BILL ANALYSIS

C.S.S.B. 760

By: West

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Observers note that cities and counties are encouraged to jointly provide services under a certain provision of law but that a provision requiring contracts to be renewed annually has limited these joint efforts.  As a result, many cities and counties finance short-term projects under this law but do not use it to undertake long-term projects, such as jointly constructing infrastructure and other facilities.  C.S.S.B. 760 seeks to address this issue by specifically providing that contracts between municipal and county governments can be for a specified term of years.

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.S.B. 760 amends the Government Code to authorize an interlocal contract to have a specified term of years.  The bill authorizes an interlocal contract to be renewed, rather than authorizing such a contract to be renewed annually.

EFFECTIVE DATE

The date on which the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, to authorize the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund takes effect, if approved by the voters.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.S.B. 760 contains a provision not included in the original authorizing an interlocal contract to be renewed and removing the specification that the renewal be an annual renewal.  The substitute, in the provision authorizing an interlocal contract to have a specified term of years, omits the specification included in the original that the contract be between municipalities or counties.  The substitute differs from the original in a nonsubstantive way.