is
21-14 amended to read as follows:
21-15 (a) This section applies only to counties having a
21-16 population of not less than 23,750 [25,650] and not more than
21-17 24,000 [25,900] and to cities and towns within those counties.
21-18 SECTION 43. Section 43.034, Local Government Code, is amended
21-19 to read as follows:
21-20 Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
21-21 AREA; CERTAIN MUNICIPALITIES. A general-law municipality may annex
21-22 adjacent territory without the consent of any of the residents or
21-23 voters of the area and without the consent of any of the owners of
21-24 land in the area if:
21-25 (1) the municipality has a population of 1,000-1,300
21-26 [700-1,000], part of whose boundary is part of the shoreline of a
21-27 lake whose normal surface area is 75,000 acres or greater and which
22-1 is located completely within the State of Texas;
22-2 (2) the procedural rules prescribed by this chapter
22-3 are met;
22-4 (3) the service plan requires that police and fire
22-5 protection at a level consistent with protection provided within
22-6 the municipality must be provided to the area within 10 days after
22-7 the effective date of the annexation; and
22-8 (4) the municipality and the affected landowners have
22-9 not entered an agreement to not annex the area for a certain
22-10 period.
22-11 SECTION 44. Section 43.0751(n), Local Government Code, is
22-12 amended to read as follows:
22-13 (n) This subsection applies only to a municipality any
22-14 portion of which is located in a county that has a population of
22-15 more than 250,000 [200,000] and that borders the Gulf of Mexico and
22-16 is adjacent to a county with a population of more than 3.3 [2.8]
22-17 million. A municipality may impose within the boundaries of a
22-18 district a municipal sales and use tax authorized by Chapter 321,
22-19 Tax Code, or a municipal hotel occupancy tax authorized by Chapter
22-20 351, Tax Code, that is imposed in the municipality if:
22-21 (1) the municipality has annexed the district for
22-22 limited purposes under this section; or
22-23 (2) following two public hearings on the matter, the
22-24 municipality and the district enter a written agreement providing
22-25 for the imposition of the tax or taxes.
22-26 SECTION 45. Section 43.105, Local Government Code, is amended
22-27 by amending the section heading to read as follows:
23-1 Sec. 43.105. ANNEXATION OF STREETS BY CERTAIN SMALL
23-2 GENERAL-LAW MUNICIPALITIES [MUNICIPALITY WITH POPULATION OF 984-986
23-3 OR 4,540-4,545].
23-4 SECTION 46. Section 43.105(a), Local Government Code, is
23-5 amended to read as follows:
23-6 (a) A general-law municipality that has [with] a population
23-7 of 1096-1100 [984-986] and is located in a county with a population
23-8 of 85,000 or more, or that has a population of 5,240-5,280
23-9 [4,540-4,545] may annex, by ordinance and without the consent of
23-10 any person, a public street, highway, road, or alley adjacent to
23-11 the municipality.
23-12 SECTION 47. Section 84.005, Local Government Code, is amended
23-13 by amending the section heading to read as follows:
23-14 Sec. 84.005. PROCEDURE FOR APPOINTMENT AND TERM IN POPULOUS
23-15 COUNTY [WITH POPULATION OF TWO MILLION OR MORE].
23-16 SECTION 48. Section 84.005(a), Local Government Code, is
23-17 amended to read as follows:
23-18 (a) In a county with a population of 3.3 [two] million or
23-19 more, the district judges shall hold a meeting for the purpose of
23-20 appointing a county auditor. For a county auditor to be appointed,
23-21 a majority of the district judges must be present at the meeting
23-22 and a candidate for the office must receive at least a two-thirds
23-23 vote of the district judges who are present and voting at the
23-24 meeting. Each judge may nominate any number of candidates for the
23-25 office.
23-26 SECTION 49. Section 112.010(c), Local Government Code, is
23-27 amended to read as follows:
24-1 (c) At a regular meeting, the commissioners court of a
24-2 county with a population of 3.3 [2.2] million or more may by order
24-3 adopt as the county fiscal year a one-year period that begins on
24-4 October 1 or March 1 of each year. In the order, the commissioners
24-5 court may provide for the transition from one fiscal year to
24-6 another by designating an interim fiscal year that may be longer or
24-7 shorter than a 12-month period.
24-8 SECTION 50. Section 113.023(c), Local Government Code, is
24-9 amended to read as follows:
24-10 (c) In a county with more than 2.2 [1.2] million
24-11 inhabitants, the county clerk is relieved of all duties under
24-12 Subsections (a) and (b). In any other county that has the office
24-13 of county auditor, the commissioners court by order may relieve the
24-14 county clerk of all duties under Subsections (a) and (b). If the
24-15 county clerk is relieved of duties, the county treasurer shall
24-16 receive all deposits that are made in the county treasury. The
24-17 county treasurer shall prepare a receipt in triplicate for all
24-18 money received. The treasurer shall keep one copy of the receipt
24-19 and shall transmit the original to the county auditor and the other
24-20 copy to the depositor. The county auditor shall prescribe a system,
24-21 not inconsistent with this subsection, to be used by the county
24-22 treasurer for receiving and depositing money.
24-23 SECTION 51. Section 115.044, Local Government Code, is
24-24 amended by amending the section heading to read as follows:
24-25 Sec. 115.044. BIENNIAL INDEPENDENT AUDIT IN CERTAIN COUNTIES
24-26 [WITH POPULATION OF 191,500 TO 200,000].
24-27 SECTION 52. Section 115.044(a), Local Government Code, is
25-1 amended to read as follows:
25-2 (a) A county with a population of 239,000 [191,500] to
25-3 242,000 [200,000] shall conduct a biennial independent audit of all
25-4 books, records, and accounts of each district, county, and precinct
25-5 officer, agent, or employee, including those of the regular county
25-6 auditor, and of all governmental units of the county hospitals,
25-7 farms, and other institutions. The audit must cover all matters
25-8 relating to the fiscal affairs of the county. The audit shall be
25-9 conducted in each even-numbered year and must be completed before
25-10 December 31 of the year.
25-11 SECTION 53. The section heading to Section 118.133, Local
25-12 Government Code, is amended to read as follows:
25-13 Sec. 118.133. SHERIFF'S RESPONSE TO FALSE ALARM IN POPULOUS
25-14 COUNTY [WITH POPULATION OF MORE THAN 2.2 MILLION].
25-15 SECTION 54. Section 118.133(a), Local Government Code, is
25-16 amended to read as follows:
25-17 (a) The commissioners court of a county with a population of
25-18 more than 3.3 [2.2] million by order may adopt a system by which
25-19 the county charges a fee if the sheriff's office of the county
25-20 responds to a security alarm and the emergency for which the alarm
25-21 device was designed to give notice does not exist.
25-22 SECTION 55. The section heading to Section 130.905, Local
25-23 Government Code, is amended to read as follows:
25-24 Sec. 130.905. PETTY CASH FUND FOR COUNTY WELFARE DEPARTMENT
25-25 IN POPULOUS COUNTY [WITH POPULATION OF 800,000 OR MORE].
25-26 SECTION 56. Section 130.905(a), Local Government Code, is
25-27 amended to read as follows:
26-1 (a) The commissioners court of a county with a population of
26-2 1.3 million [800,000] or more, for the support of paupers through a
26-3 county welfare department, may authorize the disbursement of an
26-4 amount not to exceed $2,500 to the head of the county welfare
26-5 department for use as a petty cash fund in order that cash is
26-6 immediately available for transportation and other expenses of the
26-7 paupers. The petty cash fund must be established under a system
26-8 provided and installed by the county auditor with reports to be
26-9 made to the auditor, as the auditor may require, by the head of the
26-10 county welfare department.
26-11 SECTION 57. Section 130.909, Local Government Code, is
26-12 amended by amending the section heading to read as follows:
26-13 Sec. 130.909. PETTY CASH FUNDS IN POPULOUS COUNTY [WITH
26-14 POPULATION OF MORE THAN 2,000,000].
26-15 SECTION 58. Section 130.909(a), Local Government Code, is
26-16 amended to read as follows:
26-17 (a) The commissioners court of a county with a population of
26-18 3.3 million [2,000,000] or more may set aside from the general fund
26-19 of the county an amount approved by the county auditor for the
26-20 establishment of a petty cash fund for any county or district
26-21 official or department head approved by the commissioners court.
26-22 The petty cash fund must be established under a system provided and
26-23 installed by the county auditor and the county purchasing agent
26-24 with reports to be made to the auditor and the purchasing agent as
26-25 the auditor and/or purchasing agent require.
26-26 SECTION 59. Section 141.005, Local Government Code, is
26-27 amended by amending the section heading to read as follows:
27-1 Sec. 141.005. ELECTED OFFICERS IN POPULOUS MUNICIPALITIES
27-2 [WITH POPULATION OF 1.2 MILLION OR MORE].
27-3 SECTION 60. Section 141.005(a), Local Government Code, is
27-4 amended to read as follows:
27-5 (a) In a municipality with a population of 1.9 [1.2] million
27-6 or more, the governing body may set the amount of salary and
27-7 expenses to be paid to elected officers by ordinance adopted in
27-8 accordance with this section.
27-9 SECTION 61. Section 143.114(b), Local Government Code, is
27-10 amended to read as follows:
27-11 (b) In a municipality with a population of 1.5 [1.2] million
27-12 or more, the municipality's governing body may authorize assignment
27-13 pay for:
27-14 (1) helicopter personnel;
27-15 (2) bomb squad personnel;
27-16 (3) special weapons and tactics personnel;
27-17 (4) motorcycle personnel;
27-18 (5) dive team personnel; and
27-19 (6) police officers who perform specialized functions
27-20 in their respective departments, including but not limited to
27-21 career patrol officers.
27-22 SECTION 62. Section 143.115, Local Government Code, is
27-23 amended by amending the section heading to read as follows:
27-24 Sec. 143.115. PAYMENT OF ACCUMULATED VACATION LEAVE IN
27-25 POPULOUS MUNICIPALITY [WITH POPULATION OF 650,000 OR MORE].
27-26 SECTION 63. Section 143.115(a), Local Government Code, is
27-27 amended to read as follows:
28-1 (a) This section applies only to a municipality with a
28-2 population of 1.1 million [650,000] or more.
28-3 SECTION 64. Section 143.125, Local Government Code, is
28-4 amended by amending the section heading to read as follows:
28-5 Sec. 143.125. POLICE DEPARTMENT PROBATIONARY PERIOD AFTER
28-6 REAPPOINTMENT IN POPULOUS MUNICIPALITY [WITH POPULATION OF 1.2
28-7 MILLION OR MORE].
28-8 SECTION 65. Section 143.125(a), Local Government Code, is
28-9 amended to read as follows:
28-10 (a) This section applies only to a municipality with a
28-11 population of 1.5 [1.2] million or more.
28-12 SECTION 66. Section 152.035(b), Local Government Code, is
28-13 amended to read as follows:
28-14 (b) The commissioners court of a county with a population of
28-15 3.3 [two] million or more may reimburse an assistant of a county
28-16 auditor for the assistant's expenses that are the same kind as
28-17 those for which the county auditor may be reimbursed under
28-18 Subsection (a).
28-19 SECTION 67. Section 152.904(c), Local Government Code, is
28-20 amended to read as follows:
28-21 (c) The commissioners court of a county with a population of
28-22 250,000 [200,000] to 251,000 [220,000] shall set the annual salary
28-23 of the county judge at an amount equal to or greater than 90
28-24 percent of the salary, including supplements, of any district judge
28-25 in Galveston County. However, the salary may not be set at an
28-26 amount less than the salary paid the county judge on May 2, 1962.
28-27 SECTION 68. Section 157.042(a), Local Government Code, is
29-1 amended to read as follows:
29-2 (a) A county that has [with] a population of more than 1.3
29-3 million and in which a municipality with a population of more than
29-4 one million is primarily located [1,185,000] shall insure its
29-5 sheriff, constables, and full-time deputies of those officers
29-6 against liability to third persons arising from the operation or
29-7 maintenance of:
29-8 (1) county-owned or county-leased motor vehicles; and
29-9 (2) privately owned motor vehicles to the extent used
29-10 for the performance of county business or law enforcement duties.
29-11 SECTION 69. Section 157.904(a), Local Government Code, is
29-12 amended to read as follows:
29-13 (a) This section applies only to a sheriff's department in a
29-14 county with a population of 3.3 million [2,000,000] or more.
29-15 SECTION 70. Section 158.007(a), Local Government Code, is
29-16 amended to read as follows:
29-17 (a) In a county that has a population of more than 1.3
29-18 million [800,000] and a civil service system created under this
29-19 subchapter, the qualified voters of the county, voting at an
29-20 election called for that purpose, may determine whether the system
29-21 will be dissolved or expanded to cover the employees, except
29-22 licensed attorneys, of the office of district or criminal district
29-23 attorney, the adult and juvenile probation officers and their
29-24 assistants, personnel in the county auditor's office including all
29-25 assistant county auditors, and all other employees of the county
29-26 not included in the coverage of the system and not specifically
29-27 exempted by Section 158.013 or Subchapter B.
30-1 SECTION 71. Sections 158.038(b) and (c), Local Government
30-2 Code, are amended to read as follows:
30-3 (b) The sheriff of a county with a population of 3.3 million
30-4 [2,000,000] or less may designate as exempt from the civil service
30-5 system:
30-6 (1) the position of chief deputy;
30-7 (2) four positions of major deputy;
30-8 (3) one or more positions in the office of
30-9 departmental legal counsel; and
30-10 (4) additional positions in the department; provided,
30-11 however, that the sheriff may not designate as exempt a total of
30-12 more than 10 positions.
30-13 (c) The sheriff of a county with a population of more than
30-14 3.3 million [2,000,000] may designate as exempt from the civil
30-15 service system:
30-16 (1) the position of chief deputy;
30-17 (2) one or more positions in the office of
30-18 departmental legal counsel; and
30-19 (3) additional positions in the department, not to
30-20 exceed 25 in number, that have been determined by the civil service
30-21 commission to be administrative or supervisory positions; provided,
30-22 however, that the sheriff may not designate as exempt any position
30-23 in the deputy classifications of captain or below. The designation
30-24 of any such additional exempt position by the sheriff shall not
30-25 diminish the number of positions within the deputy classifications
30-26 of captain or below.
30-27 SECTION 72. Section 180.003(a), Local Government Code, is
31-1 amended to read as follows:
31-2 (a) In a county with a population of 239,000 [191,500] to
31-3 242,000 [200,000], a sheriff, deputy, constable, or other peace
31-4 officer of the county or a municipality located in the county may
31-5 not be required to be on duty more than 48 hours a week unless the
31-6 peace officer is called on by a superior officer to serve during an
31-7 emergency as determined by the superior officer.
31-8 SECTION 73. Section 211.014(a), Local Government Code, is
31-9 amended to read as follows:
31-10 (a) This section applies only to a municipality with a
31-11 population of 1.18 million [1,000,000] or more.
31-12 SECTION 74. Section 230.011, Local Government Code, is
31-13 amended to read as follows:
31-14 Sec. 230.011. MUNICIPALITY COVERED BY SUBCHAPTER. This
31-15 subchapter applies only to a municipality with a population of more
31-16 than 1.18 [one] million.
31-17 SECTION 75. The section heading to Section 232.006, Local
31-18 Government Code, is amended to read as follows:
31-19 Sec. 232.006. EXCEPTIONS FOR POPULOUS COUNTIES [WITH
31-20 POPULATION OF MORE THAN 2.2 MILLION] OR CONTIGUOUS COUNTIES.
31-21 SECTION 76. Section 232.006(a), Local Government Code, is
31-22 amended to read as follows:
31-23 (a) This section applies to a county:
31-24 (1) that has a population of more than 3.3 [2.2]
31-25 million or is contiguous with a county that has a population of
31-26 more than 3.3 [2.2] million; and
31-27 (2) in which the commissioners court by order elects
32-1 to operate under this section.
32-2 SECTION 77. The section heading to Section 242.002, Local
32-3 Government Code, is amended to read as follows:
32-4 Sec. 242.002. REGULATION OF SUBDIVISIONS IN POPULOUS
32-5 COUNTIES [WITH POPULATION OF MORE THAN 2.2 MILLION] OR CONTIGUOUS
32-6 COUNTIES.
32-7 SECTION 78. Section 262.025(d), Local Government Code, is
32-8 amended to read as follows:
32-9 (d) In a county with a population of 3.3 [2.2] million or
32-10 more, the county and any district or authority created under
32-11 Article XVI, Section 59, of the Texas Constitution of which the
32-12 governing body is the commissioners court may require that a
32-13 minimum of 25 percent of the work be performed by the bidder and,
32-14 notwithstanding any other law to the contrary, may establish
32-15 financial criteria for the surety companies that provide payment
32-16 and performance bonds.
32-17 SECTION 79. Section 263.101, Local Government Code, is
32-18 amended to read as follows:
32-19 Sec. 263.101. APPLICATION OF SUBCHAPTER TO POPULOUS COUNTIES
32-20 [WITH MORE THAN 700,000 POPULATION]. This subchapter applies only
32-21 to a county with a population of more than 1.3 million [700,000].
32-22 SECTION 80. Section 270.005, Local Government Code, is
32-23 amended by amending the section heading to read as follows:
32-24 Sec. 270.005. CONTRACTS WITH FEDERAL GOVERNMENT FOR
32-25 CONSTRUCTION IN POPULOUS COUNTY [WITH POPULATION OF 230,000 TO
32-26 250,000].
32-27 SECTION 81. Section 270.005(a), Local Government Code, is
33-1 amended to read as follows:
33-2 (a) The commissioners court of a county with a population of
33-3 251,000 [230,000] to 280,000 [250,000] may contract with the United
33-4 States government or a federal agency for:
33-5 (1) the joint construction or improvement of roads,
33-6 bridges, or other county improvements; or
33-7 (2) the maintenance of a project constructed under
33-8 this section.
33-9 SECTION 82. Section 271.025(e), Local Government Code, is
33-10 amended to read as follows:
33-11 (e) In a county with a population of 3.3 [2.2] million or
33-12 more, the county and any district or authority created under
33-13 Article XVI, Section 59, of the Texas Constitution of which the
33-14 governing body is the commissioners court may require that a
33-15 minimum of 25 percent of the work be performed by the bidder and,
33-16 notwithstanding any other law to the contrary, may establish
33-17 financial criteria for the surety companies that provide payment
33-18 and performance bonds.
33-19 SECTION 83. Section 271.055(e), Local Government Code, is
33-20 amended to read as follows:
33-21 (e) In a county with a population of 3.3 [2.2] million or
33-22 more, the county and any district or authority created under
33-23 Article XVI, Section 59, of the Texas Constitution of which the
33-24 governing body is the commissioners court may require that a
33-25 minimum of 25 percent of the work be performed by the bidder and,
33-26 notwithstanding any other law to the contrary, may establish
33-27 financial criteria for the surety companies that provide payment
34-1 and performance bonds.
34-2 SECTION 84. Section 292.001(d), Local Government Code, is
34-3 amended to read as follows:
34-4 (d) A justice of the peace court may not be housed or
34-5 conducted in a building located outside the court's precinct except
34-6 as provided by Section 27.051(f), Government Code, or unless the
34-7 justice of the peace court is situated in the county courthouse in
34-8 a county with a population of at least 242,000 [220,000] persons
34-9 but no more than 248,000 [230,000] persons.
34-10 SECTION 85. Section 292.023, Local Government Code, is
34-11 amended by amending the section heading to read as follows:
34-12 Sec. 292.023. FACILITIES IN CERTAIN COUNTIES [WITH
34-13 POPULATIONS OF 31,000 TO 31,200 AND 64,250 TO 64,500].
34-14 SECTION 86. Section 292.023(a), Local Government Code, is
34-15 amended to read as follows:
34-16 (a) This section applies only to a county with a population
34-17 of:
34-18 (1) 35,500 [31,000] to 36,000 [31,200]; or
34-19 (2) 76,500 [64,250] to 77,000 [64,500].
34-20 SECTION 87. Section 292.025, Local Government Code, is
34-21 amended by amending the section heading to read as follows:
34-22 Sec. 292.025. FACILITIES IN CERTAIN COUNTIES [WITH
34-23 POPULATIONS OF 26,500 TO 27,200].
34-24 SECTION 88. Section 292.025(a), Local Government Code, is
34-25 amended to read as follows:
34-26 (a) This section applies only to a county with a population
34-27 of 32,250 [26,500] to 32,350 [27,200].
35-1 SECTION 89. Section 292.027, Local Government Code, is
35-2 amended by amending the section heading to read as follows:
35-3 Sec. 292.027. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN
35-4 COUNTIES [WITH POPULATIONS OF 45,000 TO 50,000].
35-5 SECTION 90. Section 292.027(a), Local Government Code, is
35-6 amended to read as follows:
35-7 (a) This section applies only to a county with a population
35-8 of 54,000 [45,000] to 57,000 [50,000].
35-9 SECTION 91. Section 292.029, Local Government Code, is
35-10 amended by amending the section heading to read as follows:
35-11 Sec. 292.029. COURT FACILITIES IN POPULOUS COUNTIES [WITH
35-12 POPULATIONS OVER 1.2 MILLION].
35-13 SECTION 92. Section 292.029(a), Local Government Code, is
35-14 amended to read as follows:
35-15 (a) This section applies only to a county with a population
35-16 of 2.2 [1.2] million or more.
35-17 SECTION 93. Section 316.021, Local Government Code, is
35-18 amended by amending the section heading to read as follows:
35-19 Sec. 316.021. MUSEUMS AND HISTORIC SITES IN POPULOUS[:]
35-20 COUNTIES [WITH POPULATION OF 1,200,000 OR MORE].
35-21 SECTION 94. Section 316.021(a), Local Government Code, is
35-22 amended to read as follows:
35-23 (a) The commissioners court of a county with a population of
35-24 2.2 million [1,200,000] or more may charge and collect a fee from
35-25 the general public for admission to a county-operated museum,
35-26 historical site, historical building, or other similar building or
35-27 site.
36-1 SECTION 95. Section 316.022(a), Local Government Code, is
36-2 amended to read as follows:
36-3 (a) The commissioners court of a county with a population of
36-4 2.2 million [1,200,000] or more may enter into a contract with a
36-5 nonprofit organization authorizing the nonprofit organization to:
36-6 (1) manage and operate a museum, historical site,
36-7 historical building, or similar building or site in the county; and
36-8 (2) charge and collect a fee from the general public
36-9 for admission to the museum, historical site, historical building,
36-10 or similar building or site if the nonprofit organization is not
36-11 obligated to the county for capital improvements to the museum,
36-12 historical site, historical building, or similar building or site.
36-13 SECTION 96. Section 318.021, Local Government Code, is
36-14 amended to read as follows:
36-15 Sec. 318.021. APPROPRIATIONS TO HISTORICAL FOUNDATIONS:
36-16 CERTAIN COUNTIES [WITH POPULATION OF 191,500 TO 600,000]. The
36-17 commissioners court of a county with a population of 239,000
36-18 [191,500] to 825,000 [600,000] may appropriate money from the
36-19 general fund of the county to a historical foundation or
36-20 organization in the county for the purpose of purchasing,
36-21 constructing, restoring, preserving, maintaining, or reconstructing
36-22 historical landmarks, buildings, and furnishings that are of
36-23 historical significance to the county. The foundation or
36-24 organization must be incorporated under the law of this state as a
36-25 nonprofit corporation.
36-26 SECTION 97. Section 322.001, Local Government Code, is
36-27 amended to read as follows:
37-1 Sec. 322.001. ELIGIBLE COUNTIES. Two adjacent counties that
37-2 each have a population of one million [350,000] or more may create
37-3 a joint park board in accordance with this chapter for the purpose
37-4 of providing one or more public parks for the two counties.
37-5 SECTION 98. Section 334.002, Local Government Code, is
37-6 amended to read as follows:
37-7 Sec. 334.002. APPLICATION TO CERTAIN MUNICIPALITIES AND
37-8 COUNTIES. This chapter applies to a municipality with a population
37-9 of more than 1.9 [1.2] million and to a county with a population of
37-10 more than 3.3 [2.2] million only if the municipality and county
37-11 create a sports and community venue district under Chapter 335 and
37-12 only to the extent the use of this chapter by the district is
37-13 necessary or convenient for the creation or operation of the
37-14 district to the fullest extent authorized by Chapter 335.
37-15 SECTION 99. Section 335.054(a), Local Government Code, is
37-16 amended to read as follows:
37-17 (a) If the comptroller determines under Section 335.052 or
37-18 335.053 that implementation of the resolution will not have a
37-19 significant negative fiscal impact on state revenue, and, if
37-20 applicable, the rapid transit authority determines under Section
37-21 335.0535 or 335.0536 that the implementation will not have a
37-22 significant impact on the authority's ability to provide service
37-23 and will not impair any existing contracts, the board may order an
37-24 election or elections on the question of approving and implementing
37-25 the resolution. In a district created by a county with a
37-26 population of more than 3.3 [2.2] million and a municipality with a
37-27 population of more than 1.9 [1.2] million, the board may order one
38-1 district-wide election or may order a separate election in each
38-2 political subdivision that created the district. The election or
38-3 elections shall be held on the same day.
38-4 SECTION 100. Section 335.073(a), Local Government Code, is
38-5 amended to read as follows:
38-6 (a) A district in which an approved venue project is located
38-7 may issue bonds, including revenue bonds and refunding bonds, or
38-8 other obligations to pay the costs of the approved venue project.
38-9 For a district created by a county with a population of more than
38-10 3.3 [2.2] million and a municipality with a population of more than
38-11 1.9 [1.2] million, the power of the district to issue bonds or
38-12 other obligations is subject to the prior approval by the governing
38-13 bodies of the county and municipality.
38-14 SECTION 101. Section 341.904(b), Local Government Code, is
38-15 amended to read as follows:
38-16 (b) In a municipality with a population of 1.18 [one]
38-17 million or more, a person commits an offense if the person
38-18 intentionally or knowingly:
38-19 (1) uses, possesses, or wears:
38-20 (A) a police identification item of the
38-21 municipal police department;
38-22 (B) an item bearing the insignia or design
38-23 prescribed by the police chief of the municipality for officers and
38-24 employees of the municipal police department to use while engaged
38-25 in official activities; or
38-26 (C) within the municipal police department's
38-27 jurisdiction, an item that is deceptively similar to a police
39-1 identification item of the department;
39-2 (2) uses, within the municipal police department's
39-3 jurisdiction, the name of the department in connection with an
39-4 object to create the appearance that the object belongs to or is
39-5 used by the department; or
39-6 (3) uses, possesses, or operates, within the municipal
39-7 police department's jurisdiction, a marked patrol vehicle that is
39-8 deceptively similar to a department patrol vehicle.
39-9 SECTION 102. Section 351.081, Local Government Code, is
39-10 amended to read as follows:
39-11 Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The
39-12 commissioners court of a county with a population of more than 3.3
39-13 [2.2] million or a county that borders the Gulf of Mexico may
39-14 establish a department of county park rangers.
39-15 SECTION 103. Section 361.042, Local Government Code, is
39-16 amended by amending the section heading to read as follows:
39-17 Sec. 361.042. MUNICIPAL-COUNTY JAIL FACILITIES IN CERTAIN
39-18 COUNTIES [COUNTY WITH POPULATION OF 98,000 TO 100,000].
39-19 SECTION 104. Section 361.042(a), Local Government Code, is
39-20 amended to read as follows:
39-21 (a) Instead of providing and maintaining its own jail, the
39-22 commissioners court of a county with a population of 102,000
39-23 [98,000] to 104,300 [100,000] may provide safe and suitable jail
39-24 facilities for the county by contracting for the facilities with
39-25 the governing body of the municipality that is the county seat of
39-26 the county.
39-27 SECTION 105. Section 374.902(b), Local Government Code, is
40-1 amended to read as follows:
40-2 (b) A county with a population of more than 1.3 million
40-3 [700,000] may exercise the powers provided for municipalities under
40-4 this chapter with respect to areas of the county that are not
40-5 within the corporate boundaries of a municipality. The county may
40-6 not exercise those powers until the commissioners court of the
40-7 county adopts a resolution in the manner provided by Section
40-8 374.011 for adoption of a resolution by a municipality. The
40-9 resolution must be approved at an election held in the county in
40-10 the manner provided for a municipal election under Section 374.011.
40-11 The adoption of the resolution is not approved unless a majority of
40-12 the voters who vote on the question in the entire county as well as
40-13 in each municipality in the county approve the adoption of the
40-14 resolution. In a municipality that is only partially located in the
40-15 affected county, only voters who reside in the county may vote.
40-16 SECTION 106. Section 381.001(c), Local Government Code, is
40-17 amended to read as follows:
40-18 (c) In a county with a population of 13,000 [14,320] to
40-19 13,040 [14,340], or 15,900 [15,500] to 16,100 [15,600], or 18,570
40-20 [17,710] to 18,600 [17,800], or 24,000 [22,900] to 25,000 [23,000],
40-21 a person appointed to the commission also must be serving or must
40-22 have served on an industrial foundation committee, commissioners
40-23 court, municipality's governing body, or school board. In
40-24 addition, in those counties information obtained by the commission
40-25 shall be available to the commissioners court.
40-26 SECTION 107. Section 395.079(a), Local Government Code, is
40-27 amended to read as follows:
41-1 (a) Any county that has a population of 3.3 [2.2] million or
41-2 more or that borders a county with a population of 3.3 [2.2]
41-3 million or more, and any district or authority created under
41-4 Article XVI, Section 59, of the Texas Constitution within any such
41-5 county that is authorized to provide storm water, drainage, and
41-6 flood control facilities, is authorized to impose impact fees to
41-7 provide storm water, drainage, and flood control improvements
41-8 necessary to accommodate new development.
41-9 SECTION 108. Section 402.044(1), Local Government Code, is
41-10 amended to read as follows:
41-11 (1)(A) "Benefitted property" means an improved lot or
41-12 tract to which drainage service is made available under this
41-13 subchapter.
41-14 (B) "Benefitted property," in a municipality
41-15 with a population of more than 1.18 million [1,000,000] which is
41-16 operating a drainage utility system under this chapter, means a lot
41-17 or tract, but does not include land appraised for agricultural use,
41-18 to which drainage service is made available under this subchapter
41-19 and which discharges into a creek, river, slough, culvert, or other
41-20 channel that is part of the municipality's drainage utility system.
41-21 Sections 402.053(c)(2) and (c)(3) do not apply to a municipality
41-22 described in this subdivision.
41-23 SECTION 109. Section 412.012, Local Government Code, is
41-24 amended by amending the section heading to read as follows:
41-25 Sec. 412.012. CONTRACT FOR WATER SUPPLY AND SEWER SYSTEM IN
41-26 POPULOUS COUNTY [WITH MORE THAN 1.18 MILLION RESIDENTS].
41-27 SECTION 110. Section 412.012(a), Local Government Code, is
42-1 amended to read as follows:
42-2 (a) The commissioners court of a county that has [with] a
42-3 population of more than 1.3 [1.18] million and in which a
42-4 municipality with a population of more than one million is
42-5 primarily located may enter a contract with a district created
42-6 under Article III, Sections 52(b)(1) and (2), or Article XVI,
42-7 Section 59, of the Texas Constitution under which the district will
42-8 provide and operate a water supply system or sewage system in areas
42-9 of the county located outside the limits of a municipality.
42-10 SECTION 111. Section 445.002(a), Local Government Code, is
42-11 amended to read as follows:
42-12 (a) This section applies to a county with a population of:
42-13 (1) 14,350 [13,000] to 14,450 [13,100];
42-14 (2) 19,000 [17,250] to 19,200 [17,500];
42-15 (3) 20,100 [17,750] to 20,300 [17,870];
42-16 (4) 47,150 [36,350] to 47,350 [36,400];
42-17 (5) 37,900 [36,500] to 38,500 [37,000];
42-18 (6) 210,000 [185,000] to 220,000 [190,000;]
42-19 [(7) 200,000 to 225,000]; or
42-20 (7) [(8)] 235,000 or more.
42-21 SECTION 112. Section 445.011(b), Local Government Code, is
42-22 amended to read as follows:
42-23 (b) A county with a population of 36,650 [29,000] to 37,650
42-24 [29,500] may authorize the use of county equipment, machinery, and
42-25 employees to construct, establish, and maintain a public airstrip
42-26 in the county.
42-27 SECTION 113. Section 445.024(a), Local Government Code, is
43-1 amended to read as follows:
43-2 (a) The commissioners court of a county in which there is
43-3 located a rapid transit authority operating under Chapter 451,
43-4 Transportation Code, the principal municipality of which has a
43-5 population of more than 1.9 [1.2] million, may adopt an ordinance
43-6 of the principal municipality relating to the conduct of persons:
43-7 (1) on board a transit vehicle;
43-8 (2) awaiting transportation on a transit vehicle at a
43-9 bus stop or other place designated as a place of entry to or exit
43-10 from a transit vehicle;
43-11 (3) in a facility, including a building, storage unit,
43-12 or parking lot of the rapid transit authority; or
43-13 (4) in a transit route or other dedicated traffic lane
43-14 over which a transit vehicle travels and that is specifically
43-15 labeled or numbered for the purpose of picking up or discharging
43-16 passengers at regularly scheduled stops or intervals.
43-17 SECTION 114. Section 221.001(2), Natural Resources Code, is
43-18 amended to read as follows:
43-19 (2) "Eligible political subdivision" means:
43-20 (A) a county with a population of 3.3 million
43-21 [2,100,000] or more or a county adjacent to such a county; or
43-22 (B) a conservation and reclamation district:
43-23 (i) that is established under Section 59,
43-24 Article XVI, Texas Constitution;
43-25 (ii) the boundaries of which are within a
43-26 county that has a population of 3.3 million [2,100,000] or more;
43-27 and
44-1 (iii) that is authorized under other law
44-2 to participate in a program under this chapter.
44-3 SECTION 115. Section 2001.657(f), Occupations Code, is
44-4 amended to read as follows:
44-5 (f) The addition of territory to or detachment of territory
44-6 from a justice precinct does not affect the status under this
44-7 chapter of the added or detached territory, except that in a county
44-8 with a population of more than 3.3 [two] million the added or
44-9 detached territory assumes the status of the justice precinct of
44-10 which it becomes a part. The abolition of a justice precinct does
44-11 not affect the status under this chapter of the territory formerly
44-12 within the justice precinct.
44-13 SECTION 116. Section 62.012(a), Parks and Wildlife Code, is
44-14 amended to read as follows:
44-15 (a) This section applies only to a county having a
44-16 population of 3.3 million [2,000,000] or more. This section does
44-17 not apply to a person hunting or target shooting on a public or
44-18 private shooting range.
44-19 SECTION 117. Section 21.042(e), Property Code, is amended to
44-20 read as follows:
44-21 (e) If a portion of a tract or parcel of real property is
44-22 condemned for the use, construction, operation, or maintenance of
44-23 the state highway system or of a county toll project described by
44-24 Chapter 284, Transportation Code, that is eligible for designation
44-25 as part of the state highway system, or for the use, construction,
44-26 development, operation, or maintenance of an improvement or project
44-27 by a metropolitan rapid transit authority created before January 1,
45-1 1980, with a principal municipality having a population of less
45-2 than 1.9 million [1,200,000] and established under Chapter 451,
45-3 Transportation Code, the special commissioners shall determine the
45-4 damage to the property owner regardless of whether the property
45-5 owner makes a claim for damages to the remaining property. In
45-6 awarding compensation or assessing the damages, the special
45-7 commissioners shall consider any special and direct benefits that
45-8 arise from the highway improvement or the transit authority
45-9 improvement or project that are peculiar to the property owner and
45-10 that relate to the property owner's ownership, use, or enjoyment of
45-11 the particular parcel of remaining real property.
45-12 SECTION 118. Section 33.05(c), Tax Code, is amended to read
45-13 as follows:
45-14 (c) If there is no pending litigation concerning the
45-15 delinquent tax at the time of the cancellation and removal, the
45-16 collector for a taxing unit shall cancel and remove from the
45-17 delinquent tax roll:
45-18 (1) a tax on real property that has been delinquent
45-19 for more than 20 years;
45-20 (2) a tax on personal property that has been
45-21 delinquent for more than 10 years; and
45-22 (3) a tax on real property that has been delinquent
45-23 for more than 10 years if the property has been owned for at least
45-24 the preceding eight years by a home-rule municipality in a county
45-25 with a population of more than 3.3 [two] million.
45-26 SECTION 119. Section 311.011(f), Tax Code, is amended to read
45-27 as follows:
46-1 (f) In a zone designated under Section 311.005(a)(5) that is
46-2 located in a county with a population of 3.3 [2.1] million or more,
46-3 the project plan must provide that at least one-third of the tax
46-4 increment of the zone be used to provide affordable housing during
46-5 the term of the zone.
46-6 SECTION 120. Section 325.021(a), Tax Code, is amended to read
46-7 as follows:
46-8 (a) A county having a population of 48,000 [37,500] or less
46-9 that borders the Rio Grande containing a municipality with a
46-10 population of more than 22,000 [15,000] may adopt or abolish the
46-11 sales and use tax authorized by this chapter at an election held in
46-12 the county.
46-13 SECTION 121. Section 351.001(3), Tax Code, is amended to read
46-14 as follows:
46-15 (3) "Eligible municipality" means a municipality that
46-16 has a population of at least 1.9 million [1,200,000] and that has
46-17 adopted by ordinance a capital improvement plan for convention and
46-18 exposition facilities for the municipality.
46-19 SECTION 122. Section 351.106, Tax Code, is amended by
46-20 amending the section heading to read as follows:
46-21 Sec. 351.106. ALLOCATION OF REVENUE: POPULOUS
46-22 MUNICIPALITIES WITH [POPULATION OF ONE MILLION AND] COUNCIL-MANAGER
46-23 GOVERNMENT.
46-24 SECTION 123. Section 351.106(a), Tax Code, is amended to
46-25 read as follows:
46-26 (a) A municipality that has a population of 1.18 [one]
46-27 million or more and that has adopted a council-manager form of
47-1 government shall use the amount of revenue from the tax that is
47-2 derived from the application of the tax at a rate of more than four
47-3 percent of the cost of a room as follows:
47-4 (1) no more than 55 percent to:
47-5 (A) constructing, improving, enlarging,
47-6 equipping, and repairing the municipality's convention center
47-7 complex; or
47-8 (B) pledging payment of revenue bonds and
47-9 revenue refunding bonds issued under Chapter 1504, Government Code
47-10 [63, Acts of the 59th Legislature, Regular Session, 1965 (Article
47-11 1269j-4.1, Vernon's Texas Civil Statutes)], for the municipality's
47-12 convention center complex; and
47-13 (2) at least 45 percent for the purposes provided by
47-14 Section 351.101(a)(3).
47-15 SECTION 124. Section 352.002(a), Tax Code, as amended by
47-16 Chapters 117, 417, 418, and 469, Acts of the 75th Legislature,
47-17 Regular Session, 1997, is amended to read as follows:
47-18 (a) The commissioners courts of the following counties by
47-19 the adoption of an order or resolution may impose a tax on a person
47-20 who, under a lease, concession, permit, right of access, license,
47-21 contract, or agreement, pays for the use or possession or for the
47-22 right to the use or possession of a room that is in a hotel, costs
47-23 $2 or more each day, and is ordinarily used for sleeping:
47-24 (1) a county that has a population of more than 3.3
47-25 [two] million;
47-26 (2) a county that has a population of 90,000 or more,
47-27 borders the Republic of Mexico, and does not have three or more
48-1 cities that each have a population of more than 17,500;
48-2 (3) a county in which there is no municipality;
48-3 (4) a county in which there is located an Indian
48-4 reservation under the jurisdiction of the United States government;
48-5 (5) a county that has a population of 17,500 or less,
48-6 that has no more than one municipality with a population of less
48-7 than 2,500, and that borders two counties located wholly in the
48-8 Edwards Aquifer Authority established by Chapter 626, Acts of the
48-9 73rd Legislature, Regular Session, 1993;
48-10 (6) a county that borders the Gulf of Mexico;
48-11 (7) a county that has a population of less than 5,000,
48-12 that borders the Republic of Mexico, and in which there is located
48-13 a major observatory;
48-14 (8) a county that has a population of 12,000 [10,000]
48-15 or less and borders the Toledo Bend Reservoir;
48-16 (9) a county that has a population of less than 12,000
48-17 [10,000] and an area of less than 275 square miles;
48-18 (10) a county that has a population of 30,000 or less
48-19 and borders Possum Kingdom Lake;
48-20 (11) a county that borders the Republic of Mexico and
48-21 has a population of more than 300,000 [250,000] and less than
48-22 600,000 [500,000];
48-23 (12) a county that has a population of 35,000 [29,000]
48-24 or more and borders or contains a portion of Lake Fork
48-25 Reservoir;[.]
48-26 (13) [(12)] a county that borders the Republic of
48-27 Mexico and in which there is located a national recreation area;[.]
49-1 (14) [(12)] a county that borders the Republic of
49-2 Mexico and in which there is located a national park of more than
49-3 400,000 acres;[.]
49-4 (15) [(12)] a county that has a population of 28,000
49-5 [25,000] or less, that has no more than four municipalities, and
49-6 that is located wholly in the Edwards Aquifer Authority established
49-7 by Chapter 626, Acts of the 73rd Legislature, Regular Session,
49-8 1993; and
49-9 (16) [(13)] a county that has a population of 25,000
49-10 or less, whose territory is less than 750 square miles, and that
49-11 has two incorporated municipalities, each with a population of 800
49-12 or less, located on the Frio River.
49-13 SECTION 125. Sections 352.003(a) and (b), Tax Code, are
49-14 amended to read as follows:
49-15 (a) Except as provided by this section the tax authorized by
49-16 this chapter may be imposed at any rate not to exceed seven percent
49-17 of the price paid for a room in a hotel or, until January 1, 2001,
49-18 eight percent of the price paid for a room in a hotel in a county
49-19 with a population of more than 3.3 [two] million.
49-20 (b) The county tax rate in a municipality that has a
49-21 population of 1.9 million [1,200,000] or more may not exceed two
49-22 percent of the price paid for a room in a hotel.
49-23 SECTION 126. Section 352.101, Tax Code, is amended by
49-24 amending the section heading to read as follows:
49-25 Sec. 352.101. USE OF REVENUE IN POPULOUS[:] COUNTIES [OF
49-26 MORE THAN TWO MILLION PERSONS].
49-27 SECTION 127. Sections 352.101(a) and (b), Tax Code, are
50-1 amended to read as follows:
50-2 (a) The revenue from a tax imposed under this chapter by a
50-3 county having a population of more than 3.3 [two] million may be
50-4 used only for:
50-5 (1) the acquisition of sites for and the construction,
50-6 improvement, enlarging, equipping, repairing, operation, and
50-7 maintenance of public improvements such as civic centers, civic
50-8 center buildings, auditoriums, exhibition halls, coliseums, and
50-9 stadiums, including sports and other facilities that serve the
50-10 purpose of attracting visitors and tourists to the county, and
50-11 parking areas or facilities for the parking or storage of motor
50-12 vehicles or other conveyances, hotels owned by a municipality or a
50-13 nonprofit municipally sponsored local government corporation
50-14 created under Chapter 431, Transportation Code, within 1,000 feet
50-15 of a convention center owned by a municipality with a population of
50-16 1,500,000 or more, or a historic hotel owned by a municipality or a
50-17 nonprofit municipally sponsored local government corporation
50-18 created under Chapter 431, Transportation Code, within one mile of
50-19 a convention center owned by a municipality with a population of
50-20 1,500,000 or more;
50-21 (2) the furnishing of facilities, personnel, and
50-22 materials for the registration of convention delegates or
50-23 registrants; and
50-24 (3) general promotion and tourist advertising of the
50-25 county and its vicinity and conducting a solicitation program to
50-26 attract conventions and visitors, any of which may be conducted by
50-27 the county or through contracts with persons or organizations
51-1 selected by the county.
51-2 (b) A county having a population of more than 3.3 [two]
51-3 million shall endeavor to coordinate its promotional and
51-4 advertising activities conducted under authority of Subsection
51-5 (a)(3) with the city having the largest population in the county.
51-6 SECTION 128. Section 352.105, Tax Code, is amended to read
51-7 as follows:
51-8 Sec. 352.105. ALLOCATION OF REVENUE: COUNTIES OF MORE THAN
51-9 3.3 [TWO] MILLION. In each county fiscal year, a county with a
51-10 population of more than 3.3 [two] million that levies a tax under
51-11 this chapter must spend for the purposes provided by Section
51-12 352.101(a)(3) an amount that is not less than 15 percent of the
51-13 amount of revenue derived from the application of the tax at a rate
51-14 of one percent.
51-15 SECTION 129. Section 284.201, Transportation Code, is amended
51-16 to read as follows:
51-17 Sec. 284.201. APPLICABILITY OF SUBCHAPTER. This subchapter
51-18 applies only to a county with a population of more than 3.3 [2.2]
51-19 million.
51-20 SECTION 130. Section 285.001, Transportation Code, is
51-21 amended to read as follows:
51-22 Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR.
51-23 To promote the public safety, the commissioners court of a county
51-24 with a population of more than 2.2 [1.4] million by order may
51-25 regulate the following if they occur on a public highway or road in
51-26 the unincorporated area of the county or in the right-of-way of the
51-27 highway or road:
52-1 (1) the sale of items by a vendor of food or
52-2 merchandise;
52-3 (2) the erection, maintenance, or placement of a
52-4 structure by a vendor of food or merchandise; and
52-5 (3) the solicitation of money.
52-6 SECTION 131. Section 311.073(b), Transportation Code, is
52-7 amended to read as follows:
52-8 (b) In a municipality with a population of more than 1.9
52-9 [1.2] million, the number of registered voters who must sign the
52-10 petition may be set at a lower number by the municipal charter.
52-11 SECTION 132. Section 361.281, Transportation Code, is
52-12 amended to read as follows:
52-13 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
52-14 applies only to:
52-15 (1) a county with a population of more than 1.5
52-16 million;
52-17 (2) a local government corporation serving a county
52-18 with a population of more than 1.5 million;
52-19 (3) an adjacent county in a joint turnpike authority
52-20 with a county with a population of more than 1.5 million;
52-21 (4) a municipality with a population of more than
52-22 170,000 [120,000] that is adjacent to the United Mexican States; or
52-23 (5) a regional tollway authority created under Chapter
52-24 366.
52-25 SECTION 133. Section 365.013(b), Transportation Code, is
52-26 amended to read as follows:
52-27 (b) A district may not construct a toll structure within two
53-1 miles of the intersection of the toll road and a federal highway
53-2 unless the toll structure is located in a county with a population
53-3 of more than 3.3 [2.1] million or a county adjacent to a county
53-4 with a population of more than 3.3 [2.1] million.
53-5 SECTION 134. Section 395.051(a), Transportation Code, is
53-6 amended to read as follows:
53-7 (a) This subchapter applies only to a county with a
53-8 population of more than 3.3 [two] million.
53-9 SECTION 135. Section 397.001, Transportation Code, is
53-10 amended to read as follows:
53-11 Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter applies
53-12 only to an automotive wrecking and salvage yard that:
53-13 (1) is in a county with a population of 3.3 [two]
53-14 million or more;
53-15 (2) is not located within a municipality in that
53-16 county; and
53-17 (3) is established on or after September 1, 1983.
53-18 SECTION 136. Section 451.509(a), Transportation Code, is
53-19 amended to read as follows:
53-20 (a) In an authority in which the principal municipality has
53-21 a population of less than 750,000 [500,000] and in which the
53-22 authority's sales and use tax is imposed at a rate of one percent,
53-23 a member of the board may be removed from office for any ground
53-24 described by Section 451.510 by a majority vote of the entity that
53-25 appointed the member.
53-26 SECTION 137. Section 451.519(b), Transportation Code, is
53-27 amended to read as follows:
54-1 (b) Except as provided by Subsection (c), an authority in
54-2 which the principal municipality has a population of more than 1.1
54-3 million [600,000] shall pay a member $50 for each meeting of the
54-4 board attended by the member not exceeding five meetings in a
54-5 calendar month.
54-6 SECTION 138. Sections 452.001(7) and (8), Transportation
54-7 Code, are amended to read as follows:
54-8 (7) "Metropolitan area" means a federal standard
54-9 metropolitan statistical area having a population of more than
54-10 500,000, not more than 60 percent of which resides in
54-11 municipalities having a population of more than 350,000 [300,000].
54-12 (8) "Principal municipality" means a municipality
54-13 having a population of at least 350,000 [300,000].
54-14 SECTION 139. Section 502.173(a), Transportation Code, is
54-15 amended to read as follows:
54-16 (a) The commissioners court of a county that has [with] a
54-17 population greater than 1.3 [1.18] million and in which a
54-18 municipality with a population of more than one million is
54-19 primarily located may impose by order an additional fee of not less
54-20 than 50 cents or more than $1.50 for registering a vehicle in the
54-21 county. The commissioners court of any other [a] county [with a
54-22 population less than 1.18 million] may impose by order an
54-23 additional fee of not more than $1.50 for registering a vehicle in
54-24 the county.
54-25 SECTION 140. Section 502.284(b), Transportation Code, is
54-26 amended to read as follows:
54-27 (b) If an owner of a golf cart resides on real property that
55-1 is owned or under the control of the United States Corps of
55-2 Engineers and is required by that agency to register the owner's
55-3 golf cart under this chapter, the fee for registering the golf cart
55-4 is $10. This subsection applies only to an owner of a golf cart who
55-5 resides in a county that borders another state and has a population
55-6 of more than 110,000 [95,000] but less than 111,000 [100,000].
55-7 SECTION 141. Section 545.306(a), Transportation Code, is
55-8 amended to read as follows:
55-9 (a) The commissioners court of a county with a population of
55-10 3.3 [2.2] million or more shall by ordinance provide for the
55-11 licensing of or the granting of a permit to a person to remove or
55-12 store a vehicle authorized by Section 545.305 to be removed in an
55-13 unincorporated area of the county. The ordinance must include
55-14 rules to ensure the protection of the public and the safe and
55-15 efficient operation of towing and storage services in the county.
55-16 The sheriff shall determine the rules included in the ordinance
55-17 with the review and consent of the commissioners court.
55-18 SECTION 142. Section 685.004(b), Transportation Code, is
55-19 amended to read as follows:
55-20 (b) In a municipality with a population of 1.9 million
55-21 [1,200,000] or more, a hearing under this chapter is before a judge
55-22 of a municipal court in whose jurisdiction is the location from
55-23 which the vehicle was removed.
55-24 SECTION 143. Section 16.323(c), Water Code, is amended to
55-25 read as follows:
55-26 (c) This section applies only to a county that:
55-27 (1) contains two or more municipalities each of which
56-1 has a population of 250,000 or more;
56-2 (2) has a population of 2.8 million or more; or
56-3 (3) has a population of 425,000 [270,000] or more and
56-4 is adjacent to two or more counties each of which has a population
56-5 of 1.4 [one] million or more.
56-6 SECTION 144. Section 53.029(a), Water Code, is amended to
56-7 read as follows:
56-8 (a) This section applies to a district located in a county
56-9 that:
56-10 (1) has [having] a population of 1.3 [1.18] million or
56-11 more and in which a municipality with a population of more than one
56-12 million is primarily located; or
56-13 (2) is adjacent to a county having the characteristics
56-14 described by Subdivision (1) [a population of 1.18 million or more,
56-15 according to the last preceding federal census].
56-16 SECTION 145. Section 54.016(h), Water Code, is amended to
56-17 read as follows:
56-18 (h) A city with a population of 1.18 [1] million or less may
56-19 provide in its written consent for the inclusion of land in a
56-20 district that after annexation the city may set rates for water
56-21 and/or sewer services for property that was within the territorial
56-22 boundary of such district at the time of annexation, which rates
56-23 may vary from those for other properties within the city for the
56-24 purpose of wholly or partially compensating the city for the
56-25 assumption of obligation under this code providing that:
56-26 (1) such written consent contains a contract entered
56-27 into by the city and the persons petitioning for creation of the
57-1 district setting forth the time and/or the conditions of annexation
57-2 by the city which annexation shall not occur prior to the
57-3 installation of 90 percent of the facilities for which district
57-4 bonds were authorized in the written consent; and that
57-5 (2) the contract sets forth the basis on which rates
57-6 are to be charged for water and/or sewer services following
57-7 annexation and the length of time they may vary from those rates
57-8 charged elsewhere in the city; and that
57-9 (3) the contract may set forth the time, conditions,
57-10 or lands to be annexed by the district; and that
57-11 (4)(A) Each purchaser of land within a district which
57-12 has entered into a contract with a city concerning water and/or
57-13 sewer rates as set forth herein shall be furnished by the seller at
57-14 or prior to the final closing of the sale and purchase with a
57-15 separate written notice, executed and acknowledged by the seller,
57-16 which shall contain the following information:
57-17 (i) the basis on which the monthly water
57-18 and/or sewer rate is to be charged under the contract stated as a
57-19 percentage of the water and/or sewer rates of the city;
57-20 (ii) the length of time such rates will be
57-21 in effect;
57-22 (iii) the time and/or conditions of
57-23 annexation by the city implementing such rates.
57-24 The provisions of Sections 49.452(g)-(p) and (s) [50.301(d)
57-25 through Section 50.301(n), as amended, and Section 50.301(p)],
57-26 Water Code, are herein incorporated by reference thereto, and are
57-27 applicable to the separate written notice required by Section
58-1 54.016(h)(4).
58-2 A suit for damages under the provisions of these referenced
58-3 sections must be brought within 90 days after the purchaser
58-4 receives his or her first water and/or sewer service charge
58-5 following annexation, or the purchaser loses his or her right to
58-6 seek damages under this referenced section.
58-7 (B) The governing board of any district covered
58-8 by the provisions of this subsection shall file with the county
58-9 clerk in each of the counties in which all or part of the district
58-10 is located a duly affirmed and acknowledged statement which
58-11 includes the information required in Section 54.016(h)(4)(A) and a
58-12 complete and accurate map or plat showing the boundaries of the
58-13 district.
58-14 The provisions of Sections 49.455(c)-(j)[50.302(c) through
58-15 Section 50.302(j)], Water Code, [as amended,] are herein
58-16 incorporated by reference thereto.
58-17 SECTION 146. Section 57.213(d), Water Code, is amended to
58-18 read as follows:
58-19 (d) A district that taxes on the benefit basis and that is
58-20 located in a county with a population of over 1.3 million [800,000,
58-21 according to the last preceding federal census,] may refund
58-22 outstanding bonds or matured interest coupons on bonds issued by
58-23 the district with new coupon bonds payable not more than 75 years
58-24 from their date.
58-25 SECTION 147. Section 59.001(b), Water Code, is amended to
58-26 read as follows:
58-27 (b) This chapter applies only in counties with a population
59-1 of at least 3.3 [2.2] million[, according to the most recent
59-2 federal census,] or bordering a county with a population of at
59-3 least 3.3 [2.2] million[, according to the most recent federal
59-4 census].
59-5 SECTION 148. Section 65.001(10), Water Code, is amended to
59-6 read as follows:
59-7 (10) "Water supply or sewer service corporation" means
59-8 any member-owned, member-controlled, nonprofit water supply or
59-9 sewer service corporation created and operating under Chapter 67,
59-10 that:
59-11 (A) provides water supply services to
59-12 noncontiguous subdivisions in two or more counties, at least one of
59-13 which counties has a population greater than 3.3 [two] million; or
59-14 (B) is providing the services of a water supply
59-15 or sewer service corporation under a certificate of convenience and
59-16 necessity issued by the commission or a predecessor agency.
59-17 SECTION 149. Section 67.011, Water Code, is amended to read
59-18 as follows:
59-19 Sec. 67.011. POWERS OF CORPORATION IN CERTAIN COUNTIES. In
59-20 a county with a population of less than 3.3 [two] million, a
59-21 corporation may:
59-22 (1) own, hold, lease, or otherwise acquire water
59-23 wells, springs, or other sources of water supply;
59-24 (2) build, operate, and maintain pipelines to
59-25 transport water or wastewater;
59-26 (3) build and operate plants and equipment necessary
59-27 to distribute water or to treat and dispose of wastewater; and
60-1 (4) sell water or provide wastewater services to a
60-2 political subdivision, a private corporation, or an individual.
60-3 SECTION 150. Section 6.02(b), Texas Racing Act (Article 179e,
60-4 Vernon's Texas Civil Statutes), is amended to read as follows:
60-5 (b) A class 1 racetrack is a racetrack on which live racing
60-6 is conducted for a number of days in a calendar year, the number of
60-7 days and the actual dates to be determined by the commission under
60-8 Article 8 of this Act. A class 1 racetrack may operate only in a
60-9 county with a population of not less than 1.3 [750,000, according
60-10 to the most recent federal census], or in a county adjacent to a
60-11 county with such a population. Not more than three class 1
60-12 racetracks may be licensed and operated in this state.
60-13 SECTION 151. Section 6.17(b), Texas Racing Act (Article 179e,
60-14 Vernon's Texas Civil Statutes), is amended to read as follows:
60-15 (b) If the racetrack is a class 1 racetrack, the
60-16 commissioners court of each county with a population of not less
60-17 than 1.3 [750,000] adjacent to the county in which the racetrack is
60-18 located may each collect fees equal to the fees authorized by
60-19 Subsection (a) of this section.
60-20 SECTION 152. Section 16.14, Texas Racing Act (Article 179e,
60-21 Vernon's Texas Civil Statutes), is amended to read as follows:
60-22 Sec. 16.14. CONTEST OF ELECTION; BOND. At any time prior to
60-23 the entry of a final judgment in the proceedings, any party may ask
60-24 the court to dismiss the contestant's action unless the contestant
60-25 posts a bond with sufficient surety, approved by the court, payable
60-26 to the movant for the payment of all damages and costs that may
60-27 accrue by reason of the delay that will be occasioned by the
61-1 continued participation of the contestant in the proceedings in the
61-2 event that the contestant fails to finally prevail and obtain
61-3 substantially the judgment prayed for in the petition. The court
61-4 shall then issue an order directed to the contestant, which order,
61-5 together with a copy of the motion, shall be served on all parties,
61-6 or on their attorney of record, personally or by registered mail,
61-7 requiring the contestant to appear at the time and place, not
61-8 sooner than five nor later than 10 days after receipt of the order
61-9 and motion, as the court may direct, and show cause why the motion
61-10 should not be granted. [The maximum bond that the court may set is
61-11 $10,000 for contests of elections for tracks to be located in a
61-12 county with a population of less than 1.18 million, according to
61-13 the most recent federal census.] The maximum bond that the court
61-14 may set is $100,000 for contests of elections for tracks to be
61-15 located in a county that has [with] a population of 1.3 [1.18]
61-16 million or more and in which a municipality with a population of
61-17 more than one million is primarily located [, according to the most
61-18 recent federal census]. The maximum bond that the court may set is
61-19 $10,000 for contests of elections for tracks to be located in any
61-20 other county. Motions with respect to more than one contestant may
61-21 be heard together if so directed by the court. Unless at the
61-22 hearing on the motion the contestant establishes facts that in the
61-23 judgment of the court would entitle the contestant to a temporary
61-24 injunction against the issuance of licenses on the basis of the
61-25 election in question, the court shall grant the motion of the
61-26 movant and in its order the court shall fix the amount of the bond
61-27 to be posted by the contestant in an amount found by the court to
62-1 be sufficient to cover all damages and costs that may accrue by
62-2 reason of the delay that will be occasioned by the continued
62-3 participation of the contestant in the proceedings in the event
62-4 that the contestant fails to prevail and obtain substantially the
62-5 judgment prayed for in its petition.
62-6 SECTION 153. Section 1, Chapter 511, Acts of the 58th
62-7 Legislature, Regular Session, 1963 (Article 2676a, Vernon's Texas
62-8 Civil Statutes), is amended to read as follows:
62-9 Sec. 1. From and after the effective date of this Act in any
62-10 county in this State having a population of not less than 239,000
62-11 [191,500] and not more than 242,000 [200,000, according to the last
62-12 preceding federal census], the general management and control of
62-13 the public free schools and high schools in each county unless
62-14 otherwise provided by law shall be vested in five (5) county school
62-15 trustees elected from the county, one of whom shall be elected from
62-16 the county at large by the qualified voters of the county and one
62-17 from each commissioners precinct by the qualified voters of each
62-18 commissioners precinct, who shall hold office for a term of two (2)
62-19 years. The time for such election shall be the first Saturday in
62-20 April of each year; the order for the election of county school
62-21 trustees to be made by the County Judge at least thirty (30) days
62-22 prior to the date of said election, and which order shall designate
62-23 as voting places or places at which votes are cast for the district
62-24 trustees of said common and independent school districts,
62-25 respectively. The election officers appointed to hold the election
62-26 for district trustees in each of said school districts,
62-27 respectively, shall hold this election for county school trustees.
63-1 SECTION 154. Section 1, Chapter 233, Acts of the 59th
63-2 Legislature, Regular Session, 1965 (Article 2676b, Vernon's Texas
63-3 Civil Statutes), is amended to read as follows:
63-4 Sec. 1. This Act applies to a county-wide school district in
63-5 a county having a population of more than 5,200 [5,100] and less
63-6 than 5,283 [5,125 according to the last preceding federal census].
63-7 The Board of Trustees may order that the trustees of the district
63-8 shall run at large in the county. If the Board orders that its
63-9 members shall run at large, each position shall be filled by
63-10 election from the county at large upon expiration of the current
63-11 term of office.
63-12 SECTION 155. Section 1, Chapter 595, Acts of the 59th
63-13 Legislature, Regular Session, 1965 (Article 2676c, Vernon's Texas
63-14 Civil Statutes), is amended to read as follows:
63-15 Sec. 1. ELECTIONS FOR COUNTY SCHOOL TRUSTEES IN CERTAIN
63-16 COUNTIES. This Act applies to the elections for county school
63-17 trustees in all counties having a population of 3.3 million
63-18 [2,000,000] or more[, according to the last preceding federal
63-19 census].
63-20 SECTION 156. Section 1(b), Chapter 63, Acts of the 57th
63-21 Legislature, 3rd Called Session, 1962 (Article 2688h, Vernon's
63-22 Texas Civil Statutes), is amended to read as follows:
63-23 (b) From and after May 1, 1962, the office of the county
63-24 board of school trustees and the office of county superintendent
63-25 shall cease to exist in any county in this State having a
63-26 population of not less than 250,000 [200,000] and not more than
63-27 251,000 [220,000 according to the last preceding federal census]
64-1 which has no common school district and whose county ad valorem
64-2 evaluation is in excess of Two Hundred Fifty Million Dollars
64-3 ($250,000,000); provided, however, that the county superintendents
64-4 in such counties who have been heretofore elected or appointed to
64-5 the office of county superintendent shall serve until the
64-6 expiration of the term for which they were elected or appointed.
64-7 The duties now performed by the board of school trustees and county
64-8 superintendents in such counties shall be performed by the County
64-9 Judges of such counties.
64-10 SECTION 157. Sections 5 and 6, Chapter 706, Acts of the 59th
64-11 Legislature, Regular Session, 1965 (Article 2688i-1, Vernon's Texas
64-12 Civil Statutes), are amended to read as follows:
64-13 Sec. 5. The provisions of this Act shall not apply to
64-14 counties having a population of not less than 5,200 [5,000] and not
64-15 more than 5,283 [5,120] and to counties having a population of not
64-16 less than 47,150 [36,350] and not more than 47,350 [36,500
64-17 according to the last preceding federal census].
64-18 Sec. 6. No county having a population of more than 32,350
64-19 [25,100] and less than 32,400 [25,500 according to the last
64-20 preceding federal census,] shall have the offices of county school
64-21 superintendent, ex officio county school superintendent, and county
64-22 board of education.
64-23 All duties and functions, except as hereafter provided, that
64-24 are otherwise required by law of the office of county school
64-25 superintendent or ex officio county school superintendent governed
64-26 by this section shall be performed by the superintendents of the
64-27 independent and rural high school districts, and all duties that
65-1 may otherwise be required by law of the county board of education
65-2 governed by this section shall be performed by the elected Board of
65-3 Trustees of such independent and rural high school districts,
65-4 except that the County Judge shall, without pay from the State of
65-5 Texas, continue to approve or disapprove application for school
65-6 transfers. The Commissioners Court of such county shall hereafter
65-7 receive, hear and pass upon all petitions for the calling of
65-8 elections for the creation, change or abolishment of county school
65-9 districts and all authorized appeals from the independent school
65-10 Board of Trustees shall be made directly to the State Board of
65-11 Education or to the courts as provided by law.
65-12 All school records of the original independent and/or common
65-13 school district governed by this section, shall be transferred to
65-14 the control and custody of the independent school district office,
65-15 located at the county seat, save and except the original financial
65-16 records which shall be retained by the county treasurer, and
65-17 thereafter the County Judge shall be required to make no records or
65-18 reports but said reports shall be made by the superintendent of
65-19 such independent or rural school district; that as soon as
65-20 practicable after the effective date of this Act, all remaining
65-21 State funds in the hands of the county board of education shall be
65-22 transferred by the county treasurer and the County Judge to the
65-23 independent and rural high school districts in proportion to the
65-24 number of scholastics enrolled in such districts.
65-25 SECTION 158. Sections 2 and 3, Chapter 916, Acts of the 62nd
65-26 Legislature, Regular Session, 1971 (Article 4477-1a, Vernon's Texas
65-27 Civil Statutes), are amended to read as follows:
66-1 Sec. 2. PROHIBITION. No municipal corporation with a
66-2 population of not less than one million [600,000] nor more than
66-3 1.18 million [950,000 according to the last preceding Federal
66-4 census,] may discharge any municipal sewage into any open pond, the
66-5 surface area of which pond covers more than 100 acres, if the
66-6 discharge will cause or result in a nuisance. The Texas Water
66-7 Quality Board, acting with the Texas Air Control Board and the
66-8 Texas State Department of Health, shall make periodic inspections
66-9 of such ponds as necessary, but at least once every year, and shall
66-10 ascertain whether such pond is causing or will cause or result in a
66-11 nuisance.
66-12 If the Texas Water Quality Board, acting in accord with the
66-13 Texas Air Control Board and the Texas State Department of Health,
66-14 shall ascertain that the maintenance of such pond creates or
66-15 continues a nuisance, it shall advise the municipal corporation
66-16 making such discharge and shall allow such municipal corporation
66-17 adequate time to abate such nuisance.
66-18 Sec. 3. PENALTY. [(a)] Any municipal corporation with a
66-19 population of not less than one million [600,000] nor more than
66-20 1.18 million [950,000] which fails to abate a nuisance pursuant to
66-21 a directive of the Texas Water Quality Board as provided in Section
66-22 2 above, within a reasonable time after notification of such
66-23 failure by the Texas Water Quality Board, shall be liable to a
66-24 civil penalty of not more than $1,000 a day for each day that it
66-25 maintains such a nuisance.
66-26 SECTION 159. Section 4A(a), Development Corporation Act of
66-27 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
67-1 read as follows:
67-2 (a) This section applies only to a city:
67-3 (1) located in a county with a population of 500,000
67-4 or fewer [according to the most recent federal decennial census];
67-5 or
67-6 (2) with a population of fewer than 50,000 [according
67-7 to the most recent federal decennial census] that:
67-8 (A) is located in two or more counties, one of
67-9 which has a population of 500,000 or greater [according to the most
67-10 recent federal decennial census];
67-11 (B) is located within the territorial limits but
67-12 has not elected to become a part of a metropolitan rapid transit
67-13 authority that has a principal city with a population of less than
67-14 1.9 [1.2] million [according to the most recent federal decennial
67-15 census,] with such authority being created before January 1, 1980,
67-16 under Chapter 141, Acts of the 63rd Legislature, Regular Session,
67-17 1973 (Article 1118x, Vernon's Texas Civil Statutes); or
67-18 (C) is located within the territorial limits but
67-19 has not elected to become a part of a metropolitan rapid transit
67-20 authority that has a principal city with a population of more than
67-21 750,000 [according to the most recent federal decennial census,]
67-22 with such authority being created under Chapter 683, Acts of the
67-23 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
67-24 Texas Civil Statutes).
67-25 SECTION 160. Section 4B(a)(1), Development Corporation Act of
67-26 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
67-27 read as follows:
68-1 (1) "Eligible city" means a city:
68-2 (A) that is located in a county with a
68-3 population of 1.3 million [750,000] or more[, according to the most
68-4 recent federal decennial census] and in which the combined rate of
68-5 all sales and use taxes imposed by the city, the state, and other
68-6 political subdivisions of the state having territory in the city
68-7 does not exceed 8.25 percent on the date of any election held under
68-8 or made applicable to this section;
68-9 (B) that has a population of 400,000 or more[,
68-10 according to the most recent federal decennial census,] and that is
68-11 located in more than one county, and in which the combined rate of
68-12 all sales and use taxes imposed by the city, the state, and other
68-13 political subdivisions of the state having territory in the city,
68-14 including taxes under this section, does not exceed 8.25 percent;
68-15 or
68-16 (C) [(D)] to which Section 4A of this Act
68-17 applies.
68-18 [(E) Paragraph (C) of this subdivision expires
68-19 September 1, 1999.]
68-20 SECTION 161. Section 4B(a-2), Development Corporation Act of
68-21 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
68-22 read as follows:
68-23 (a-2) The costs of a publicly owned and operated project
68-24 that is purchased or constructed under this section include the
68-25 maintenance and operating costs of the project, and the proceeds of
68-26 taxes may be used to pay the maintenance and operating costs of a
68-27 project, unless within 60 days after first publishing notice of
69-1 this specific use of the proceeds of the taxes the governing body
69-2 of the city receives a petition from more than 10 percent of the
69-3 registered voters of the city where the petition requests that an
69-4 election be held before the proceeds of taxes imposed under this
69-5 section may be used to pay the maintenance and operating costs of a
69-6 project. An election is not required to be held after the
69-7 submission of a petition if the qualified citizens of the city have
69-8 previously approved that the costs of a publicly owned and operated
69-9 project purchased or constructed under this section include the
69-10 maintenance and operating costs of the project and that the
69-11 proceeds of taxes may be used to pay the maintenance and operating
69-12 costs of a project, at an election called for that purpose by the
69-13 governing body of the city or in conjunction with another election
69-14 required to be held under this section. The election in this
69-15 subsection shall not be required in a municipality located in a
69-16 county with a population in excess of 1.3 million [750,000] that
69-17 has held an election prior to February 1, 1993, under this section
69-18 and at which election the additional sales tax was approved.
69-19 SECTION 162. Section 2.01(13), Article 6243a-1, Revised
69-20 Statutes, is amended to read as follows:
69-21 (13) "City" means each municipality having a
69-22 population of more than 1.18 million [1,000,000] and less than 1.9
69-23 million [1,500,000, according to the most recent federal census].
69-24 SECTION 163. Section 1(a), Chapter 101, Acts of the 43rd
69-25 Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
69-26 Texas Civil Statutes), is amended to read as follows:
69-27 (a) In all incorporated cities and towns containing more
70-1 than 550,000 [500,000] inhabitants and less than 600,000
70-2 inhabitants, [according to the last preceding Federal Census,]
70-3 having a fully or partially paid fire department, the mayor or the
70-4 mayor's authorized representative, two (2) citizens of said city or
70-5 town to be designated by the mayor, the chief of police or the
70-6 chief's authorized representative, the chief of the fire department
70-7 or the chief's authorized representative, and the successors of the
70-8 mayor, chief of police, and chief of the fire department, three (3)
70-9 policemen other than the chief or assistant chief, to be elected by
70-10 members of the policemen's pension fund, three (3) firemen other
70-11 than the chief or assistant chief, to be elected by members of the
70-12 firemen's pension fund, composing eleven (11) members, seven (7) of
70-13 which shall be a quorum, shall constitute a board of trustees of
70-14 the Firemen and Policemen Pension Fund, to provide for the
70-15 disbursement of the same and to designate the beneficiaries
70-16 thereof. The three policemen and the three firemen named above
70-17 shall be elected to a term of four (4) years. The term for a
70-18 citizen designated by the mayor is four (4) years. The board shall
70-19 be known as the Board of Firemen and Policemen Pension Fund,
70-20 __________, Texas. Said board shall organize by choosing one
70-21 member as Chairman and by appointing a secretary. Such board shall
70-22 have charge of and administer said fund and shall order payments
70-23 therefrom in pursuance of the provisions of this law. It shall
70-24 report annually to the governing body of such city or town the
70-25 condition of the said fund and the receipts and disbursements on
70-26 account of the same with a complete list of beneficiaries of said
70-27 fund and the amounts paid them.
71-1 SECTION 164. Section 1.01, Chapter 183, Acts of the 64th
71-2 Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's
71-3 Texas Civil Statutes), is amended to read as follows:
71-4 Sec. 1.01. APPLICABILITY. This Act applies only to a
71-5 municipality having a population of more than 600,000 [450,000] and
71-6 less than 700,000 [500,000].
71-7 SECTION 165. Section 1, Chapter 103, Acts of the 62nd
71-8 Legislature, Regular Session, 1971 (Article 6243f-1, Vernon's Texas
71-9 Civil Statutes), is amended to read as follows:
71-10 Sec. 1. No member of a fire department in any city or town
71-11 in this State having a population of not less than 500,000
71-12 [400,000] nor more than 550,000 [450,000, according to the last
71-13 preceding federal census,] shall be involuntarily retired prior to
71-14 reaching the mandatory retirement age set for such cities'
71-15 employees unless he is physically unable to perform his duties. In
71-16 the event he is physically unable to perform his duties, he shall
71-17 be allowed to use all of his accumulated sick leave, before
71-18 retirement.
71-19 SECTION 166. Section 1, Chapter 451, Acts of the 72nd
71-20 Legislature, Regular Session, 1991 (Article 6243n, Vernon's
71-21 Texas Civil Statutes), is amended to read as follows:
71-22 Sec. 1. SCOPE. A retirement system is established by this
71-23 Act for employees of each municipality having a population of more
71-24 than 600,000 [460,000] and less than 700,000 [500,000, according to
71-25 the most recent federal census]; provided, however, that once such
71-26 pension system becomes operative in any city, any right or
71-27 privilege accruing to any member thereunder shall be a vested right
72-1 according to the terms of this Act and the same shall not be denied
72-2 or abridged thereafter through any change in population of any such
72-3 city taking such city out of the population bracket as herein
72-4 prescribed, and said pension system shall continue to operate and
72-5 function regardless of whether or not any future population exceeds
72-6 or falls below said population bracket.
72-7 SECTION 167. Section 1.01, Chapter 452, Acts of the 72nd
72-8 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's
72-9 Texas Civil Statutes), is amended to read as follows:
72-10 Sec. 1.01. APPLICABILITY AND DEFINITIONS. This Act applies
72-11 only to a municipality having a population of more than 600,000
72-12 [460,000] and less than 700,000 [500,000, according to the most
72-13 recent federal census].
72-14 SECTION 168. Section 1.03, Chapter 824, Acts of the 73rd
72-15 Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
72-16 Civil Statutes), is amended to read as follows:
72-17 Sec. 1.03. APPLICABILITY. This Act applies to paid fire and
72-18 police departments of a municipality with a population between 1.14
72-19 million [750,000] and 1.18 million [1,000,000, according to the
72-20 most recent federal census].
72-21 SECTION 169. Section 1, Chapter 809, Acts of the 62nd
72-22 Legislature, Regular Session, 1971 (Article 6812b-1, Vernon's Texas
72-23 Civil Statutes), is amended to read as follows:
72-24 Sec. 1. The commissioners court of any county having a
72-25 population of not less than 280,000 [160,000] nor more than 300,000
72-26 [185,000, according to the last preceding federal census,] may
72-27 appoint a county engineer, but the selection shall be controlled by
73-1 considerations of skill and ability for the task. The engineer may
73-2 be selected at any regular meeting of the commissioners court, or
73-3 at any special meeting called for that purpose. The engineer
73-4 selected shall be a Registered Professional Engineer in the State
73-5 of Texas. The engineer shall hold his office for a period of two
73-6 years, his term of office expiring concurrently with the terms of
73-7 other county officers, and he may be removed at the pleasure of the
73-8 commissioners court. The engineer shall receive a salary to be
73-9 fixed by the commissioners court not to exceed the amount of the
73-10 salary paid to the highest county official, to be paid out of the
73-11 Road and Bridge Fund. The engineer, before entering upon the
73-12 discharge of his duties, shall take the oath of office prescribed
73-13 by law, and shall execute a bond in the sum of $15,000 with a good
73-14 and sufficient surety or sureties thereon, payable to the county
73-15 judge of the county and successors in office in trust, for the use
73-16 and the benefit of the Road and Bridge Fund, of the county to be
73-17 approved by the court, conditioned that such engineer will
73-18 faithfully and efficiently discharge and perform all of the duties
73-19 required of him by law and by the orders of said commissioners
73-20 court and shall faithfully and honestly and in due time account for
73-21 all of the money, property and materials placed in his custody.
73-22 SECTION 170. Section 1, Chapter 529, Acts of the 68th
73-23 Legislature, Regular Session, 1983, is amended to read as follows:
73-24 Sec. 1. DEANNEXATION AND CREATION OF NEW DISTRICT. (a)
73-25 Territory within a junior college district containing not fewer
73-26 than six independent school districts, less than countywide and
73-27 located within one or more counties, one of which having a
74-1 population of at least 3.3 million [2,200,000 according to the most
74-2 recent federal census,] may be divided and deannexed from a junior
74-3 college district and constituted as a separate junior college
74-4 district in accordance with provisions of this Act. Any
74-5 deannexation must include at least three contiguous independent
74-6 school districts and the entire territory of any independent school
74-7 district included must be included. All territory remaining in the
74-8 original district must be contiguous. This Act shall not apply to
74-9 a junior college district which has any bonded indebtedness which
74-10 by its terms is to be paid in whole or in part from sources other
74-11 than ad valorem taxes.
74-12 (b) The proposed deannexation and creation of a separate
74-13 junior college district shall be initiated by a petition signed by
74-14 not less than five percent of the qualified voters from each
74-15 independent school district included within the area seeking
74-16 deannexation, which petition shall also specify the territory to be
74-17 deannexed, provide for an election to authorize the assumption of
74-18 the new district's proportionate part of the outstanding bonded
74-19 indebtedness of the original district from which the territory of
74-20 the new district will be taken and the levy of the necessary taxes,
74-21 provide authorization for the levy of taxes for the maintenance and
74-22 operation of the district, and list seven persons residing therein
74-23 and otherwise qualified to hold public office as the temporary
74-24 governing body. The petition presented to the commissioners court
74-25 must include the signature, address, voter registration number,
74-26 county, voting precinct number, and date of signature. The
74-27 petition shall be presented to the commissioners court of the
75-1 county with a population of at least 3.3 million [2,200,000
75-2 according to the most recent federal census] within 90 days of the
75-3 first signature which shall pass upon the legality and genuineness
75-4 of the petition and forward the petition, if approved, to the
75-5 Coordinating Board, Texas College and University System. The
75-6 commissioners court shall then order an election to be held within
75-7 the territory proposed to be deannexed within 30 days after such
75-8 approval. At such election, the ballots shall be printed to
75-9 provide for voting for or against each of the following
75-10 propositions, with the blanks filled in and a description of the
75-11 territory proposed for deannexation:
75-12 "Deannexation of the following territory from
75-13 ____________________ junior college district and
75-14 creation of the ____________________ junior college
75-15 district and election of the temporary Board of
75-16 Trustees thereof."
75-17 "Assumption of the ____________________ junior college
75-18 district's proportionate part of all the outstanding
75-19 bonded indebtedness payable from ad valorem taxes of
75-20 the ____________________ junior college district and
75-21 the levy and pledge of annual ad valorem taxes on all
75-22 taxable property in ____________________ junior college
75-23 district sufficient to pay ____________________
75-24 junior college district's proportionate share of the
75-25 principal of and interest on said bonded indebtedness
75-26 as the same come due, provided that the annual bond tax
75-27 shall never exceed $0.50 on the $100 valuation of
76-1 taxable property in ____________________ junior college
76-2 district, and the annual bond tax, together with the
76-3 annual maintenance tax shall never exceed the aggregate
76-4 of $1.00 on the $100 valuation of taxable property in
76-5 ____________________ junior college district."
76-6 "Authorization of and levy of annual ad valorem taxes
76-7 within __________________ junior college district on
76-8 all taxable property in ____________________ junior
76-9 college district for the further maintenance of
76-10 ____________________ junior college district provided
76-11 that said annual maintenance tax, together with the
76-12 annual bond tax shall never exceed the aggregate of
76-13 $1.00 on the $100 of taxable property in
76-14 ____________________ junior college district."
76-15 All expenses incurred in holding the election shall be paid by the
76-16 proponents of deannexation as determined by the commissioners
76-17 court.
76-18 (c) As soon as possible after the election, the
76-19 commissioners court of the county with a population of at least 3.3
76-20 million [2,200,000 according to the most recent federal census]
76-21 shall canvass the returns thereof and declare the result of the
76-22 election. If a majority of the votes cast are in favor of all
76-23 propositions on the ballot, the commissioners court shall declare
76-24 the results and the persons named in the petition shall be the
76-25 temporary governing body. Within one year of the certification of
76-26 the new district's creation by the coordinating board, the
76-27 temporary board of trustees shall call an election on a date
77-1 permitted by the Texas Election Code for the purpose of choosing a
77-2 successor board of trustees. If a majority of the votes cast in
77-3 the election are not in favor of all propositions on the ballot,
77-4 the proposal to deannex the territory will fail, and the
77-5 commissioners court shall so declare in its order canvassing the
77-6 results of the election. If the proposal to deannex the territory
77-7 fails, no deannexation of any of the same territory can again be
77-8 proposed through the provisions of this Act.
77-9 SECTION 171. (a) This Act is not intended to revive a law
77-10 that was impliedly repealed by a law enacted by the 76th
77-11 Legislature or a previous legislature.
77-12 (b) To the extent that a law enacted by the 77th
77-13 Legislature, Regular Session, 2001, conflicts with this Act, the
77-14 other law prevails, regardless of the relative dates of enactment
77-15 or the relative effective dates.
77-16 SECTION 172. This Act takes effect September 1, 2001.