78R1550 AKH-D

By:  Keel                                                         H.B. No. 228



A BILL TO BE ENTITLED

AN ACT

relating to the circumstances in which municipal consent is 
required for the creation of a library district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 326.003(3), Local Government Code, is 
amended to read as follows:
		(3)  "Municipal public library" means a library that 
is:                    
			(A)  financed and operated by a municipality; 
[and]       
			(B)  accredited for membership in the state 
library system; and     
			(C)  open free of charge to all members of the 
public under identical conditions.
	SECTION 2.  Section 326.022(c), Local Government Code, is 
amended to read as follows:
	(c)  If the boundaries of the proposed district include any 
territory that, on the date on which a petition is filed [an 
election is ordered] on the question of creating the district, is 
part of a municipality that operates [operated] a municipal public 
library, then the governing authority of that municipality must 
consent by resolution to allow the inclusion of that municipal 
territory in the proposed district.
	SECTION 3.  The change in law made by this Act applies only 
to a library district for which a petition is filed on or after the 
effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.