BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1648

80R11350 DRH-D                                                                                 By: Leibowitz (Wentworth)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Larger counties are not allowed to hold a nonbinding referendum on the expenditure of public funds.  Home rule municipalities in Texas have this authority.  Additionally, current statute authorizes counties with populations of less than 40,000 to call a nonbinding referendum on any issue relating to building on county property.  Allowing larger counties to hold a nonbinding referendum would allow a commissioners court to determine the will of their constituents before enacting local policy affecting the expenditure of public funds.

 

As proposed, H.B. 1648 authorizes the commissioners court of a county to hold a nonbinding referendum on any question affecting a county fiscal matter except for labor agreements or for any county employee compensation.  This bill requires the election to be held on a uniform election date.

 

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 Z, Chapter 130, Local Government Code, by adding Section 130.910, as follows:

 

Sec. 130.910.  NONBINDING REFERENDUM ON COUNTY FISCAL MATTER.  (a)  Authorizes the commissioners court of a county to hold a nonbinding referendum in the county on any question affecting a county fiscal matter other than a matter involving a labor agreement, or compensation of any county employee.

 

(b)  Requires the referendum to be held in the same manner as an election on a county measure and to take place on an election date authorized by Section 41.001 (Uniform Election Dates), Election Code.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.