SRC-AMY H.B. 722 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 722
By: Guillen (Zaffirini)
Intergovernmental Relations
5/16/2003
Engrossed


DIGEST AND PURPOSE 

Currently, there are ten Texas counties without an incorporated
municipality. These rural counties, for the most part, are sparsely
populated. Some are located along the border and many are within the
state-defined border region. County governments currently provide all
basic governmental services to the residents of these counties. 

Many of these counties have one community with a sufficiently large
population and development to justify incorporation. However, to do so
would create another layer of government, the  duplication of county
services, the employment of new municipal personnel, the conducting of
elections to fill public offices, and the cost of establishing such
offices. On the other hand, a community's failure to incorporate and
assume the powers of a general-law municipality leaves the community and
the county vulnerable to colonia proliferation.  More than 250  new
colonias have been established along the border region in spite of the
counties' authority to address the increase in the number of colonias. 

H.B. 722  provides a commissioners court, in addition to the powers given
to it under this code or other law, all the powers of the governing body
of a Type A general-law municipality under certain circumstances. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 81, Local Government Code, by
adding Section 81.033, as follows: 

Sec. 81.033.  POWER OF COMMISSIONERS COURT IN COUNTY WITH NO INCORPORATED
TERRITORY.  (a) Provides that this section applies only to a commissioners
court of a county that has a population of more than 7,500, is located on
an international boundary, and contains no incorporated territory of a
municipality. 

(b) Provides that if approved at an election held in the county for that
purpose, the commissioners court has, in addition to the powers given to
it under this code or other law, all the powers of the governing body of a
Type A general-law municipality, including the powers contained in
Subtitle A (Municipal Regulatory Authority), Title 7 (Regulation of Land
Use, Structures, Businesses, and Related Activities), with certain
exceptions. 

(c) Requires the ballot for an election under this section to be prepared
to permit voting for or against the proposition: "Granting (name of
county) County the authority to enact ordinances in the same manner as a
general-law municipality." 

(d) Provides that if a majority of the votes cast at the election favor
the proposition, the commissioners court has the powers described by
Subsection (b). 

 (e) Sets forth the commissioners court's authority if territory of the
county becomes incorporated in a municipality. 

(f) Requires the commissioners court, on receipt of a petition signed by
at least 10 percent of the county's registered voters, to call an election
on the repeal of an order or ordinance authorized by this section on the
first uniform election date that occurs after the 90th day after the date
the petition is filed.  Provides that the order or ordinance is repealed
if a majority of the votes cast at the election favor repeal. Prohibits a
petition requiring an election under this subsection from being filed
sooner than the fifth anniversary of the date of an election held under
this subsection. 

SECTION 2.  Effective date: September 1, 2003.