C.S.H.B. 722 78(R)    BILL ANALYSIS


C.S.H.B. 722
By: Guillen
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Currently, there are ten 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 statedefined, border
region. County governments currently provide all basic governmental
services to the residents of these counties. 

Many of these counties have one community with sufficient population and
development to justify incorporation. However, to do so, would result in
the creation of another layer of government, the duplication of county
services, the employment of new municipal personnel and the conducting of
elections to fill public offices, all with additional costs to taxpayers.
On the other hand, a community's failure to incorporate and assume the
powers of a general-law municipality leaves the populated community and
the county, vulnerable to colonia proliferation. Because of their
proximity to the Texas border with Mexico, or to populated communities,
over 250  new colonias have erupted along the border region in spite of
the legislature's response in recent sessions to provide counties with
authority to address the growth in the number of colonias. 

This bill creates a new form of rural/metropolitan government, a
countywide unit of government without creating an additional layer of
government and without the additional cost to the rural taxpayer.  

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
C.S.H.B. 722 Amends Subchapter B, Chapter 81, Local Government Code by
adding Sec. 81.033. 

This bill grants powers to a commissioners court in a county, located
along an international border, with no incorporated territory in a
municipality and a population greater than 7,500. Such powers include all
the powers of a governing body of a Type A general-law municipality with
exceptions relating to regulation of activity outside the county,
agricultural or open-space land, and procedural issues. This bill provides
for an election that requires voter approval for grant of such powers.
The bill also provides for expiration of such powers should any territory
within the county become incorporated.  Also, this bill requires a
commissioners court to call an election of repeal of an order granted
under this section on receipt of petition signed by 10% of county's
registered voters.   

EFFECTIVE DATE
September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE
1.  C.H.S.B 722 modifies the original by adding new language requiring the
county have a population of more than 7,500 and be located on an
international boundary to Sec. 81.033 (a).   

2.  The substitute adds language requiring voter approval at an election
held for that purpose to Sec. 81.033(b). 

3.  The substitute differs from the original by adding the following new
language Sec. 81.033(b)(2) excepting the commissioners court from
regulating land appraised as agricultural or open-space land  and
renumbering original Section 81.033(b)(2) to Section 81.033(b)(3). 

4.  The substitute differs from the original by adding the following new
language to Section 81.033(c), allowing for an election under this section
and preparing the ballot to permit voting for or against the proposition.
The substitute differs from the original by renumbering original Section
81.033(c) to Section 81.033(e). 

5.  The substitute adds Section 81.033(d), allowing that if a majority of
the votes cast at the election favor the proposition, the commissioners
court has the powers described in subsection (b). 

6.  The substitute adds Section 81.033(f), requiring the commissioners
court 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 on the receipt of
a petition signed by at least 10 percent of the county's registered
voters.  The order or ordinance is repealed if a majority of the votes
cast at the election favor repeal. A petition requiring an election under
this subsection may not be filed sooner than the 5th anniversary of the
date of the election held under this subsection.