1-1 By: Wolens (Senate Sponsor - Cain) H.B. No. 2810
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on
1-4 Administration; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the application of statutes that classify political
1-9 subdivisions according to population.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 147.003(a), Agriculture Code, is amended
1-12 to read as follows:
1-13 (a) A person pursuing the business of selling mules, horses,
1-14 jacks, or jennets in a county with a population of not less than
1-15 1.4 [one] million nor more than 1.5 [1.18] million is not subject
1-16 to this chapter as a livestock auction commission merchant.
1-17 SECTION 2. Section 5.331, Alcoholic Beverage Code, is
1-18 amended to read as follows:
1-19 Sec. 5.331. PUBLIC DISTURBANCE REPORTS. Local law
1-20 enforcement agencies in each county with a population of 3.3 [2]
1-21 million or more shall send to the commission reports and other data
1-22 concerning shootings, stabbings, and other public disturbances that
1-23 occur on the premises of a permittee or licensee. The reports and
1-24 data shall be incorporated into the record of the permittee or
1-25 licensee. The administrator of the Texas Alcoholic Beverage
1-26 Commission shall prescribe the form and content of such reports.
1-27 SECTION 3. Section 25.051(a), Alcoholic Beverage Code, is
1-28 amended to read as follows:
1-29 (a) The county judge of a county with a population of 1.3
1-30 million [750,000] or more may appoint a master to hear a permit
1-31 application under this chapter in the manner provided by Section
1-32 61.311 of this code for the appointment of a master to hear a
1-33 license application.
1-34 SECTION 4. Section 26.06, Alcoholic Beverage Code, is amended
1-35 to read as follows:
1-36 Sec. 26.06. MASTERS IN CERTAIN COUNTIES. The county judge
1-37 of a county with a population of 1.3 million [750,000] or more may
1-38 appoint a master to hear a permit application under this chapter in
1-39 the manner provided by Section 61.311 of this code for the
1-40 appointment of a master to hear a license application.
1-41 SECTION 5. Section 61.311(a), Alcoholic Beverage Code, is
1-42 amended to read as follows:
1-43 (a) The county judge of a county with a population of 1.3
1-44 million [750,000] or more may appoint a master to hear an
1-45 application under this chapter.
1-46 SECTION 6. Section 75.01(a), Alcoholic Beverage Code, is
1-47 amended to read as follows:
1-48 (a) The holder of a storage license who also holds a customs
1-49 broker's license issued under 19 U.S.C. Section 1641(b) may import
1-50 and store beer, ale, and malt liquor in a county with a population
1-51 of 300,000 [200,000] or less that borders the United Mexican States
1-52 for:
1-53 (1) storage purposes only in a wet area, as that term
1-54 is described by Section 251.71, from the holder of a nonresident
1-55 manufacturer's license or nonresident brewer's permit whose
1-56 manufacturing premises are located in the United Mexican States;
1-57 and
1-58 (2) transfer to qualified persons located in the
1-59 United States outside of this state.
1-60 SECTION 7. Section 109.57(e), Alcoholic Beverage Code, is
1-61 amended to read as follows:
1-62 (e) A municipality located in a county that has a population
1-63 of 2.2 [1.2] million or more and that is adjacent to a county with
1-64 a population of more than 400,000 [250,000] or a municipality
2-1 located in a county with a population of 400,000 [250,000] or more
2-2 and that is adjacent to a county with a population of 2.2 [1.2]
2-3 million or more may regulate, in a manner not otherwise prohibited
2-4 by law, the location of an establishment issued a permit under
2-5 Chapter 32 or 33 if:
2-6 (1) the establishment derives 35 percent or more of
2-7 the establishment's gross revenue from the on-premises sale or
2-8 service of alcoholic beverages and the premises of the
2-9 establishment are located in a dry area; and
2-10 (2) the permit is not issued to a fraternal or
2-11 veterans organization or the holder of a food and beverage
2-12 certificate.
2-13 SECTION 8. Article 2.12, Code of Criminal Procedure, as
2-14 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
2-15 Legislature, Regular Session, 1999, is amended to read as follows:
2-16 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
2-17 officers:
2-18 (1) sheriffs, their deputies, and those reserve
2-19 deputies who hold a permanent peace officer license issued under
2-20 Chapter 1701 [415], Occupations [Government] Code;
2-21 (2) constables, deputy constables, and those reserve
2-22 deputy constables who hold a permanent peace officer license issued
2-23 under Chapter 1701 [415], Occupations [Government] Code;
2-24 (3) marshals or police officers of an incorporated
2-25 city, town, or village, and those reserve municipal police officers
2-26 who hold a permanent peace officer license issued under Chapter
2-27 1701 [415], Occupations [Government] Code;
2-28 (4) rangers and officers commissioned by the Public
2-29 Safety Commission and the Director of the Department of Public
2-30 Safety;
2-31 (5) investigators of the district attorneys', criminal
2-32 district attorneys', and county attorneys' offices;
2-33 (6) law enforcement agents of the Texas Alcoholic
2-34 Beverage Commission;
2-35 (7) each member of an arson investigating unit
2-36 commissioned by a city, a county, or the state;
2-37 (8) officers commissioned under Section 37.081,
2-38 Education Code, or Subchapter E, Chapter 51, Education Code;
2-39 (9) officers commissioned by the General Services
2-40 Commission;
2-41 (10) law enforcement officers commissioned by the
2-42 Parks and Wildlife Commission;
2-43 (11) airport police officers commissioned by a city
2-44 with a population of more than 1.18 [one] million, [according to
2-45 the most recent federal census,] that operates an airport that
2-46 serves commercial air carriers;
2-47 (12) airport security personnel commissioned as peace
2-48 officers by the governing body of any political subdivision of this
2-49 state, other than a city described by Subdivision (11), that
2-50 operates an airport that serves commercial air carriers;
2-51 (13) municipal park and recreational patrolmen and
2-52 security officers;
2-53 (14) security officers commissioned as peace officers
2-54 by the comptroller;
2-55 (15) officers commissioned by a water control and
2-56 improvement district under Section 49.216, Water Code;
2-57 (16) officers commissioned by a board of trustees
2-58 under Chapter 54 [341], Transportation Code [Acts of the 57th
2-59 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
2-60 Civil Statutes)];
2-61 (17) investigators commissioned by the Texas State
2-62 Board of Medical Examiners;
2-63 (18) officers commissioned by the board of managers of
2-64 the Dallas County Hospital District, the Tarrant County Hospital
2-65 District, or the Bexar County Hospital District under Section
2-66 281.057, Health and Safety Code;
2-67 (19) county park rangers commissioned under Subchapter
2-68 E, Chapter 351, Local Government Code;
2-69 (20) investigators employed by the Texas Racing
3-1 Commission;
3-2 (21) officers commissioned by the State Board of
3-3 Pharmacy;
3-4 (22) officers commissioned by the governing body of a
3-5 metropolitan rapid transit authority under Section 451.108,
3-6 Transportation Code, or by a regional transportation authority
3-7 under Section 452.110, Transportation Code;
3-8 (23) investigators commissioned by the attorney
3-9 general under Section 402.009, Government Code;
3-10 (24) security officers and investigators commissioned
3-11 as peace officers under Chapter 466, Government Code;
3-12 (25) an officer employed by the Texas Department of
3-13 Health under Section 431.2471, Health and Safety Code;
3-14 (26) officers appointed by an appellate court under
3-15 Subchapter F, Chapter 53, Government Code;
3-16 (27) officers commissioned by the state fire marshal
3-17 under Chapter 417, Government Code;
3-18 (28) an investigator commissioned by the commissioner
3-19 of insurance under Article 1.10D, Insurance Code;
3-20 (29) apprehension specialists commissioned by the
3-21 Texas Youth Commission as officers under Section 61.0931, Human
3-22 Resources Code; [and]
3-23 (30) officers appointed by the executive director of
3-24 the Texas Department of Criminal Justice under Section 493.019,
3-25 Government Code;[.]
3-26 (31) [(30)] investigators commissioned by the
3-27 Commission on Law Enforcement Officer Standards and Education under
3-28 Section 415.016, Government Code; and[.]
3-29 (32) [(30)] board investigators commissioned by the
3-30 Texas Commission on Private Security under Section 10(f), Private
3-31 Investigators and Private Security Agencies Act (Article
3-32 4413(29bb), Vernon's Texas Civil Statutes).
3-33 SECTION 9. Article 102.009, Code of Criminal Procedure, is
3-34 amended to read as follows:
3-35 Art. 102.009. COURT COSTS IN CERTAIN COUNTIES. In counties
3-36 with a population of 3.3 [two] million or more [according to the
3-37 most recent federal census], the commissioners court may set court
3-38 costs for persons convicted of a Class C misdemeanor in the justice
3-39 courts. Court costs set as provided by this article may not exceed
3-40 $7 for each conviction.
3-41 SECTION 10. Section 51.214(a), Education Code, is amended to
3-42 read as follows:
3-43 (a) In any municipality with a population of 1.18 million
3-44 [1,000,000] or more, the governing board of a private, nonprofit
3-45 medical corporation that provides security services for an
3-46 institution of higher education or a private postsecondary
3-47 educational institution and other entities located within the same
3-48 medical complex, or that provides security services for a branch of
3-49 that medical complex, may employ and commission security personnel
3-50 to enforce the law of this state at the medical complex and its
3-51 branches.
3-52 SECTION 11. Section 51.904, Education Code, is amended to
3-53 read as follows:
3-54 Sec. 51.904. STREET CLOSING. The governing body of an
3-55 institution of higher education as defined by Section 61.003 in a
3-56 county having a population in excess of 3.3 million [2,000,000] may
3-57 vacate, abandon, and close a street or alley running through the
3-58 campus if the institution owns all of the real property abutting
3-59 the street or alley and if the institution owns 20 or more acres of
3-60 real property at the campus where the street or alley is located.
3-61 SECTION 12. Sections 130.073(a) and (k), Education Code, are
3-62 amended to read as follows:
3-63 (a) A junior college district [that is] located in part of a
3-64 county that has [with] a population of more than 1.3 [1.18] million
3-65 and in which a municipality with a population of more than one
3-66 million is primarily located [residents] may annex the territory
3-67 included in the county that is not included in the district or
3-68 another junior college district.
3-69 (k) In a junior college district expanded to a countywide
4-1 district that has [with] a population of more than 1.3 [1.18]
4-2 million and in which a municipality with a population of more than
4-3 one million is primarily located [residents according to the last
4-4 preceding decennial census], members of the governing board shall
4-5 be elected from single-member trustee districts. If members of the
4-6 governing board of a junior college district subject to this
4-7 subsection are not already elected from single-member trustee
4-8 districts, the members shall be elected as provided by this
4-9 subsection. The governing board of the district shall divide the
4-10 junior college district into nine single-member trustee districts
4-11 that are compact and contiguous, and that contain as nearly as
4-12 practicable an equal number of residents according to the last
4-13 preceding decennial census. The trustee district positions shall
4-14 be filled as the staggered terms of incumbent trustees expire, with
4-15 the first trustees from single-member districts being elected at
4-16 the first regular trustee election held in a year following the
4-17 year in which the district became countywide. If an incumbent
4-18 trustee is a vacancy appointee serving until the next regular
4-19 election, that position shall also be filled from a trustee
4-20 district for an appropriately shortened term at that election. If
4-21 before that election the district was governed by seven trustees,
4-22 the district shall also elect two additional trustees from trustee
4-23 districts at that election. The initial terms of the additional
4-24 trustees shall be for the periods necessary to comply with Section
4-25 130.082(e) of this code. The board shall complete the drawing of
4-26 the single-member district boundaries, and shall determine by lot
4-27 the order in which the trustee district positions will be filled,
4-28 not later than the 90th day before the date of that election.
4-29 Trustees elected under this subsection are elected by the qualified
4-30 voters of the trustee district the trustee represents. A candidate
4-31 seeking to represent a trustee district must be a resident of that
4-32 trustee district and vacates the office if he ceases to reside in
4-33 that district. A person appointed to fill a vacancy must be a
4-34 resident of the trustee district he is appointed to represent. Not
4-35 later than the 90th day before the day of the first election
4-36 following the date on which the district may officially take notice
4-37 of the federal census, the board of a district electing trustees
4-38 under this subsection shall redivide the district into nine trustee
4-39 districts if the census data indicate that the population of the
4-40 most populous district exceeds the population of the least populous
4-41 district by more than 10 percent. If after redistricting only one
4-42 incumbent trustee resides in a new district, the trustee serves the
4-43 new district for the remainder of the term to which he was elected.
4-44 If after redistricting no incumbent or more than one incumbent
4-45 resides in a new district, the office for trustee of that district
4-46 becomes vacant, and the vacancy shall be filled in the same manner
4-47 as other vacancies on the board.
4-48 SECTION 13. Section 130.082(i), Education Code, is amended to
4-49 read as follows:
4-50 (i) The election of trustees of a countywide junior or
4-51 community college district that contains a city with a population
4-52 of more than 1.18 [one] million [residents] shall be held on the
4-53 first Saturday in April of each even-numbered year. When a runoff
4-54 election is necessary, the board may order the election for a date
4-55 to coincide with the date of the runoff election for city
4-56 officials, if the city is holding a runoff election; otherwise, the
4-57 board shall set the date of the runoff election for not later than
4-58 three weeks following the regular election.
4-59 SECTION 14. Section 52.092(e), Election Code, is amended to
4-60 read as follows:
4-61 (e) County offices shall be listed in the following order:
4-62 (1) county judge;
4-63 (2) judge, county court at law;
4-64 (3) judge, county criminal court;
4-65 (4) judge, county probate court;
4-66 (5) county attorney;
4-67 (6) district clerk;
4-68 (7) district and county clerk;
4-69 (8) county clerk;
5-1 (9) sheriff;
5-2 (10) sheriff and tax assessor-collector;
5-3 (11) county tax assessor-collector;
5-4 (12) county treasurer;
5-5 (13) county school trustee (county with population of
5-6 3.3 [two] million or more);
5-7 (14) county surveyor;
5-8 (15) inspector of hides and animals.
5-9 SECTION 15. Section 143.005(e), Election Code, is amended to
5-10 read as follows:
5-11 (e) If the city charter of a home-rule city with a
5-12 population of more than 1.18 [one] million that holds nonpartisan
5-13 elections for its offices requires both a petition and a $50 fee to
5-14 be filed for a candidate's name to be placed on the ballot, those
5-15 requirements supersede this section.
5-16 SECTION 16. Section 25.0023, Government Code, is amended to
5-17 read as follows:
5-18 Sec. 25.0023. COMPENSATION OF CERTAIN PROBATE COURT JUDGES.
5-19 In any county having a population of 1.3 million [700,000] or more,
5-20 the commissioners court shall set the annual salary of each judge
5-21 of a statutory probate court at an amount that is at least equal to
5-22 the total annual salary, including supplements, received by a
5-23 district judge in the county. The salary shall be paid in equal
5-24 monthly installments.
5-25 SECTION 17. Section 51.501(c), Government Code, is amended
5-26 to read as follows:
5-27 (c) The commissioners court of a county that has a
5-28 population of 6,000 [6,800] to 6,125 [6,900] shall determine
5-29 whether the county shall have a joint clerk but may not take action
5-30 to prevent a district clerk, county clerk, or joint clerk from
5-31 serving the full term of office to which the clerk was elected.
5-32 SECTION 18. Section 54.851, Government Code, is amended to
5-33 read as follows:
5-34 Sec. 54.851. APPLICATION. This subchapter applies only to
5-35 counties with a population of 3.3 [two] million or more.
5-36 SECTION 19. Section 441.139(a), Government Code, is amended
5-37 to read as follows:
5-38 (a) Notwithstanding other provisions of this subchapter, a
5-39 library, including a public library, in a city with a population of
5-40 1.18 million [1,000,000] or more and that has adopted a
5-41 council-manager form of government, may charge a reasonable fee to
5-42 a for-profit business entity for providing in-depth research
5-43 services or research support relating to the entity's business
5-44 activities.
5-45 SECTION 20. Section 618.002(3), Government Code, is amended
5-46 to read as follows:
5-47 (3) "Eligible contract" means a written evidence of
5-48 agreement, including a contract, purchase order, and surety bond,
5-49 and any related document, including an application, certificate,
5-50 and approval, other than a public security or instrument of
5-51 payment, that is executed, authenticated, certified, or endorsed
5-52 for or on behalf of a home-rule municipality with a population of
5-53 1.9 [1.2] million or more.
5-54 SECTION 21. Section 803.0021, Government Code, is amended to
5-55 read as follows:
5-56 Sec. 803.0021. APPLICATION OF CHAPTER. This chapter applies
5-57 only to:
5-58 (1) a retirement system for general municipal
5-59 employees in a municipality with a population of not less than
5-60 600,000 [460,000] nor more than 700,000 [500,000];
5-61 (2) the Employees Retirement System of Texas, the
5-62 Teacher Retirement System of Texas, the Judicial Retirement System
5-63 of Texas Plan One, the Judicial Retirement System of Texas Plan
5-64 Two, the Texas County and District Retirement System, and the Texas
5-65 Municipal Retirement System; and
5-66 (3) a retirement system that makes an election under
5-67 Section 803.101(f).
5-68 SECTION 22. Section 852.005(c), Government Code, is amended
5-69 to read as follows:
6-1 (c) For the purposes of this subtitle, a fire or police
6-2 department has the standing of a municipality if:
6-3 (1) the department:
6-4 (A) was created and is operating under an
6-5 interlocal cooperation agreement that has existed at least 15 years
6-6 and was executed by two or more municipalities located in a county
6-7 with a population of at least 3.3 [two] million;
6-8 (B) is supervised by an administrative agency
6-9 appointed by the contracting municipalities; and
6-10 (C) provides common fire protection or law
6-11 enforcement services to the contracting municipalities; and
6-12 (2) the governing body of each municipality that is a
6-13 party to the agreement has voted by ordinance or resolution to
6-14 accept responsibility, in a manner to be determined by the
6-15 participating municipalities, for all payments required of and
6-16 obligations incurred by the department under this subtitle in the
6-17 event that the interlocal cooperation agreement is dissolved or
6-18 expires; and
6-19 (3) all ordinances adopted by the participating
6-20 municipalities with regard to the participation are approved by the
6-21 board of trustees.
6-22 SECTION 23. Section 1371.001(4), Government Code, is amended
6-23 to read as follows:
6-24 (4) "Issuer" means:
6-25 (A) a home-rule municipality that:
6-26 (i) adopted its charter under Section 5,
6-27 Article XI, Texas Constitution;
6-28 (ii) has a population of 50,000 or more;
6-29 and
6-30 (iii) has outstanding long-term
6-31 indebtedness that is rated by a nationally recognized rating agency
6-32 for municipal securities in one of the four highest rating
6-33 categories for a long-term obligation;
6-34 (B) a conservation and reclamation district
6-35 created and organized as a river authority under Section 52,
6-36 Article III, or Section 59, Article XVI, Texas Constitution;
6-37 (C) a joint powers agency organized and
6-38 operating under Chapter 163, Utilities Code;
6-39 (D) a metropolitan rapid transit authority or
6-40 regional transportation authority created, organized, and operating
6-41 under Chapter 451 or 452, Transportation Code;
6-42 (E) a conservation and reclamation district
6-43 organized or operating as a navigation district under Section 52,
6-44 Article III, or Section 59, Article XVI, Texas Constitution;
6-45 (F) a district organized or operating under
6-46 Section 59, Article XVI, Texas Constitution, that has all or part
6-47 of two or more municipalities within its boundaries;
6-48 (G) a state agency, including a state
6-49 institution of higher education;
6-50 (H) a hospital authority created or operating
6-51 under Chapter 262 or 264, Health and Safety Code, in a county that:
6-52 (i) has a population of more than 3.3
6-53 [two] million; or
6-54 (ii) is included, in whole or in part, in
6-55 a standard metropolitan statistical area of this state that
6-56 includes a county with a population of more than 2.2 [1.8] million;
6-57 (I) a nonprofit corporation organized to
6-58 exercise the powers of a higher education authority under Section
6-59 53.47(e), Education Code; or
6-60 (J) a county with a population of 3.3 [two]
6-61 million or more.
6-62 SECTION 24. Section 1432.001(a), Government Code, is amended
6-63 to read as follows:
6-64 (a) This chapter applies only to a local government that has
6-65 all or most of its territory located in a county with a population
6-66 of more than 1.3 million [650,000].
6-67 SECTION 25. Section 1477.301, Government Code, is amended to
6-68 read as follows:
6-69 Sec. 1477.301. APPLICABILITY OF SUBCHAPTER. This subchapter
7-1 applies only to a county:
7-2 (1) with a population of more than 3.3 [two] million;
7-3 or
7-4 (2) with a population of more than 90,000 that borders
7-5 the United Mexican States other than a county that contains three
7-6 or more municipalities that each have a population of more than
7-7 17,500.
7-8 SECTION 26. Section 1502.055(c), Government Code, is amended
7-9 to read as follows:
7-10 (c) This section does not apply to the sale of an
7-11 unencumbered natural gas system owned by a municipality with a
7-12 population of more than 1.9 [1.2] million.
7-13 SECTION 27. Section 1503.201, Government Code, is amended to
7-14 read as follows:
7-15 Sec. 1503.201. APPLICABILITY OF SUBCHAPTER. This subchapter
7-16 applies only to a municipality with a population of 1.9 [1.2]
7-17 million or more.
7-18 SECTION 28. Section 1504.251, Government Code, is amended to
7-19 read as follows:
7-20 Sec. 1504.251. APPLICABILITY OF SUBCHAPTER. This subchapter
7-21 applies only to a home-rule municipality with a population of 1.9
7-22 [1.2] million or more.
7-23 SECTION 29. Section 1506.101, Government Code, is amended to
7-24 read as follows:
7-25 Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This subchapter
7-26 applies only to a municipality that:
7-27 (1) is located on the Gulf of Mexico or on a channel,
7-28 canal, bay, or inlet connected to the Gulf of Mexico; and
7-29 (2) has a population of:
7-30 (A) more than 56,000 [60,000] and less than
7-31 67,000 [75,000]; or
7-32 (B) more than 113,000 [110,000] and less than
7-33 150,000 [120,000].
7-34 SECTION 30. Section 1506.151, Government Code, is amended to
7-35 read as follows:
7-36 Sec. 1506.151. APPLICABILITY OF SUBCHAPTER. This subchapter
7-37 applies only to a municipality with a population of more than 1.1
7-38 million [650,000].
7-39 SECTION 31. Section 1508.151, Government Code, is amended to
7-40 read as follows:
7-41 Sec. 1508.151. APPLICABILITY OF SUBCHAPTER. This subchapter
7-42 applies only to a municipality with a population of 1.9 [1.2]
7-43 million or more.
7-44 SECTION 32. Section 1509.002(b), Government Code, is amended
7-45 to read as follows:
7-46 (b) This section applies only to a municipality that:
7-47 (1) has a population of more than 15,000 [8,000] but
7-48 less than 16,000 [10,000]; and
7-49 (2) is located in two counties with populations of
7-50 325,000 [225,000] or more but less than 3.5 million [2,818,199].
7-51 SECTION 33. Section 1509.101, Government Code, is amended to
7-52 read as follows:
7-53 Sec. 1509.101. APPLICABILITY OF SUBCHAPTER. This subchapter
7-54 applies only to a municipality with a population of more than 1.1
7-55 million [650,000].
7-56 SECTION 34. Section 2303.103(e), Government Code, is amended
7-57 to read as follows:
7-58 (e) Notwithstanding Subsections (c) and (d), the governing
7-59 body of a county with a population of 1.3 million [750,000] or more
7-60 may nominate territory in that county that is in the
7-61 extraterritorial jurisdiction of a municipality to be included in
7-62 one or more of the county's enterprise zones, and the county shall
7-63 administer a zone that is established as the result of the
7-64 nomination.
7-65 SECTION 35. Section 263.025, Health and Safety Code, is
7-66 amended to read as follows:
7-67 Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR IMPROVEMENTS
7-68 IN COUNTIES OF 24,500 [22,000] TO 25,500 [22,034]. The
7-69 commissioners court of a county with a population of 24,500
8-1 [22,000] to 25,500 [22,034] may use excess money in the county
8-2 hospital operating fund for making permanent improvements to the
8-3 county hospital and for the payment of county bonds issued for the
8-4 construction and improvement of a county hospital facility.
8-5 SECTION 36. Section 281.021(b), Health and Safety Code, is
8-6 amended to read as follows:
8-7 (b) The commissioners court of a county with a population of
8-8 more than 1.4 million [650,000] but less than 1.5 [1.18] million in
8-9 which a district is created under this chapter shall appoint a
8-10 board composed of not less than five or more than 15 members.
8-11 SECTION 37. Section 285.002, Health and Safety Code, is
8-12 amended to read as follows:
8-13 Sec. 285.002. APPLICABILITY OF SUBCHAPTER. This subchapter
8-14 applies only to a county having:
8-15 (1) a population of at least 650,000 [580,000]; and
8-16 (2) a countywide hospital district that:
8-17 (A) has taxes imposed and collected by the
8-18 commissioners court of the county; and
8-19 (B) has teaching hospital facilities affiliated
8-20 with a state-owned or private medical school.
8-21 SECTION 38. Section 301.031(1), Health and Safety Code, is
8-22 amended to read as follows:
8-23 (1) "Eligible institution" means an entity engaged in
8-24 health-related pursuits that, except for cooperative associations,
8-25 is exempt from federal income tax and includes only:
8-26 (A) a municipality;
8-27 (B) a political subdivision of the state;
8-28 (C) a health-related institution supported by
8-29 the state or federal government or by a federal department,
8-30 division, or agency, including:
8-31 (i) The Texas A&M University System;
8-32 (ii) The University of Texas System;
8-33 (iii) Texas Woman's University; and
8-34 (iv) the Children's Nutrition Research
8-35 Center;
8-36 (D) a nonprofit health-related institution; and
8-37 (E) a cooperative association created to provide
8-38 a system, a unit of which is located in a county that has [with] a
8-39 population of more than 1.3 [1.18] million and in which a
8-40 municipality with a population of more than one million is
8-41 primarily located, or in a county contiguous to a county having
8-42 those characteristics [with a population of more than 1.18
8-43 million].
8-44 SECTION 39. Sections 711.008(d) and (k), Health and Safety
8-45 Code, are amended to read as follows:
8-46 (d) Subsection (a) does not apply to a cemetery established
8-47 and operating before September 1, 1995, in a county with a
8-48 population of more than 250,000 [217,250] and less than 251,000
8-49 [217,450] that borders the Gulf of Mexico.
8-50 (k) This subsection applies only to a municipality with a
8-51 population of 110,000 [100,000] or more that is located in a county
8-52 with a population of less than 127,000 [120,000]. Not later than
8-53 September 1, 1994, a person may file a written application with the
8-54 governing body of the municipality to establish or use a cemetery
8-55 located inside the boundaries of the municipality. The
8-56 municipality by ordinance shall prescribe the information to be
8-57 included in the application. The governing body by ordinance may
8-58 authorize the establishment or use of a cemetery located inside the
8-59 boundaries of the municipality if the municipality determines and
8-60 states in the ordinance that the establishment or use of the
8-61 cemetery does not adversely affect public health, safety, and
8-62 welfare.
8-63 SECTION 40. Section 713.008, Health and Safety Code, is
8-64 amended to read as follows:
8-65 Sec. 713.008. TERMINATION OF MUNICIPAL TRUST BY CERTAIN
8-66 MUNICIPALITIES. The governing body of a municipality in a county
8-67 with a population of at least 128,000 [122,000] but not more than
8-68 133,000 [128,000] may abolish the municipality's perpetual trust
8-69 fund for a cemetery and use the fund, including both principal and
9-1 interest, for permanent improvements to the cemetery.
9-2 SECTION 41. Section 772.104, Health and Safety Code, is
9-3 amended to read as follows:
9-4 Sec. 772.104. APPLICATION OF SUBCHAPTER. This subchapter
9-5 applies to a county with a population of more than 3.3 [two]
9-6 million and the adjacent territory described by Section 772.105 in
9-7 which a district was created under Chapter 97, Acts of the 68th
9-8 Legislature, Regular Session, 1983, before January 1, 1988.
9-9 SECTION 42. Section 101.028(a), Human Resources Code, is
9-10 amended to read as follows:
9-11 (a) This section applies only to counties having a
9-12 population of not less than 23,750 [25,650] and not more than
9-13 24,000 [25,900] and to cities and towns within those counties.
9-14 SECTION 43. Section 43.034, Local Government Code, is amended
9-15 to read as follows:
9-16 Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
9-17 AREA; CERTAIN MUNICIPALITIES. A general-law municipality may annex
9-18 adjacent territory without the consent of any of the residents or
9-19 voters of the area and without the consent of any of the owners of
9-20 land in the area if:
9-21 (1) the municipality has a population of 1,000-1,300
9-22 [700-1,000], part of whose boundary is part of the shoreline of a
9-23 lake whose normal surface area is 75,000 acres or greater and which
9-24 is located completely within the State of Texas;
9-25 (2) the procedural rules prescribed by this chapter
9-26 are met;
9-27 (3) the service plan requires that police and fire
9-28 protection at a level consistent with protection provided within
9-29 the municipality must be provided to the area within 10 days after
9-30 the effective date of the annexation; and
9-31 (4) the municipality and the affected landowners have
9-32 not entered an agreement to not annex the area for a certain
9-33 period.
9-34 SECTION 44. Section 43.0751(n), Local Government Code, is
9-35 amended to read as follows:
9-36 (n) This subsection applies only to a municipality any
9-37 portion of which is located in a county that has a population of
9-38 more than 250,000 [200,000] and that borders the Gulf of Mexico and
9-39 is adjacent to a county with a population of more than 3.3 [2.8]
9-40 million. A municipality may impose within the boundaries of a
9-41 district a municipal sales and use tax authorized by Chapter 321,
9-42 Tax Code, or a municipal hotel occupancy tax authorized by Chapter
9-43 351, Tax Code, that is imposed in the municipality if:
9-44 (1) the municipality has annexed the district for
9-45 limited purposes under this section; or
9-46 (2) following two public hearings on the matter, the
9-47 municipality and the district enter a written agreement providing
9-48 for the imposition of the tax or taxes.
9-49 SECTION 45. Section 43.105, Local Government Code, is amended
9-50 by amending the section heading to read as follows:
9-51 Sec. 43.105. ANNEXATION OF STREETS BY CERTAIN SMALL
9-52 GENERAL-LAW MUNICIPALITIES [MUNICIPALITY WITH POPULATION OF 984-986
9-53 OR 4,540-4,545].
9-54 SECTION 46. Section 43.105(a), Local Government Code, is
9-55 amended to read as follows:
9-56 (a) A general-law municipality that has [with] a population
9-57 of 1096-1100 [984-986] and is located in a county with a population
9-58 of 85,000 or more, or that has a population of 5,240-5,280
9-59 [4,540-4,545] may annex, by ordinance and without the consent of
9-60 any person, a public street, highway, road, or alley adjacent to
9-61 the municipality.
9-62 SECTION 47. Section 84.005, Local Government Code, is amended
9-63 by amending the section heading to read as follows:
9-64 Sec. 84.005. PROCEDURE FOR APPOINTMENT AND TERM IN POPULOUS
9-65 COUNTY [WITH POPULATION OF TWO MILLION OR MORE].
9-66 SECTION 48. Section 84.005(a), Local Government Code, is
9-67 amended to read as follows:
9-68 (a) In a county with a population of 3.3 [two] million or
9-69 more, the district judges shall hold a meeting for the purpose of
10-1 appointing a county auditor. For a county auditor to be appointed,
10-2 a majority of the district judges must be present at the meeting
10-3 and a candidate for the office must receive at least a two-thirds
10-4 vote of the district judges who are present and voting at the
10-5 meeting. Each judge may nominate any number of candidates for the
10-6 office.
10-7 SECTION 49. Section 112.010(c), Local Government Code, is
10-8 amended to read as follows:
10-9 (c) At a regular meeting, the commissioners court of a
10-10 county with a population of 3.3 [2.2] million or more may by order
10-11 adopt as the county fiscal year a one-year period that begins on
10-12 October 1 or March 1 of each year. In the order, the commissioners
10-13 court may provide for the transition from one fiscal year to
10-14 another by designating an interim fiscal year that may be longer or
10-15 shorter than a 12-month period.
10-16 SECTION 50. Section 113.023(c), Local Government Code, is
10-17 amended to read as follows:
10-18 (c) In a county with more than 2.2 [1.2] million
10-19 inhabitants, the county clerk is relieved of all duties under
10-20 Subsections (a) and (b). In any other county that has the office
10-21 of county auditor, the commissioners court by order may relieve the
10-22 county clerk of all duties under Subsections (a) and (b). If the
10-23 county clerk is relieved of duties, the county treasurer shall
10-24 receive all deposits that are made in the county treasury. The
10-25 county treasurer shall prepare a receipt in triplicate for all
10-26 money received. The treasurer shall keep one copy of the receipt
10-27 and shall transmit the original to the county auditor and the other
10-28 copy to the depositor. The county auditor shall prescribe a system,
10-29 not inconsistent with this subsection, to be used by the county
10-30 treasurer for receiving and depositing money.
10-31 SECTION 51. Section 115.044, Local Government Code, is
10-32 amended by amending the section heading to read as follows:
10-33 Sec. 115.044. BIENNIAL INDEPENDENT AUDIT IN CERTAIN COUNTIES
10-34 [WITH POPULATION OF 191,500 TO 200,000].
10-35 SECTION 52. Section 115.044(a), Local Government Code, is
10-36 amended to read as follows:
10-37 (a) A county with a population of 239,000 [191,500] to
10-38 242,000 [200,000] shall conduct a biennial independent audit of all
10-39 books, records, and accounts of each district, county, and precinct
10-40 officer, agent, or employee, including those of the regular county
10-41 auditor, and of all governmental units of the county hospitals,
10-42 farms, and other institutions. The audit must cover all matters
10-43 relating to the fiscal affairs of the county. The audit shall be
10-44 conducted in each even-numbered year and must be completed before
10-45 December 31 of the year.
10-46 SECTION 53. The section heading to Section 118.133, Local
10-47 Government Code, is amended to read as follows:
10-48 Sec. 118.133. SHERIFF'S RESPONSE TO FALSE ALARM IN POPULOUS
10-49 COUNTY [WITH POPULATION OF MORE THAN 2.2 MILLION].
10-50 SECTION 54. Section 118.133(a), Local Government Code, is
10-51 amended to read as follows:
10-52 (a) The commissioners court of a county with a population of
10-53 more than 3.3 [2.2] million by order may adopt a system by which
10-54 the county charges a fee if the sheriff's office of the county
10-55 responds to a security alarm and the emergency for which the alarm
10-56 device was designed to give notice does not exist.
10-57 SECTION 55. The section heading to Section 130.905, Local
10-58 Government Code, is amended to read as follows:
10-59 Sec. 130.905. PETTY CASH FUND FOR COUNTY WELFARE DEPARTMENT
10-60 IN POPULOUS COUNTY [WITH POPULATION OF 800,000 OR MORE].
10-61 SECTION 56. Section 130.905(a), Local Government Code, is
10-62 amended to read as follows:
10-63 (a) The commissioners court of a county with a population of
10-64 1.3 million [800,000] or more, for the support of paupers through a
10-65 county welfare department, may authorize the disbursement of an
10-66 amount not to exceed $2,500 to the head of the county welfare
10-67 department for use as a petty cash fund in order that cash is
10-68 immediately available for transportation and other expenses of the
10-69 paupers. The petty cash fund must be established under a system
11-1 provided and installed by the county auditor with reports to be
11-2 made to the auditor, as the auditor may require, by the head of the
11-3 county welfare department.
11-4 SECTION 57. Section 130.909, Local Government Code, is
11-5 amended by amending the section heading to read as follows:
11-6 Sec. 130.909. PETTY CASH FUNDS IN POPULOUS COUNTY [WITH
11-7 POPULATION OF MORE THAN 2,000,000].
11-8 SECTION 58. Section 130.909(a), Local Government Code, is
11-9 amended to read as follows:
11-10 (a) The commissioners court of a county with a population of
11-11 3.3 million [2,000,000] or more may set aside from the general fund
11-12 of the county an amount approved by the county auditor for the
11-13 establishment of a petty cash fund for any county or district
11-14 official or department head approved by the commissioners court.
11-15 The petty cash fund must be established under a system provided and
11-16 installed by the county auditor and the county purchasing agent
11-17 with reports to be made to the auditor and the purchasing agent as
11-18 the auditor and/or purchasing agent require.
11-19 SECTION 59. Section 141.005, Local Government Code, is
11-20 amended by amending the section heading to read as follows:
11-21 Sec. 141.005. ELECTED OFFICERS IN POPULOUS MUNICIPALITIES
11-22 [WITH POPULATION OF 1.2 MILLION OR MORE].
11-23 SECTION 60. Section 141.005(a), Local Government Code, is
11-24 amended to read as follows:
11-25 (a) In a municipality with a population of 1.9 [1.2] million
11-26 or more, the governing body may set the amount of salary and
11-27 expenses to be paid to elected officers by ordinance adopted in
11-28 accordance with this section.
11-29 SECTION 61. Section 143.114(b), Local Government Code, is
11-30 amended to read as follows:
11-31 (b) In a municipality with a population of 1.5 [1.2] million
11-32 or more, the municipality's governing body may authorize assignment
11-33 pay for:
11-34 (1) helicopter personnel;
11-35 (2) bomb squad personnel;
11-36 (3) special weapons and tactics personnel;
11-37 (4) motorcycle personnel;
11-38 (5) dive team personnel; and
11-39 (6) police officers who perform specialized functions
11-40 in their respective departments, including but not limited to
11-41 career patrol officers.
11-42 SECTION 62. Section 143.115, Local Government Code, is
11-43 amended by amending the section heading to read as follows:
11-44 Sec. 143.115. PAYMENT OF ACCUMULATED VACATION LEAVE IN
11-45 POPULOUS MUNICIPALITY [WITH POPULATION OF 650,000 OR MORE].
11-46 SECTION 63. Section 143.115(a), Local Government Code, is
11-47 amended to read as follows:
11-48 (a) This section applies only to a municipality with a
11-49 population of 1.1 million [650,000] or more.
11-50 SECTION 64. Section 143.125, Local Government Code, is
11-51 amended by amending the section heading to read as follows:
11-52 Sec. 143.125. POLICE DEPARTMENT PROBATIONARY PERIOD AFTER
11-53 REAPPOINTMENT IN POPULOUS MUNICIPALITY [WITH POPULATION OF 1.2
11-54 MILLION OR MORE].
11-55 SECTION 65. Section 143.125(a), Local Government Code, is
11-56 amended to read as follows:
11-57 (a) This section applies only to a municipality with a
11-58 population of 1.5 [1.2] million or more.
11-59 SECTION 66. Section 152.035(b), Local Government Code, is
11-60 amended to read as follows:
11-61 (b) The commissioners court of a county with a population of
11-62 3.3 [two] million or more may reimburse an assistant of a county
11-63 auditor for the assistant's expenses that are the same kind as
11-64 those for which the county auditor may be reimbursed under
11-65 Subsection (a).
11-66 SECTION 67. Section 152.904(c), Local Government Code, is
11-67 amended to read as follows:
11-68 (c) The commissioners court of a county with a population of
11-69 250,000 [200,000] to 251,000 [220,000] shall set the annual salary
12-1 of the county judge at an amount equal to or greater than 90
12-2 percent of the salary, including supplements, of any district judge
12-3 in Galveston County. However, the salary may not be set at an
12-4 amount less than the salary paid the county judge on May 2, 1962.
12-5 SECTION 68. Section 157.042(a), Local Government Code, is
12-6 amended to read as follows:
12-7 (a) A county that has [with] a population of more than 1.3
12-8 million and in which a municipality with a population of more than
12-9 one million is primarily located [1,185,000] shall insure its
12-10 sheriff, constables, and full-time deputies of those officers
12-11 against liability to third persons arising from the operation or
12-12 maintenance of:
12-13 (1) county-owned or county-leased motor vehicles; and
12-14 (2) privately owned motor vehicles to the extent used
12-15 for the performance of county business or law enforcement duties.
12-16 SECTION 69. Section 157.904(a), Local Government Code, is
12-17 amended to read as follows:
12-18 (a) This section applies only to a sheriff's department in a
12-19 county with a population of 3.3 million [2,000,000] or more.
12-20 SECTION 70. Section 158.007(a), Local Government Code, is
12-21 amended to read as follows:
12-22 (a) In a county that has a population of more than 1.3
12-23 million [800,000] and a civil service system created under this
12-24 subchapter, the qualified voters of the county, voting at an
12-25 election called for that purpose, may determine whether the system
12-26 will be dissolved or expanded to cover the employees, except
12-27 licensed attorneys, of the office of district or criminal district
12-28 attorney, the adult and juvenile probation officers and their
12-29 assistants, personnel in the county auditor's office including all
12-30 assistant county auditors, and all other employees of the county
12-31 not included in the coverage of the system and not specifically
12-32 exempted by Section 158.013 or Subchapter B.
12-33 SECTION 71. Sections 158.038(b) and (c), Local Government
12-34 Code, are amended to read as follows:
12-35 (b) The sheriff of a county with a population of 3.3 million
12-36 [2,000,000] or less may designate as exempt from the civil service
12-37 system:
12-38 (1) the position of chief deputy;
12-39 (2) four positions of major deputy;
12-40 (3) one or more positions in the office of
12-41 departmental legal counsel; and
12-42 (4) additional positions in the department; provided,
12-43 however, that the sheriff may not designate as exempt a total of
12-44 more than 10 positions.
12-45 (c) The sheriff of a county with a population of more than
12-46 3.3 million [2,000,000] may designate as exempt from the civil
12-47 service system:
12-48 (1) the position of chief deputy;
12-49 (2) one or more positions in the office of
12-50 departmental legal counsel; and
12-51 (3) additional positions in the department, not to
12-52 exceed 25 in number, that have been determined by the civil service
12-53 commission to be administrative or supervisory positions; provided,
12-54 however, that the sheriff may not designate as exempt any position
12-55 in the deputy classifications of captain or below. The designation
12-56 of any such additional exempt position by the sheriff shall not
12-57 diminish the number of positions within the deputy classifications
12-58 of captain or below.
12-59 SECTION 72. Section 180.003(a), Local Government Code, is
12-60 amended to read as follows:
12-61 (a) In a county with a population of 239,000 [191,500] to
12-62 242,000 [200,000], a sheriff, deputy, constable, or other peace
12-63 officer of the county or a municipality located in the county may
12-64 not be required to be on duty more than 48 hours a week unless the
12-65 peace officer is called on by a superior officer to serve during an
12-66 emergency as determined by the superior officer.
12-67 SECTION 73. Section 211.014(a), Local Government Code, is
12-68 amended to read as follows:
12-69 (a) This section applies only to a municipality with a
13-1 population of 1.18 million [1,000,000] or more.
13-2 SECTION 74. Section 230.011, Local Government Code, is
13-3 amended to read as follows:
13-4 Sec. 230.011. MUNICIPALITY COVERED BY SUBCHAPTER. This
13-5 subchapter applies only to a municipality with a population of more
13-6 than 1.18 [one] million.
13-7 SECTION 75. The section heading to Section 232.006, Local
13-8 Government Code, is amended to read as follows:
13-9 Sec. 232.006. EXCEPTIONS FOR POPULOUS COUNTIES [WITH
13-10 POPULATION OF MORE THAN 2.2 MILLION] OR CONTIGUOUS COUNTIES.
13-11 SECTION 76. Section 232.006(a), Local Government Code, is
13-12 amended to read as follows:
13-13 (a) This section applies to a county:
13-14 (1) that has a population of more than 3.3 [2.2]
13-15 million or is contiguous with a county that has a population of
13-16 more than 3.3 [2.2] million; and
13-17 (2) in which the commissioners court by order elects
13-18 to operate under this section.
13-19 SECTION 77. The section heading to Section 242.002, Local
13-20 Government Code, is amended to read as follows:
13-21 Sec. 242.002. REGULATION OF SUBDIVISIONS IN POPULOUS
13-22 COUNTIES [WITH POPULATION OF MORE THAN 2.2 MILLION] OR CONTIGUOUS
13-23 COUNTIES.
13-24 SECTION 78. Section 262.025(d), Local Government Code, is
13-25 amended to read as follows:
13-26 (d) In a county with a population of 3.3 [2.2] million or
13-27 more, the county and any district or authority created under
13-28 Article XVI, Section 59, of the Texas Constitution of which the
13-29 governing body is the commissioners court may require that a
13-30 minimum of 25 percent of the work be performed by the bidder and,
13-31 notwithstanding any other law to the contrary, may establish
13-32 financial criteria for the surety companies that provide payment
13-33 and performance bonds.
13-34 SECTION 79. Section 263.101, Local Government Code, is
13-35 amended to read as follows:
13-36 Sec. 263.101. APPLICATION OF SUBCHAPTER TO POPULOUS COUNTIES
13-37 [WITH MORE THAN 700,000 POPULATION]. This subchapter applies only
13-38 to a county with a population of more than 1.3 million [700,000].
13-39 SECTION 80. Section 270.005, Local Government Code, is
13-40 amended by amending the section heading to read as follows:
13-41 Sec. 270.005. CONTRACTS WITH FEDERAL GOVERNMENT FOR
13-42 CONSTRUCTION IN POPULOUS COUNTY [WITH POPULATION OF 230,000 TO
13-43 250,000].
13-44 SECTION 81. Section 270.005(a), Local Government Code, is
13-45 amended to read as follows:
13-46 (a) The commissioners court of a county with a population of
13-47 251,000 [230,000] to 280,000 [250,000] may contract with the United
13-48 States government or a federal agency for:
13-49 (1) the joint construction or improvement of roads,
13-50 bridges, or other county improvements; or
13-51 (2) the maintenance of a project constructed under
13-52 this section.
13-53 SECTION 82. Section 271.025(e), Local Government Code, is
13-54 amended to read as follows:
13-55 (e) In a county with a population of 3.3 [2.2] million or
13-56 more, the county and any district or authority created under
13-57 Article XVI, Section 59, of the Texas Constitution of which the
13-58 governing body is the commissioners court may require that a
13-59 minimum of 25 percent of the work be performed by the bidder and,
13-60 notwithstanding any other law to the contrary, may establish
13-61 financial criteria for the surety companies that provide payment
13-62 and performance bonds.
13-63 SECTION 83. Section 271.055(e), Local Government Code, is
13-64 amended to read as follows:
13-65 (e) In a county with a population of 3.3 [2.2] million or
13-66 more, the county and any district or authority created under
13-67 Article XVI, Section 59, of the Texas Constitution of which the
13-68 governing body is the commissioners court may require that a
13-69 minimum of 25 percent of the work be performed by the bidder and,
14-1 notwithstanding any other law to the contrary, may establish
14-2 financial criteria for the surety companies that provide payment
14-3 and performance bonds.
14-4 SECTION 84. Section 292.001(d), Local Government Code, is
14-5 amended to read as follows:
14-6 (d) A justice of the peace court may not be housed or
14-7 conducted in a building located outside the court's precinct except
14-8 as provided by Section 27.051(f), Government Code, or unless the
14-9 justice of the peace court is situated in the county courthouse in
14-10 a county with a population of at least 242,000 [220,000] persons
14-11 but no more than 248,000 [230,000] persons.
14-12 SECTION 85. Section 292.023, Local Government Code, is
14-13 amended by amending the section heading to read as follows:
14-14 Sec. 292.023. FACILITIES IN CERTAIN COUNTIES [WITH
14-15 POPULATIONS OF 31,000 TO 31,200 AND 64,250 TO 64,500].
14-16 SECTION 86. Section 292.023(a), Local Government Code, is
14-17 amended to read as follows:
14-18 (a) This section applies only to a county with a population
14-19 of:
14-20 (1) 35,500 [31,000] to 36,000 [31,200]; or
14-21 (2) 76,500 [64,250] to 77,000 [64,500].
14-22 SECTION 87. Section 292.025, Local Government Code, is
14-23 amended by amending the section heading to read as follows:
14-24 Sec. 292.025. FACILITIES IN CERTAIN COUNTIES [WITH
14-25 POPULATIONS OF 26,500 TO 27,200].
14-26 SECTION 88. Section 292.025(a), Local Government Code, is
14-27 amended to read as follows:
14-28 (a) This section applies only to a county with a population
14-29 of 32,250 [26,500] to 32,350 [27,200].
14-30 SECTION 89. Section 292.027, Local Government Code, is
14-31 amended by amending the section heading to read as follows:
14-32 Sec. 292.027. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN
14-33 COUNTIES [WITH POPULATIONS OF 45,000 TO 50,000].
14-34 SECTION 90. Section 292.027(a), Local Government Code, is
14-35 amended to read as follows:
14-36 (a) This section applies only to a county with a population
14-37 of 54,000 [45,000] to 57,000 [50,000].
14-38 SECTION 91. Section 292.029, Local Government Code, is
14-39 amended by amending the section heading to read as follows:
14-40 Sec. 292.029. COURT FACILITIES IN POPULOUS COUNTIES [WITH
14-41 POPULATIONS OVER 1.2 MILLION].
14-42 SECTION 92. Section 292.029(a), Local Government Code, is
14-43 amended to read as follows:
14-44 (a) This section applies only to a county with a population
14-45 of 2.2 [1.2] million or more.
14-46 SECTION 93. Section 316.021, Local Government Code, is
14-47 amended by amending the section heading to read as follows:
14-48 Sec. 316.021. MUSEUMS AND HISTORIC SITES IN POPULOUS[:]
14-49 COUNTIES [WITH POPULATION OF 1,200,000 OR MORE].
14-50 SECTION 94. Section 316.021(a), Local Government Code, is
14-51 amended to read as follows:
14-52 (a) The commissioners court of a county with a population of
14-53 2.2 million [1,200,000] or more may charge and collect a fee from
14-54 the general public for admission to a county-operated museum,
14-55 historical site, historical building, or other similar building or
14-56 site.
14-57 SECTION 95. Section 316.022(a), Local Government Code, is
14-58 amended to read as follows:
14-59 (a) The commissioners court of a county with a population of
14-60 2.2 million [1,200,000] or more may enter into a contract with a
14-61 nonprofit organization authorizing the nonprofit organization to:
14-62 (1) manage and operate a museum, historical site,
14-63 historical building, or similar building or site in the county; and
14-64 (2) charge and collect a fee from the general public
14-65 for admission to the museum, historical site, historical building,
14-66 or similar building or site if the nonprofit organization is not
14-67 obligated to the county for capital improvements to the museum,
14-68 historical site, historical building, or similar building or site.
14-69 SECTION 96. Section 318.021, Local Government Code, is
15-1 amended to read as follows:
15-2 Sec. 318.021. APPROPRIATIONS TO HISTORICAL FOUNDATIONS:
15-3 CERTAIN COUNTIES [WITH POPULATION OF 191,500 TO 600,000]. The
15-4 commissioners court of a county with a population of 239,000
15-5 [191,500] to 825,000 [600,000] may appropriate money from the
15-6 general fund of the county to a historical foundation or
15-7 organization in the county for the purpose of purchasing,
15-8 constructing, restoring, preserving, maintaining, or reconstructing
15-9 historical landmarks, buildings, and furnishings that are of
15-10 historical significance to the county. The foundation or
15-11 organization must be incorporated under the law of this state as a
15-12 nonprofit corporation.
15-13 SECTION 97. Section 322.001, Local Government Code, is
15-14 amended to read as follows:
15-15 Sec. 322.001. ELIGIBLE COUNTIES. Two adjacent counties that
15-16 each have a population of one million [350,000] or more may create
15-17 a joint park board in accordance with this chapter for the purpose
15-18 of providing one or more public parks for the two counties.
15-19 SECTION 98. Section 334.002, Local Government Code, is
15-20 amended to read as follows:
15-21 Sec. 334.002. APPLICATION TO CERTAIN MUNICIPALITIES AND
15-22 COUNTIES. This chapter applies to a municipality with a population
15-23 of more than 1.9 [1.2] million and to a county with a population of
15-24 more than 3.3 [2.2] million only if the municipality and county
15-25 create a sports and community venue district under Chapter 335 and
15-26 only to the extent the use of this chapter by the district is
15-27 necessary or convenient for the creation or operation of the
15-28 district to the fullest extent authorized by Chapter 335.
15-29 SECTION 99. Section 335.054(a), Local Government Code, is
15-30 amended to read as follows:
15-31 (a) If the comptroller determines under Section 335.052 or
15-32 335.053 that implementation of the resolution will not have a
15-33 significant negative fiscal impact on state revenue, and, if
15-34 applicable, the rapid transit authority determines under Section
15-35 335.0535 or 335.0536 that the implementation will not have a
15-36 significant impact on the authority's ability to provide service
15-37 and will not impair any existing contracts, the board may order an
15-38 election or elections on the question of approving and implementing
15-39 the resolution. In a district created by a county with a
15-40 population of more than 3.3 [2.2] million and a municipality with a
15-41 population of more than 1.9 [1.2] million, the board may order one
15-42 district-wide election or may order a separate election in each
15-43 political subdivision that created the district. The election or
15-44 elections shall be held on the same day.
15-45 SECTION 100. Section 335.073(a), Local Government Code, is
15-46 amended to read as follows:
15-47 (a) A district in which an approved venue project is located
15-48 may issue bonds, including revenue bonds and refunding bonds, or
15-49 other obligations to pay the costs of the approved venue project.
15-50 For a district created by a county with a population of more than
15-51 3.3 [2.2] million and a municipality with a population of more than
15-52 1.9 [1.2] million, the power of the district to issue bonds or
15-53 other obligations is subject to the prior approval by the governing
15-54 bodies of the county and municipality.
15-55 SECTION 101. Section 341.904(b), Local Government Code, is
15-56 amended to read as follows:
15-57 (b) In a municipality with a population of 1.18 [one]
15-58 million or more, a person commits an offense if the person
15-59 intentionally or knowingly:
15-60 (1) uses, possesses, or wears:
15-61 (A) a police identification item of the
15-62 municipal police department;
15-63 (B) an item bearing the insignia or design
15-64 prescribed by the police chief of the municipality for officers and
15-65 employees of the municipal police department to use while engaged
15-66 in official activities; or
15-67 (C) within the municipal police department's
15-68 jurisdiction, an item that is deceptively similar to a police
15-69 identification item of the department;
16-1 (2) uses, within the municipal police department's
16-2 jurisdiction, the name of the department in connection with an
16-3 object to create the appearance that the object belongs to or is
16-4 used by the department; or
16-5 (3) uses, possesses, or operates, within the municipal
16-6 police department's jurisdiction, a marked patrol vehicle that is
16-7 deceptively similar to a department patrol vehicle.
16-8 SECTION 102. Section 351.081, Local Government Code, is
16-9 amended to read as follows:
16-10 Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The
16-11 commissioners court of a county with a population of more than 3.3
16-12 [2.2] million or a county that borders the Gulf of Mexico may
16-13 establish a department of county park rangers.
16-14 SECTION 103. Section 361.042, Local Government Code, is
16-15 amended by amending the section heading to read as follows:
16-16 Sec. 361.042. MUNICIPAL-COUNTY JAIL FACILITIES IN CERTAIN
16-17 COUNTIES [COUNTY WITH POPULATION OF 98,000 TO 100,000].
16-18 SECTION 104. Section 361.042(a), Local Government Code, is
16-19 amended to read as follows:
16-20 (a) Instead of providing and maintaining its own jail, the
16-21 commissioners court of a county with a population of 102,000
16-22 [98,000] to 104,300 [100,000] may provide safe and suitable jail
16-23 facilities for the county by contracting for the facilities with
16-24 the governing body of the municipality that is the county seat of
16-25 the county.
16-26 SECTION 105. Section 374.902(b), Local Government Code, is
16-27 amended to read as follows:
16-28 (b) A county with a population of more than 1.3 million
16-29 [700,000] may exercise the powers provided for municipalities under
16-30 this chapter with respect to areas of the county that are not
16-31 within the corporate boundaries of a municipality. The county may
16-32 not exercise those powers until the commissioners court of the
16-33 county adopts a resolution in the manner provided by Section
16-34 374.011 for adoption of a resolution by a municipality. The
16-35 resolution must be approved at an election held in the county in
16-36 the manner provided for a municipal election under Section 374.011.
16-37 The adoption of the resolution is not approved unless a majority of
16-38 the voters who vote on the question in the entire county as well as
16-39 in each municipality in the county approve the adoption of the
16-40 resolution. In a municipality that is only partially located in the
16-41 affected county, only voters who reside in the county may vote.
16-42 SECTION 106. Section 381.001(c), Local Government Code, is
16-43 amended to read as follows:
16-44 (c) In a county with a population of 13,000 [14,320] to
16-45 13,040 [14,340], or 15,900 [15,500] to 16,100 [15,600], or 18,570
16-46 [17,710] to 18,600 [17,800], or 24,000 [22,900] to 25,000 [23,000],
16-47 a person appointed to the commission also must be serving or must
16-48 have served on an industrial foundation committee, commissioners
16-49 court, municipality's governing body, or school board. In
16-50 addition, in those counties information obtained by the commission
16-51 shall be available to the commissioners court.
16-52 SECTION 107. Section 395.079(a), Local Government Code, is
16-53 amended to read as follows:
16-54 (a) Any county that has a population of 3.3 [2.2] million or
16-55 more or that borders a county with a population of 3.3 [2.2]
16-56 million or more, and any district or authority created under
16-57 Article XVI, Section 59, of the Texas Constitution within any such
16-58 county that is authorized to provide storm water, drainage, and
16-59 flood control facilities, is authorized to impose impact fees to
16-60 provide storm water, drainage, and flood control improvements
16-61 necessary to accommodate new development.
16-62 SECTION 108. Section 402.044(1), Local Government Code, is
16-63 amended to read as follows:
16-64 (1)(A) "Benefitted property" means an improved lot or
16-65 tract to which drainage service is made available under this
16-66 subchapter.
16-67 (B) "Benefitted property," in a municipality
16-68 with a population of more than 1.18 million [1,000,000] which is
16-69 operating a drainage utility system under this chapter, means a lot
17-1 or tract, but does not include land appraised for agricultural use,
17-2 to which drainage service is made available under this subchapter
17-3 and which discharges into a creek, river, slough, culvert, or other
17-4 channel that is part of the municipality's drainage utility system.
17-5 Sections 402.053(c)(2) and (c)(3) do not apply to a municipality
17-6 described in this subdivision.
17-7 SECTION 109. Section 412.012, Local Government Code, is
17-8 amended by amending the section heading to read as follows:
17-9 Sec. 412.012. CONTRACT FOR WATER SUPPLY AND SEWER SYSTEM IN
17-10 POPULOUS COUNTY [WITH MORE THAN 1.18 MILLION RESIDENTS].
17-11 SECTION 110. Section 412.012(a), Local Government Code, is
17-12 amended to read as follows:
17-13 (a) The commissioners court of a county that has [with] a
17-14 population of more than 1.3 [1.18] million and in which a
17-15 municipality with a population of more than one million is
17-16 primarily located may enter a contract with a district created
17-17 under Article III, Sections 52(b)(1) and (2), or Article XVI,
17-18 Section 59, of the Texas Constitution under which the district will
17-19 provide and operate a water supply system or sewage system in areas
17-20 of the county located outside the limits of a municipality.
17-21 SECTION 111. Section 445.002(a), Local Government Code, is
17-22 amended to read as follows:
17-23 (a) This section applies to a county with a population of:
17-24 (1) 14,350 [13,000] to 14,450 [13,100];
17-25 (2) 19,000 [17,250] to 19,200 [17,500];
17-26 (3) 20,100 [17,750] to 20,300 [17,870];
17-27 (4) 47,150 [36,350] to 47,350 [36,400];
17-28 (5) 37,900 [36,500] to 38,500 [37,000];
17-29 (6) 210,000 [185,000] to 220,000 [190,000;]
17-30 [(7) 200,000 to 225,000]; or
17-31 (7) [(8)] 235,000 or more.
17-32 SECTION 112. Section 445.011(b), Local Government Code, is
17-33 amended to read as follows:
17-34 (b) A county with a population of 36,650 [29,000] to 37,650
17-35 [29,500] may authorize the use of county equipment, machinery, and
17-36 employees to construct, establish, and maintain a public airstrip
17-37 in the county.
17-38 SECTION 113. Section 445.024(a), Local Government Code, is
17-39 amended to read as follows:
17-40 (a) The commissioners court of a county in which there is
17-41 located a rapid transit authority operating under Chapter 451,
17-42 Transportation Code, the principal municipality of which has a
17-43 population of more than 1.9 [1.2] million, may adopt an ordinance
17-44 of the principal municipality relating to the conduct of persons:
17-45 (1) on board a transit vehicle;
17-46 (2) awaiting transportation on a transit vehicle at a
17-47 bus stop or other place designated as a place of entry to or exit
17-48 from a transit vehicle;
17-49 (3) in a facility, including a building, storage unit,
17-50 or parking lot of the rapid transit authority; or
17-51 (4) in a transit route or other dedicated traffic lane
17-52 over which a transit vehicle travels and that is specifically
17-53 labeled or numbered for the purpose of picking up or discharging
17-54 passengers at regularly scheduled stops or intervals.
17-55 SECTION 114. Section 221.001(2), Natural Resources Code, is
17-56 amended to read as follows:
17-57 (2) "Eligible political subdivision" means:
17-58 (A) a county with a population of 3.3 million
17-59 [2,100,000] or more or a county adjacent to such a county; or
17-60 (B) a conservation and reclamation district:
17-61 (i) that is established under Section 59,
17-62 Article XVI, Texas Constitution;
17-63 (ii) the boundaries of which are within a
17-64 county that has a population of 3.3 million [2,100,000] or more;
17-65 and
17-66 (iii) that is authorized under other law
17-67 to participate in a program under this chapter.
17-68 SECTION 115. Section 2001.657(f), Occupations Code, is
17-69 amended to read as follows:
18-1 (f) The addition of territory to or detachment of territory
18-2 from a justice precinct does not affect the status under this
18-3 chapter of the added or detached territory, except that in a county
18-4 with a population of more than 3.3 [two] million the added or
18-5 detached territory assumes the status of the justice precinct of
18-6 which it becomes a part. The abolition of a justice precinct does
18-7 not affect the status under this chapter of the territory formerly
18-8 within the justice precinct.
18-9 SECTION 116. Section 62.012(a), Parks and Wildlife Code, is
18-10 amended to read as follows:
18-11 (a) This section applies only to a county having a
18-12 population of 3.3 million [2,000,000] or more. This section does
18-13 not apply to a person hunting or target shooting on a public or
18-14 private shooting range.
18-15 SECTION 117. Section 21.042(e), Property Code, is amended to
18-16 read as follows:
18-17 (e) If a portion of a tract or parcel of real property is
18-18 condemned for the use, construction, operation, or maintenance of
18-19 the state highway system or of a county toll project described by
18-20 Chapter 284, Transportation Code, that is eligible for designation
18-21 as part of the state highway system, or for the use, construction,
18-22 development, operation, or maintenance of an improvement or project
18-23 by a metropolitan rapid transit authority created before January 1,
18-24 1980, with a principal municipality having a population of less
18-25 than 1.9 million [1,200,000] and established under Chapter 451,
18-26 Transportation Code, the special commissioners shall determine the
18-27 damage to the property owner regardless of whether the property
18-28 owner makes a claim for damages to the remaining property. In
18-29 awarding compensation or assessing the damages, the special
18-30 commissioners shall consider any special and direct benefits that
18-31 arise from the highway improvement or the transit authority
18-32 improvement or project that are peculiar to the property owner and
18-33 that relate to the property owner's ownership, use, or enjoyment of
18-34 the particular parcel of remaining real property.
18-35 SECTION 118. Section 33.05(c), Tax Code, is amended to read
18-36 as follows:
18-37 (c) If there is no pending litigation concerning the
18-38 delinquent tax at the time of the cancellation and removal, the
18-39 collector for a taxing unit shall cancel and remove from the
18-40 delinquent tax roll:
18-41 (1) a tax on real property that has been delinquent
18-42 for more than 20 years;
18-43 (2) a tax on personal property that has been
18-44 delinquent for more than 10 years; and
18-45 (3) a tax on real property that has been delinquent
18-46 for more than 10 years if the property has been owned for at least
18-47 the preceding eight years by a home-rule municipality in a county
18-48 with a population of more than 3.3 [two] million.
18-49 SECTION 119. Section 311.011(f), Tax Code, is amended to read
18-50 as follows:
18-51 (f) In a zone designated under Section 311.005(a)(5) that is
18-52 located in a county with a population of 3.3 [2.1] million or more,
18-53 the project plan must provide that at least one-third of the tax
18-54 increment of the zone be used to provide affordable housing during
18-55 the term of the zone.
18-56 SECTION 120. Section 325.021(a), Tax Code, is amended to read
18-57 as follows:
18-58 (a) A county having a population of 48,000 [37,500] or less
18-59 that borders the Rio Grande containing a municipality with a
18-60 population of more than 22,000 [15,000] may adopt or abolish the
18-61 sales and use tax authorized by this chapter at an election held in
18-62 the county.
18-63 SECTION 121. Section 351.001(3), Tax Code, is amended to read
18-64 as follows:
18-65 (3) "Eligible municipality" means a municipality that
18-66 has a population of at least 1.9 million [1,200,000] and that has
18-67 adopted by ordinance a capital improvement plan for convention and
18-68 exposition facilities for the municipality.
18-69 SECTION 122. Section 351.106, Tax Code, is amended by
19-1 amending the section heading to read as follows:
19-2 Sec. 351.106. ALLOCATION OF REVENUE: POPULOUS
19-3 MUNICIPALITIES WITH [POPULATION OF ONE MILLION AND] COUNCIL-MANAGER
19-4 GOVERNMENT.
19-5 SECTION 123. Section 351.106(a), Tax Code, is amended to
19-6 read as follows:
19-7 (a) A municipality that has a population of 1.18 [one]
19-8 million or more and that has adopted a council-manager form of
19-9 government shall use the amount of revenue from the tax that is
19-10 derived from the application of the tax at a rate of more than four
19-11 percent of the cost of a room as follows:
19-12 (1) no more than 55 percent to:
19-13 (A) constructing, improving, enlarging,
19-14 equipping, and repairing the municipality's convention center
19-15 complex; or
19-16 (B) pledging payment of revenue bonds and
19-17 revenue refunding bonds issued under Chapter 1504, Government Code
19-18 [63, Acts of the 59th Legislature, Regular Session, 1965 (Article
19-19 1269j-4.1, Vernon's Texas Civil Statutes)], for the municipality's
19-20 convention center complex; and
19-21 (2) at least 45 percent for the purposes provided by
19-22 Section 351.101(a)(3).
19-23 SECTION 124. Section 352.002(a), Tax Code, as amended by
19-24 Chapters 117, 417, 418, and 469, Acts of the 75th Legislature,
19-25 Regular Session, 1997, is amended to read as follows:
19-26 (a) The commissioners courts of the following counties by
19-27 the adoption of an order or resolution may impose a tax on a person
19-28 who, under a lease, concession, permit, right of access, license,
19-29 contract, or agreement, pays for the use or possession or for the
19-30 right to the use or possession of a room that is in a hotel, costs
19-31 $2 or more each day, and is ordinarily used for sleeping:
19-32 (1) a county that has a population of more than 3.3
19-33 [two] million;
19-34 (2) a county that has a population of 90,000 or more,
19-35 borders the Republic of Mexico, and does not have three or more
19-36 cities that each have a population of more than 17,500;
19-37 (3) a county in which there is no municipality;
19-38 (4) a county in which there is located an Indian
19-39 reservation under the jurisdiction of the United States government;
19-40 (5) a county that has a population of 17,500 or less,
19-41 that has no more than one municipality with a population of less
19-42 than 2,500, and that borders two counties located wholly in the
19-43 Edwards Aquifer Authority established by Chapter 626, Acts of the
19-44 73rd Legislature, Regular Session, 1993;
19-45 (6) a county that borders the Gulf of Mexico;
19-46 (7) a county that has a population of less than 5,000,
19-47 that borders the Republic of Mexico, and in which there is located
19-48 a major observatory;
19-49 (8) a county that has a population of 12,000 [10,000]
19-50 or less and borders the Toledo Bend Reservoir;
19-51 (9) a county that has a population of less than 12,000
19-52 [10,000] and an area of less than 275 square miles;
19-53 (10) a county that has a population of 30,000 or less
19-54 and borders Possum Kingdom Lake;
19-55 (11) a county that borders the Republic of Mexico and
19-56 has a population of more than 300,000 [250,000] and less than
19-57 600,000 [500,000];
19-58 (12) a county that has a population of 35,000 [29,000]
19-59 or more and borders or contains a portion of Lake Fork
19-60 Reservoir;[.]
19-61 (13) [(12)] a county that borders the Republic of
19-62 Mexico and in which there is located a national recreation area;[.]
19-63 (14) [(12)] a county that borders the Republic of
19-64 Mexico and in which there is located a national park of more than
19-65 400,000 acres;[.]
19-66 (15) [(12)] a county that has a population of 28,000
19-67 [25,000] or less, that has no more than four municipalities, and
19-68 that is located wholly in the Edwards Aquifer Authority established
19-69 by Chapter 626, Acts of the 73rd Legislature, Regular Session,
20-1 1993; and
20-2 (16) [(13)] a county that has a population of 25,000
20-3 or less, whose territory is less than 750 square miles, and that
20-4 has two incorporated municipalities, each with a population of 800
20-5 or less, located on the Frio River.
20-6 SECTION 125. Sections 352.003(a) and (b), Tax Code, are
20-7 amended to read as follows:
20-8 (a) Except as provided by this section the tax authorized by
20-9 this chapter may be imposed at any rate not to exceed seven percent
20-10 of the price paid for a room in a hotel or, until January 1, 2001,
20-11 eight percent of the price paid for a room in a hotel in a county
20-12 with a population of more than 3.3 [two] million.
20-13 (b) The county tax rate in a municipality that has a
20-14 population of 1.9 million [1,200,000] or more may not exceed two
20-15 percent of the price paid for a room in a hotel.
20-16 SECTION 126. Section 352.101, Tax Code, is amended by
20-17 amending the section heading to read as follows:
20-18 Sec. 352.101. USE OF REVENUE IN POPULOUS[:] COUNTIES [OF
20-19 MORE THAN TWO MILLION PERSONS].
20-20 SECTION 127. Sections 352.101(a) and (b), Tax Code, are
20-21 amended to read as follows:
20-22 (a) The revenue from a tax imposed under this chapter by a
20-23 county having a population of more than 3.3 [two] million may be
20-24 used only for:
20-25 (1) the acquisition of sites for and the construction,
20-26 improvement, enlarging, equipping, repairing, operation, and
20-27 maintenance of public improvements such as civic centers, civic
20-28 center buildings, auditoriums, exhibition halls, coliseums, and
20-29 stadiums, including sports and other facilities that serve the
20-30 purpose of attracting visitors and tourists to the county, and
20-31 parking areas or facilities for the parking or storage of motor
20-32 vehicles or other conveyances, hotels owned by a municipality or a
20-33 nonprofit municipally sponsored local government corporation
20-34 created under Chapter 431, Transportation Code, within 1,000 feet
20-35 of a convention center owned by a municipality with a population of
20-36 1,500,000 or more, or a historic hotel owned by a municipality or a
20-37 nonprofit municipally sponsored local government corporation
20-38 created under Chapter 431, Transportation Code, within one mile of
20-39 a convention center owned by a municipality with a population of
20-40 1,500,000 or more;
20-41 (2) the furnishing of facilities, personnel, and
20-42 materials for the registration of convention delegates or
20-43 registrants; and
20-44 (3) general promotion and tourist advertising of the
20-45 county and its vicinity and conducting a solicitation program to
20-46 attract conventions and visitors, any of which may be conducted by
20-47 the county or through contracts with persons or organizations
20-48 selected by the county.
20-49 (b) A county having a population of more than 3.3 [two]
20-50 million shall endeavor to coordinate its promotional and
20-51 advertising activities conducted under authority of Subsection
20-52 (a)(3) with the city having the largest population in the county.
20-53 SECTION 128. Section 352.105, Tax Code, is amended to read
20-54 as follows:
20-55 Sec. 352.105. ALLOCATION OF REVENUE: COUNTIES OF MORE THAN
20-56 3.3 [TWO] MILLION. In each county fiscal year, a county with a
20-57 population of more than 3.3 [two] million that levies a tax under
20-58 this chapter must spend for the purposes provided by Section
20-59 352.101(a)(3) an amount that is not less than 15 percent of the
20-60 amount of revenue derived from the application of the tax at a rate
20-61 of one percent.
20-62 SECTION 129. Section 284.201, Transportation Code, is amended
20-63 to read as follows:
20-64 Sec. 284.201. APPLICABILITY OF SUBCHAPTER. This subchapter
20-65 applies only to a county with a population of more than 3.3 [2.2]
20-66 million.
20-67 SECTION 130. Section 285.001, Transportation Code, is
20-68 amended to read as follows:
20-69 Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR.
21-1 To promote the public safety, the commissioners court of a county
21-2 with a population of more than 2.2 [1.4] million by order may
21-3 regulate the following if they occur on a public highway or road in
21-4 the unincorporated area of the county or in the right-of-way of the
21-5 highway or road:
21-6 (1) the sale of items by a vendor of food or
21-7 merchandise;
21-8 (2) the erection, maintenance, or placement of a
21-9 structure by a vendor of food or merchandise; and
21-10 (3) the solicitation of money.
21-11 SECTION 131. Section 311.073(b), Transportation Code, is
21-12 amended to read as follows:
21-13 (b) In a municipality with a population of more than 1.9
21-14 [1.2] million, the number of registered voters who must sign the
21-15 petition may be set at a lower number by the municipal charter.
21-16 SECTION 132. Section 361.281, Transportation Code, is
21-17 amended to read as follows:
21-18 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
21-19 applies only to:
21-20 (1) a county with a population of more than 1.5
21-21 million;
21-22 (2) a local government corporation serving a county
21-23 with a population of more than 1.5 million;
21-24 (3) an adjacent county in a joint turnpike authority
21-25 with a county with a population of more than 1.5 million;
21-26 (4) a municipality with a population of more than
21-27 170,000 [120,000] that is adjacent to the United Mexican States; or
21-28 (5) a regional tollway authority created under Chapter
21-29 366.
21-30 SECTION 133. Section 365.013(b), Transportation Code, is
21-31 amended to read as follows:
21-32 (b) A district may not construct a toll structure within two
21-33 miles of the intersection of the toll road and a federal highway
21-34 unless the toll structure is located in a county with a population
21-35 of more than 3.3 [2.1] million or a county adjacent to a county
21-36 with a population of more than 3.3 [2.1] million.
21-37 SECTION 134. Section 395.051(a), Transportation Code, is
21-38 amended to read as follows:
21-39 (a) This subchapter applies only to a county with a
21-40 population of more than 3.3 [two] million.
21-41 SECTION 135. Section 397.001, Transportation Code, is
21-42 amended to read as follows:
21-43 Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter applies
21-44 only to an automotive wrecking and salvage yard that:
21-45 (1) is in a county with a population of 3.3 [two]
21-46 million or more;
21-47 (2) is not located within a municipality in that
21-48 county; and
21-49 (3) is established on or after September 1, 1983.
21-50 SECTION 136. Section 451.509(a), Transportation Code, is
21-51 amended to read as follows:
21-52 (a) In an authority in which the principal municipality has
21-53 a population of less than 750,000 [500,000] and in which the
21-54 authority's sales and use tax is imposed at a rate of one percent,
21-55 a member of the board may be removed from office for any ground
21-56 described by Section 451.510 by a majority vote of the entity that
21-57 appointed the member.
21-58 SECTION 137. Section 451.519(b), Transportation Code, is
21-59 amended to read as follows:
21-60 (b) Except as provided by Subsection (c), an authority in
21-61 which the principal municipality has a population of more than 1.1
21-62 million [600,000] shall pay a member $50 for each meeting of the
21-63 board attended by the member not exceeding five meetings in a
21-64 calendar month.
21-65 SECTION 138. Sections 452.001(7) and (8), Transportation
21-66 Code, are amended to read as follows:
21-67 (7) "Metropolitan area" means a federal standard
21-68 metropolitan statistical area having a population of more than
21-69 500,000, not more than 60 percent of which resides in
22-1 municipalities having a population of more than 350,000 [300,000].
22-2 (8) "Principal municipality" means a municipality
22-3 having a population of at least 350,000 [300,000].
22-4 SECTION 139. Section 502.173(a), Transportation Code, is
22-5 amended to read as follows:
22-6 (a) The commissioners court of a county that has [with] a
22-7 population greater than 1.3 [1.18] million and in which a
22-8 municipality with a population of more than one million is
22-9 primarily located may impose by order an additional fee of not less
22-10 than 50 cents or more than $1.50 for registering a vehicle in the
22-11 county. The commissioners court of any other [a] county [with a
22-12 population less than 1.18 million] may impose by order an
22-13 additional fee of not more than $1.50 for registering a vehicle in
22-14 the county.
22-15 SECTION 140. Section 502.284(b), Transportation Code, is
22-16 amended to read as follows:
22-17 (b) If an owner of a golf cart resides on real property that
22-18 is owned or under the control of the United States Corps of
22-19 Engineers and is required by that agency to register the owner's
22-20 golf cart under this chapter, the fee for registering the golf cart
22-21 is $10. This subsection applies only to an owner of a golf cart who
22-22 resides in a county that borders another state and has a population
22-23 of more than 110,000 [95,000] but less than 111,000 [100,000].
22-24 SECTION 141. Section 545.306(a), Transportation Code, is
22-25 amended to read as follows:
22-26 (a) The commissioners court of a county with a population of
22-27 3.3 [2.2] million or more shall by ordinance provide for the
22-28 licensing of or the granting of a permit to a person to remove or
22-29 store a vehicle authorized by Section 545.305 to be removed in an
22-30 unincorporated area of the county. The ordinance must include
22-31 rules to ensure the protection of the public and the safe and
22-32 efficient operation of towing and storage services in the county.
22-33 The sheriff shall determine the rules included in the ordinance
22-34 with the review and consent of the commissioners court.
22-35 SECTION 142. Section 685.004(b), Transportation Code, is
22-36 amended to read as follows:
22-37 (b) In a municipality with a population of 1.9 million
22-38 [1,200,000] or more, a hearing under this chapter is before a judge
22-39 of a municipal court in whose jurisdiction is the location from
22-40 which the vehicle was removed.
22-41 SECTION 143. Section 16.323(c), Water Code, is amended to
22-42 read as follows:
22-43 (c) This section applies only to a county that:
22-44 (1) contains two or more municipalities each of which
22-45 has a population of 250,000 or more;
22-46 (2) has a population of 2.8 million or more; or
22-47 (3) has a population of 425,000 [270,000] or more and
22-48 is adjacent to two or more counties each of which has a population
22-49 of 1.4 [one] million or more.
22-50 SECTION 144. Section 53.029(a), Water Code, is amended to
22-51 read as follows:
22-52 (a) This section applies to a district located in a county
22-53 that:
22-54 (1) has [having] a population of 1.3 [1.18] million or
22-55 more and in which a municipality with a population of more than one
22-56 million is primarily located; or
22-57 (2) is adjacent to a county having the characteristics
22-58 described by Subdivision (1) [a population of 1.18 million or more,
22-59 according to the last preceding federal census].
22-60 SECTION 145. Section 54.016(h), Water Code, is amended to
22-61 read as follows:
22-62 (h) A city with a population of 1.18 [1] million or less may
22-63 provide in its written consent for the inclusion of land in a
22-64 district that after annexation the city may set rates for water
22-65 and/or sewer services for property that was within the territorial
22-66 boundary of such district at the time of annexation, which rates
22-67 may vary from those for other properties within the city for the
22-68 purpose of wholly or partially compensating the city for the
22-69 assumption of obligation under this code providing that:
23-1 (1) such written consent contains a contract entered
23-2 into by the city and the persons petitioning for creation of the
23-3 district setting forth the time and/or the conditions of annexation
23-4 by the city which annexation shall not occur prior to the
23-5 installation of 90 percent of the facilities for which district
23-6 bonds were authorized in the written consent; and that
23-7 (2) the contract sets forth the basis on which rates
23-8 are to be charged for water and/or sewer services following
23-9 annexation and the length of time they may vary from those rates
23-10 charged elsewhere in the city; and that
23-11 (3) the contract may set forth the time, conditions,
23-12 or lands to be annexed by the district; and that
23-13 (4)(A) Each purchaser of land within a district which
23-14 has entered into a contract with a city concerning water and/or
23-15 sewer rates as set forth herein shall be furnished by the seller at
23-16 or prior to the final closing of the sale and purchase with a
23-17 separate written notice, executed and acknowledged by the seller,
23-18 which shall contain the following information:
23-19 (i) the basis on which the monthly water
23-20 and/or sewer rate is to be charged under the contract stated as a
23-21 percentage of the water and/or sewer rates of the city;
23-22 (ii) the length of time such rates will be
23-23 in effect;
23-24 (iii) the time and/or conditions of
23-25 annexation by the city implementing such rates.
23-26 The provisions of Sections 49.452(g)-(p) and (s) [50.301(d)
23-27 through Section 50.301(n), as amended, and Section 50.301(p)],
23-28 Water Code, are herein incorporated by reference thereto, and are
23-29 applicable to the separate written notice required by Section
23-30 54.016(h)(4).
23-31 A suit for damages under the provisions of these referenced
23-32 sections must be brought within 90 days after the purchaser
23-33 receives his or her first water and/or sewer service charge
23-34 following annexation, or the purchaser loses his or her right to
23-35 seek damages under this referenced section.
23-36 (B) The governing board of any district covered
23-37 by the provisions of this subsection shall file with the county
23-38 clerk in each of the counties in which all or part of the district
23-39 is located a duly affirmed and acknowledged statement which
23-40 includes the information required in Section 54.016(h)(4)(A) and a
23-41 complete and accurate map or plat showing the boundaries of the
23-42 district.
23-43 The provisions of Sections 49.455(c)-(j)[50.302(c) through
23-44 Section 50.302(j)], Water Code, [as amended,] are herein
23-45 incorporated by reference thereto.
23-46 SECTION 146. Section 57.213(d), Water Code, is amended to
23-47 read as follows:
23-48 (d) A district that taxes on the benefit basis and that is
23-49 located in a county with a population of over 1.3 million [800,000,
23-50 according to the last preceding federal census,] may refund
23-51 outstanding bonds or matured interest coupons on bonds issued by
23-52 the district with new coupon bonds payable not more than 75 years
23-53 from their date.
23-54 SECTION 147. Section 59.001(b), Water Code, is amended to
23-55 read as follows:
23-56 (b) This chapter applies only in counties with a population
23-57 of at least 3.3 [2.2] million[, according to the most recent
23-58 federal census,] or bordering a county with a population of at
23-59 least 3.3 [2.2] million[, according to the most recent federal
23-60 census].
23-61 SECTION 148. Section 65.001(10), Water Code, is amended to
23-62 read as follows:
23-63 (10) "Water supply or sewer service corporation" means
23-64 any member-owned, member-controlled, nonprofit water supply or
23-65 sewer service corporation created and operating under Chapter 67,
23-66 that:
23-67 (A) provides water supply services to
23-68 noncontiguous subdivisions in two or more counties, at least one of
23-69 which counties has a population greater than 3.3 [two] million; or
24-1 (B) is providing the services of a water supply
24-2 or sewer service corporation under a certificate of convenience and
24-3 necessity issued by the commission or a predecessor agency.
24-4 SECTION 149. Section 67.011, Water Code, is amended to read
24-5 as follows:
24-6 Sec. 67.011. POWERS OF CORPORATION IN CERTAIN COUNTIES. In
24-7 a county with a population of less than 3.3 [two] million, a
24-8 corporation may:
24-9 (1) own, hold, lease, or otherwise acquire water
24-10 wells, springs, or other sources of water supply;
24-11 (2) build, operate, and maintain pipelines to
24-12 transport water or wastewater;
24-13 (3) build and operate plants and equipment necessary
24-14 to distribute water or to treat and dispose of wastewater; and
24-15 (4) sell water or provide wastewater services to a
24-16 political subdivision, a private corporation, or an individual.
24-17 SECTION 150. Section 6.02(b), Texas Racing Act (Article 179e,
24-18 Vernon's Texas Civil Statutes), is amended to read as follows:
24-19 (b) A class 1 racetrack is a racetrack on which live racing
24-20 is conducted for a number of days in a calendar year, the number of
24-21 days and the actual dates to be determined by the commission under
24-22 Article 8 of this Act. A class 1 racetrack may operate only in a
24-23 county with a population of not less than 1.3 million [750,000,
24-24 according to the most recent federal census], or in a county
24-25 adjacent to a county with such a population. Not more than three
24-26 class 1 racetracks may be licensed and operated in this state.
24-27 SECTION 151. Section 6.17(b), Texas Racing Act (Article 179e,
24-28 Vernon's Texas Civil Statutes), is amended to read as follows:
24-29 (b) If the racetrack is a class 1 racetrack, the
24-30 commissioners court of each county with a population of not less
24-31 than 1.3 million [750,000] adjacent to the county in which the
24-32 racetrack is located may each collect fees equal to the fees
24-33 authorized by Subsection (a) of this section.
24-34 SECTION 152. Section 16.14, Texas Racing Act (Article 179e,
24-35 Vernon's Texas Civil Statutes), is amended to read as follows:
24-36 Sec. 16.14. CONTEST OF ELECTION; BOND. At any time prior to
24-37 the entry of a final judgment in the proceedings, any party may ask
24-38 the court to dismiss the contestant's action unless the contestant
24-39 posts a bond with sufficient surety, approved by the court, payable
24-40 to the movant for the payment of all damages and costs that may
24-41 accrue by reason of the delay that will be occasioned by the
24-42 continued participation of the contestant in the proceedings in the
24-43 event that the contestant fails to finally prevail and obtain
24-44 substantially the judgment prayed for in the petition. The court
24-45 shall then issue an order directed to the contestant, which order,
24-46 together with a copy of the motion, shall be served on all parties,
24-47 or on their attorney of record, personally or by registered mail,
24-48 requiring the contestant to appear at the time and place, not
24-49 sooner than five nor later than 10 days after receipt of the order
24-50 and motion, as the court may direct, and show cause why the motion
24-51 should not be granted. [The maximum bond that the court may set is
24-52 $10,000 for contests of elections for tracks to be located in a
24-53 county with a population of less than 1.18 million, according to
24-54 the most recent federal census.] The maximum bond that the court
24-55 may set is $100,000 for contests of elections for tracks to be
24-56 located in a county that has [with] a population of 1.3 [1.18]
24-57 million or more and in which a municipality with a population of
24-58 more than one million is primarily located [, according to the most
24-59 recent federal census]. The maximum bond that the court may set is
24-60 $10,000 for contests of elections for tracks to be located in any
24-61 other county. Motions with respect to more than one contestant may
24-62 be heard together if so directed by the court. Unless at the
24-63 hearing on the motion the contestant establishes facts that in the
24-64 judgment of the court would entitle the contestant to a temporary
24-65 injunction against the issuance of licenses on the basis of the
24-66 election in question, the court shall grant the motion of the
24-67 movant and in its order the court shall fix the amount of the bond
24-68 to be posted by the contestant in an amount found by the court to
24-69 be sufficient to cover all damages and costs that may accrue by
25-1 reason of the delay that will be occasioned by the continued
25-2 participation of the contestant in the proceedings in the event
25-3 that the contestant fails to prevail and obtain substantially the
25-4 judgment prayed for in its petition.
25-5 SECTION 153. Section 1, Chapter 511, Acts of the 58th
25-6 Legislature, Regular Session, 1963 (Article 2676a, Vernon's Texas
25-7 Civil Statutes), is amended to read as follows:
25-8 Sec. 1. From and after the effective date of this Act in any
25-9 county in this State having a population of not less than 239,000
25-10 [191,500] and not more than 242,000 [200,000, according to the last
25-11 preceding federal census], the general management and control of
25-12 the public free schools and high schools in each county unless
25-13 otherwise provided by law shall be vested in five (5) county school
25-14 trustees elected from the county, one of whom shall be elected from
25-15 the county at large by the qualified voters of the county and one
25-16 from each commissioners precinct by the qualified voters of each
25-17 commissioners precinct, who shall hold office for a term of two (2)
25-18 years. The time for such election shall be the first Saturday in
25-19 April of each year; the order for the election of county school
25-20 trustees to be made by the County Judge at least thirty (30) days
25-21 prior to the date of said election, and which order shall designate
25-22 as voting places or places at which votes are cast for the district
25-23 trustees of said common and independent school districts,
25-24 respectively. The election officers appointed to hold the election
25-25 for district trustees in each of said school districts,
25-26 respectively, shall hold this election for county school trustees.
25-27 SECTION 154. Section 1, Chapter 233, Acts of the 59th
25-28 Legislature, Regular Session, 1965 (Article 2676b, Vernon's Texas
25-29 Civil Statutes), is amended to read as follows:
25-30 Sec. 1. This Act applies to a county-wide school district in
25-31 a county having a population of more than 5,200 [5,100] and less
25-32 than 5,283 [5,125 according to the last preceding federal census].
25-33 The Board of Trustees may order that the trustees of the district
25-34 shall run at large in the county. If the Board orders that its
25-35 members shall run at large, each position shall be filled by
25-36 election from the county at large upon expiration of the current
25-37 term of office.
25-38 SECTION 155. Section 1, Chapter 595, Acts of the 59th
25-39 Legislature, Regular Session, 1965 (Article 2676c, Vernon's Texas
25-40 Civil Statutes), is amended to read as follows:
25-41 Sec. 1. ELECTIONS FOR COUNTY SCHOOL TRUSTEES IN CERTAIN
25-42 COUNTIES. This Act applies to the elections for county school
25-43 trustees in all counties having a population of 3.3 million
25-44 [2,000,000] or more[, according to the last preceding federal
25-45 census].
25-46 SECTION 156. Section 1(b), Chapter 63, Acts of the 57th
25-47 Legislature, 3rd Called Session, 1962 (Article 2688h, Vernon's
25-48 Texas Civil Statutes), is amended to read as follows:
25-49 (b) From and after May 1, 1962, the office of the county
25-50 board of school trustees and the office of county superintendent
25-51 shall cease to exist in any county in this State having a
25-52 population of not less than 250,000 [200,000] and not more than
25-53 251,000 [220,000 according to the last preceding federal census]
25-54 which has no common school district and whose county ad valorem
25-55 evaluation is in excess of Two Hundred Fifty Million Dollars
25-56 ($250,000,000); provided, however, that the county superintendents
25-57 in such counties who have been heretofore elected or appointed to
25-58 the office of county superintendent shall serve until the
25-59 expiration of the term for which they were elected or appointed.
25-60 The duties now performed by the board of school trustees and county
25-61 superintendents in such counties shall be performed by the County
25-62 Judges of such counties.
25-63 SECTION 157. Sections 5 and 6, Chapter 706, Acts of the 59th
25-64 Legislature, Regular Session, 1965 (Article 2688i-1, Vernon's Texas
25-65 Civil Statutes), are amended to read as follows:
25-66 Sec. 5. The provisions of this Act shall not apply to
25-67 counties having a population of not less than 5,200 [5,000] and not
25-68 more than 5,283 [5,120] and to counties having a population of not
25-69 less than 47,150 [36,350] and not more than 47,350 [36,500
26-1 according to the last preceding federal census].
26-2 Sec. 6. No county having a population of more than 32,350
26-3 [25,100] and less than 32,400 [25,500 according to the last
26-4 preceding federal census,] shall have the offices of county school
26-5 superintendent, ex officio county school superintendent, and county
26-6 board of education.
26-7 All duties and functions, except as hereafter provided, that
26-8 are otherwise required by law of the office of county school
26-9 superintendent or ex officio county school superintendent governed
26-10 by this section shall be performed by the superintendents of the
26-11 independent and rural high school districts, and all duties that
26-12 may otherwise be required by law of the county board of education
26-13 governed by this section shall be performed by the elected Board of
26-14 Trustees of such independent and rural high school districts,
26-15 except that the County Judge shall, without pay from the State of
26-16 Texas, continue to approve or disapprove application for school
26-17 transfers. The Commissioners Court of such county shall hereafter
26-18 receive, hear and pass upon all petitions for the calling of
26-19 elections for the creation, change or abolishment of county school
26-20 districts and all authorized appeals from the independent school
26-21 Board of Trustees shall be made directly to the State Board of
26-22 Education or to the courts as provided by law.
26-23 All school records of the original independent and/or common
26-24 school district governed by this section, shall be transferred to
26-25 the control and custody of the independent school district office,
26-26 located at the county seat, save and except the original financial
26-27 records which shall be retained by the county treasurer, and
26-28 thereafter the County Judge shall be required to make no records or
26-29 reports but said reports shall be made by the superintendent of
26-30 such independent or rural school district; that as soon as
26-31 practicable after the effective date of this Act, all remaining
26-32 State funds in the hands of the county board of education shall be
26-33 transferred by the county treasurer and the County Judge to the
26-34 independent and rural high school districts in proportion to the
26-35 number of scholastics enrolled in such districts.
26-36 SECTION 158. Sections 2 and 3, Chapter 916, Acts of the 62nd
26-37 Legislature, Regular Session, 1971 (Article 4477-1a, Vernon's Texas
26-38 Civil Statutes), are amended to read as follows:
26-39 Sec. 2. PROHIBITION. No municipal corporation with a
26-40 population of not less than one million [600,000] nor more than
26-41 1.18 million [950,000 according to the last preceding Federal
26-42 census,] may discharge any municipal sewage into any open pond, the
26-43 surface area of which pond covers more than 100 acres, if the
26-44 discharge will cause or result in a nuisance. The Texas Water
26-45 Quality Board, acting with the Texas Air Control Board and the
26-46 Texas State Department of Health, shall make periodic inspections
26-47 of such ponds as necessary, but at least once every year, and shall
26-48 ascertain whether such pond is causing or will cause or result in a
26-49 nuisance.
26-50 If the Texas Water Quality Board, acting in accord with the
26-51 Texas Air Control Board and the Texas State Department of Health,
26-52 shall ascertain that the maintenance of such pond creates or
26-53 continues a nuisance, it shall advise the municipal corporation
26-54 making such discharge and shall allow such municipal corporation
26-55 adequate time to abate such nuisance.
26-56 Sec. 3. PENALTY. [(a)] Any municipal corporation with a
26-57 population of not less than one million [600,000] nor more than
26-58 1.18 million [950,000] which fails to abate a nuisance pursuant to
26-59 a directive of the Texas Water Quality Board as provided in Section
26-60 2 above, within a reasonable time after notification of such
26-61 failure by the Texas Water Quality Board, shall be liable to a
26-62 civil penalty of not more than $1,000 a day for each day that it
26-63 maintains such a nuisance.
26-64 SECTION 159. Section 4A(a), Development Corporation Act of
26-65 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
26-66 read as follows:
26-67 (a) This section applies only to a city:
26-68 (1) located in a county with a population of 500,000
26-69 or fewer [according to the most recent federal decennial census];
27-1 or
27-2 (2) with a population of fewer than 50,000 [according
27-3 to the most recent federal decennial census] that:
27-4 (A) is located in two or more counties, one of
27-5 which has a population of 500,000 or greater [according to the most
27-6 recent federal decennial census];
27-7 (B) is located within the territorial limits but
27-8 has not elected to become a part of a metropolitan rapid transit
27-9 authority that has a principal city with a population of less than
27-10 1.9 [1.2] million [according to the most recent federal decennial
27-11 census,] with such authority being created before January 1, 1980,
27-12 under Chapter 141, Acts of the 63rd Legislature, Regular Session,
27-13 1973 (Article 1118x, Vernon's Texas Civil Statutes); or
27-14 (C) is located within the territorial limits but
27-15 has not elected to become a part of a metropolitan rapid transit
27-16 authority that has a principal city with a population of more than
27-17 750,000 [according to the most recent federal decennial census,]
27-18 with such authority being created under Chapter 683, Acts of the
27-19 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
27-20 Texas Civil Statutes).
27-21 SECTION 160. Section 4B(a)(1), Development Corporation Act of
27-22 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
27-23 read as follows:
27-24 (1) "Eligible city" means a city:
27-25 (A) that is located in a county with a
27-26 population of 1.3 million [750,000] or more[, according to the most
27-27 recent federal decennial census] and in which the combined rate of
27-28 all sales and use taxes imposed by the city, the state, and other
27-29 political subdivisions of the state having territory in the city
27-30 does not exceed 8.25 percent on the date of any election held under
27-31 or made applicable to this section;
27-32 (B) that has a population of 400,000 or more[,
27-33 according to the most recent federal decennial census,] and that is
27-34 located in more than one county, and in which the combined rate of
27-35 all sales and use taxes imposed by the city, the state, and other
27-36 political subdivisions of the state having territory in the city,
27-37 including taxes under this section, does not exceed 8.25 percent;
27-38 or
27-39 (C) [(D)] to which Section 4A of this Act
27-40 applies.
27-41 [(E) Paragraph (C) of this subdivision expires
27-42 September 1, 1999.]
27-43 SECTION 161. Section 4B(a-2), Development Corporation Act of
27-44 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
27-45 read as follows:
27-46 (a-2) The costs of a publicly owned and operated project
27-47 that is purchased or constructed under this section include the
27-48 maintenance and operating costs of the project, and the proceeds of
27-49 taxes may be used to pay the maintenance and operating costs of a
27-50 project, unless within 60 days after first publishing notice of
27-51 this specific use of the proceeds of the taxes the governing body
27-52 of the city receives a petition from more than 10 percent of the
27-53 registered voters of the city where the petition requests that an
27-54 election be held before the proceeds of taxes imposed under this
27-55 section may be used to pay the maintenance and operating costs of a
27-56 project. An election is not required to be held after the
27-57 submission of a petition if the qualified citizens of the city have
27-58 previously approved that the costs of a publicly owned and operated
27-59 project purchased or constructed under this section include the
27-60 maintenance and operating costs of the project and that the
27-61 proceeds of taxes may be used to pay the maintenance and operating
27-62 costs of a project, at an election called for that purpose by the
27-63 governing body of the city or in conjunction with another election
27-64 required to be held under this section. The election in this
27-65 subsection shall not be required in a municipality located in a
27-66 county with a population in excess of 1.3 million [750,000] that
27-67 has held an election prior to February 1, 1993, under this section
27-68 and at which election the additional sales tax was approved.
27-69 SECTION 162. Section 2.01(13), Article 6243a-1, Revised
28-1 Statutes, is amended to read as follows:
28-2 (13) "City" means each municipality having a
28-3 population of more than 1.18 million [1,000,000] and less than 1.9
28-4 million [1,500,000, according to the most recent federal census].
28-5 SECTION 163. Section 1(a), Chapter 101, Acts of the 43rd
28-6 Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
28-7 Texas Civil Statutes), is amended to read as follows:
28-8 (a) In all incorporated cities and towns containing more
28-9 than 550,000 [500,000] inhabitants and less than 600,000
28-10 inhabitants, [according to the last preceding Federal Census,]
28-11 having a fully or partially paid fire department, the mayor or the
28-12 mayor's authorized representative, two (2) citizens of said city or
28-13 town to be designated by the mayor, the chief of police or the
28-14 chief's authorized representative, the chief of the fire department
28-15 or the chief's authorized representative, and the successors of the
28-16 mayor, chief of police, and chief of the fire department, three (3)
28-17 policemen other than the chief or assistant chief, to be elected by
28-18 members of the policemen's pension fund, three (3) firemen other
28-19 than the chief or assistant chief, to be elected by members of the
28-20 firemen's pension fund, composing eleven (11) members, seven (7) of
28-21 which shall be a quorum, shall constitute a board of trustees of
28-22 the Firemen and Policemen Pension Fund, to provide for the
28-23 disbursement of the same and to designate the beneficiaries
28-24 thereof. The three policemen and the three firemen named above
28-25 shall be elected to a term of four (4) years. The term for a
28-26 citizen designated by the mayor is four (4) years. The board shall
28-27 be known as the Board of Firemen and Policemen Pension Fund,
28-28 __________, Texas. Said board shall organize by choosing one
28-29 member as Chairman and by appointing a secretary. Such board shall
28-30 have charge of and administer said fund and shall order payments
28-31 therefrom in pursuance of the provisions of this law. It shall
28-32 report annually to the governing body of such city or town the
28-33 condition of the said fund and the receipts and disbursements on
28-34 account of the same with a complete list of beneficiaries of said
28-35 fund and the amounts paid them.
28-36 SECTION 164. Section 1.01, Chapter 183, Acts of the 64th
28-37 Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's
28-38 Texas Civil Statutes), is amended to read as follows:
28-39 Sec. 1.01. APPLICABILITY. This Act applies only to a
28-40 municipality having a population of more than 600,000 [450,000] and
28-41 less than 700,000 [500,000].
28-42 SECTION 165. Section 1, Chapter 103, Acts of the 62nd
28-43 Legislature, Regular Session, 1971 (Article 6243f-1, Vernon's Texas
28-44 Civil Statutes), is amended to read as follows:
28-45 Sec. 1. No member of a fire department in any city or town
28-46 in this State having a population of not less than 500,000
28-47 [400,000] nor more than 550,000 [450,000, according to the last
28-48 preceding federal census,] shall be involuntarily retired prior to
28-49 reaching the mandatory retirement age set for such cities'
28-50 employees unless he is physically unable to perform his duties. In
28-51 the event he is physically unable to perform his duties, he shall
28-52 be allowed to use all of his accumulated sick leave, before
28-53 retirement.
28-54 SECTION 166. Section 1, Chapter 451, Acts of the 72nd
28-55 Legislature, Regular Session, 1991 (Article 6243n, Vernon's
28-56 Texas Civil Statutes), is amended to read as follows:
28-57 Sec. 1. SCOPE. A retirement system is established by this
28-58 Act for employees of each municipality having a population of more
28-59 than 600,000 [460,000] and less than 700,000 [500,000, according to
28-60 the most recent federal census]; provided, however, that once such
28-61 pension system becomes operative in any city, any right or
28-62 privilege accruing to any member thereunder shall be a vested right
28-63 according to the terms of this Act and the same shall not be denied
28-64 or abridged thereafter through any change in population of any such
28-65 city taking such city out of the population bracket as herein
28-66 prescribed, and said pension system shall continue to operate and
28-67 function regardless of whether or not any future population exceeds
28-68 or falls below said population bracket.
28-69 SECTION 167. Section 1.01, Chapter 452, Acts of the 72nd
29-1 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's
29-2 Texas Civil Statutes), is amended to read as follows:
29-3 Sec. 1.01. APPLICABILITY AND DEFINITIONS. This Act applies
29-4 only to a municipality having a population of more than 600,000
29-5 [460,000] and less than 700,000 [500,000, according to the most
29-6 recent federal census].
29-7 SECTION 168. Section 1.03, Chapter 824, Acts of the 73rd
29-8 Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
29-9 Civil Statutes), is amended to read as follows:
29-10 Sec. 1.03. APPLICABILITY. This Act applies to paid fire and
29-11 police departments of a municipality with a population between 1.14
29-12 million [750,000] and 1.18 million [1,000,000, according to the
29-13 most recent federal census].
29-14 SECTION 169. Section 1, Chapter 809, Acts of the 62nd
29-15 Legislature, Regular Session, 1971 (Article 6812b-1, Vernon's Texas
29-16 Civil Statutes), is amended to read as follows:
29-17 Sec. 1. The commissioners court of any county having a
29-18 population of not less than 280,000 [160,000] nor more than 300,000
29-19 [185,000, according to the last preceding federal census,] may
29-20 appoint a county engineer, but the selection shall be controlled by
29-21 considerations of skill and ability for the task. The engineer may
29-22 be selected at any regular meeting of the commissioners court, or
29-23 at any special meeting called for that purpose. The engineer
29-24 selected shall be a Registered Professional Engineer in the State
29-25 of Texas. The engineer shall hold his office for a period of two
29-26 years, his term of office expiring concurrently with the terms of
29-27 other county officers, and he may be removed at the pleasure of the
29-28 commissioners court. The engineer shall receive a salary to be
29-29 fixed by the commissioners court not to exceed the amount of the
29-30 salary paid to the highest county official, to be paid out of the
29-31 Road and Bridge Fund. The engineer, before entering upon the
29-32 discharge of his duties, shall take the oath of office prescribed
29-33 by law, and shall execute a bond in the sum of $15,000 with a good
29-34 and sufficient surety or sureties thereon, payable to the county
29-35 judge of the county and successors in office in trust, for the use
29-36 and the benefit of the Road and Bridge Fund, of the county to be
29-37 approved by the court, conditioned that such engineer will
29-38 faithfully and efficiently discharge and perform all of the duties
29-39 required of him by law and by the orders of said commissioners
29-40 court and shall faithfully and honestly and in due time account for
29-41 all of the money, property and materials placed in his custody.
29-42 SECTION 170. Section 1, Chapter 529, Acts of the 68th
29-43 Legislature, Regular Session, 1983, is amended to read as follows:
29-44 Sec. 1. DEANNEXATION AND CREATION OF NEW DISTRICT. (a)
29-45 Territory within a junior college district containing not fewer
29-46 than six independent school districts, less than countywide and
29-47 located within one or more counties, one of which having a
29-48 population of at least 3.3 million [2,200,000 according to the most
29-49 recent federal census,] may be divided and deannexed from a junior
29-50 college district and constituted as a separate junior college
29-51 district in accordance with provisions of this Act. Any
29-52 deannexation must include at least three contiguous independent
29-53 school districts and the entire territory of any independent school
29-54 district included must be included. All territory remaining in the
29-55 original district must be contiguous. This Act shall not apply to
29-56 a junior college district which has any bonded indebtedness which
29-57 by its terms is to be paid in whole or in part from sources other
29-58 than ad valorem taxes.
29-59 (b) The proposed deannexation and creation of a separate
29-60 junior college district shall be initiated by a petition signed by
29-61 not less than five percent of the qualified voters from each
29-62 independent school district included within the area seeking
29-63 deannexation, which petition shall also specify the territory to be
29-64 deannexed, provide for an election to authorize the assumption of
29-65 the new district's proportionate part of the outstanding bonded
29-66 indebtedness of the original district from which the territory of
29-67 the new district will be taken and the levy of the necessary taxes,
29-68 provide authorization for the levy of taxes for the maintenance and
29-69 operation of the district, and list seven persons residing therein
30-1 and otherwise qualified to hold public office as the temporary
30-2 governing body. The petition presented to the commissioners court
30-3 must include the signature, address, voter registration number,
30-4 county, voting precinct number, and date of signature. The
30-5 petition shall be presented to the commissioners court of the
30-6 county with a population of at least 3.3 million [2,200,000
30-7 according to the most recent federal census] within 90 days of the
30-8 first signature which shall pass upon the legality and genuineness
30-9 of the petition and forward the petition, if approved, to the
30-10 Coordinating Board, Texas College and University System. The
30-11 commissioners court shall then order an election to be held within
30-12 the territory proposed to be deannexed within 30 days after such
30-13 approval. At such election, the ballots shall be printed to
30-14 provide for voting for or against each of the following
30-15 propositions, with the blanks filled in and a description of the
30-16 territory proposed for deannexation:
30-17 "Deannexation of the following territory from
30-18 ____________________ junior college district and
30-19 creation of the ____________________ junior college
30-20 district and election of the temporary Board of
30-21 Trustees thereof."
30-22 "Assumption of the ____________________ junior college
30-23 district's proportionate part of all the outstanding
30-24 bonded indebtedness payable from ad valorem taxes of
30-25 the ____________________ junior college district and
30-26 the levy and pledge of annual ad valorem taxes on all
30-27 taxable property in ____________________ junior college
30-28 district sufficient to pay ____________________
30-29 junior college district's proportionate share of the
30-30 principal of and interest on said bonded indebtedness
30-31 as the same come due, provided that the annual bond tax
30-32 shall never exceed $0.50 on the $100 valuation of
30-33 taxable property in ____________________ junior college
30-34 district, and the annual bond tax, together with the
30-35 annual maintenance tax shall never exceed the aggregate
30-36 of $1.00 on the $100 valuation of taxable property in
30-37 ____________________ junior college district."
30-38 "Authorization of and levy of annual ad valorem taxes
30-39 within __________________ junior college district on
30-40 all taxable property in ____________________ junior
30-41 college district for the further maintenance of
30-42 ____________________ junior college district provided
30-43 that said annual maintenance tax, together with the
30-44 annual bond tax shall never exceed the aggregate of
30-45 $1.00 on the $100 of taxable property in
30-46 ____________________ junior college district."
30-47 All expenses incurred in holding the election shall be paid by the
30-48 proponents of deannexation as determined by the commissioners
30-49 court.
30-50 (c) As soon as possible after the election, the
30-51 commissioners court of the county with a population of at least 3.3
30-52 million [2,200,000 according to the most recent federal census]
30-53 shall canvass the returns thereof and declare the result of the
30-54 election. If a majority of the votes cast are in favor of all
30-55 propositions on the ballot, the commissioners court shall declare
30-56 the results and the persons named in the petition shall be the
30-57 temporary governing body. Within one year of the certification of
30-58 the new district's creation by the coordinating board, the
30-59 temporary board of trustees shall call an election on a date
30-60 permitted by the Texas Election Code for the purpose of choosing a
30-61 successor board of trustees. If a majority of the votes cast in
30-62 the election are not in favor of all propositions on the ballot,
30-63 the proposal to deannex the territory will fail, and the
30-64 commissioners court shall so declare in its order canvassing the
30-65 results of the election. If the proposal to deannex the territory
30-66 fails, no deannexation of any of the same territory can again be
30-67 proposed through the provisions of this Act.
30-68 SECTION 171. (a) This Act is not intended to revive a law
30-69 that was impliedly repealed by a law enacted by the 76th
31-1 Legislature or a previous legislature.
31-2 (b) To the extent that a law enacted by the 77th
31-3 Legislature, Regular Session, 2001, conflicts with this Act, the
31-4 other law prevails, regardless of the relative dates of enactment
31-5 or the relative effective dates.
31-6 SECTION 172. This Act takes effect September 1, 2001.
31-7 * * * * *