79R7727 PAM-F

By:  Wentworth                                                    S.B. No. 1361



A BILL TO BE ENTITLED

AN ACT

relating to requiring a majority vote of the governing body of a 
municipality to take certain actions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 51, Local Government Code, 
is amended by adding Section 51.002 to read as follows:
	Sec. 51.002.  SUPER MAJORITY PROHIBITED IN CERTAIN 
CIRCUMSTANCES.  (a)  A municipality may not require the approval of 
more than a simple majority of the governing body of the 
municipality to:
		(1)  adopt or amend an ordinance or resolution 
authorized under:     
			(A)  Section 401.002; or                                              
			(B)  Section 26.177, Water Code;                                      
		(2)  execute an agreement under Section 212.172; or                    
		(3)  compromise and settle an action with a property 
owner authorized under Section 245.006.
	(b)  A municipal ordinance or charter provision is void to 
the extent it violates Subsection (a).
	(c)  The act of a municipality described by Subsections 
(a)(1)-(3) taken before September 1, 2005, with the approval of a 
simple majority, is valid unless the act has been determined 
invalid by a final judgment of a court that is not subject to 
appeal.
	SECTION 2.  This Act takes effect September 1, 2005.