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78R2235 DRH-D

By:  Guillen                                                      H.B. No. 722



A BILL TO BE ENTITLED

AN ACT

relating to the powers of the commissioners court in a county that 
has no incorporated municipality.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 81, Local Government Code, 
is amended by adding Section 81.033 to read as follows:
	Sec. 81.033.  POWER OF COMMISSIONERS COURT IN COUNTY WITH NO 
INCORPORATED TERRITORY. (a) This section applies only to a 
commissioners court of a county that contains no incorporated 
territory of a municipality.
	(b)  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, Title 7, except that:
		(1)  the commissioners court may not regulate an 
activity outside the county; and
		(2)  if this code or other law provides for a procedure 
by which a county exercises a power, the commissioners court must 
use that procedure.
	(c)  If territory of the county becomes incorporated in a 
municipality:
		(1)  in the area outside the municipality and outside 
the municipality's extraterritorial jurisdiction, the authority of 
the commissioners court to exercise a power under this section:
			(A)  expires, on the date of the incorporation, 
with regard to a subject on which the court has not previously acted 
under this section; and
			(B)  continues with regard to a subject on which 
the court has previously acted under this section; and
		(2)  in the area in the municipality or in the 
extraterritorial jurisdiction of the municipality, the authority 
of the commissioners court to exercise a power under this section 
expires on the 180th day after the date of the municipal 
incorporation.
	SECTION 2.  This Act takes effect September 1, 2003.