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BILL ANALYSIS

 

 

 

C.S.H.B. 139

By: Raymond

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Revitalization efforts in blighted areas lead to increased economic development and better quality of life in those areas. Interested parties point to certain areas of the state where social, physical, and economic problems that plague these areas would be mitigated by such efforts.  C.S.H.B. 139 seeks to provide these benefits by making changes to statutes relating to the exercise of urban renewal powers by certain counties.

 

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.H.B. 139 amends the Local Government Code to authorize a county with a population of more than 250,000 located along an international border, in addition to a county with a population of more than 1.3 million, to exercise the powers provided for a municipality under the Texas Urban Renewal Law with respect to areas of the county that are not within the corporate boundaries of a municipality. The bill authorizes such a county to exercise the same powers in areas of the county located within the corporate boundaries of a municipality if the municipality approves the county's participation in an urban renewal project through an interlocal agreement under the Interlocal Cooperation Act.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 139 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 374.902(b), Local Government Code, is amended to read as follows:

(b)  A county with a population of more than 65,000 and less than 300,000 and located along an international border or a county with a population of more than 1.3 million  may exercise the powers provided for municipalities under this chapter with respect to areas of the county that are not within the corporate boundaries of a municipality or areas of the county located within the corporate boundaries of a municipality, if the municipality approves the county's participation in an urban renewal project through an interlocal agreement under Chapter 791, Government Code.  The county may not exercise those powers until the commissioners court of the county adopts a resolution in the manner provided by Section 374.011 for adoption of a resolution by a municipality.  The resolution must be approved at an election held in the county in the manner provided for a municipal election under Section 374.011.  The adoption of the resolution is not approved unless a majority of the voters who vote on the question in the entire county as well as in each municipality in the county approve the adoption of the resolution.  In a municipality that is only partially located in the affected county, only voters who reside in the county may vote.

 

SECTION 1.  Section 374.902(b), Local Government Code, is amended to read as follows:

(b)  A county with a population of more than 250,000 and located along an international border or a county with a population of more than 1.3 million  may exercise the powers provided for municipalities under this chapter with respect to areas of the county that are not within the corporate boundaries of a municipality or areas of the county located within the corporate boundaries of a municipality, if the municipality approves the county's participation in an urban renewal project through an interlocal agreement under Chapter 791, Government Code.  The county may not exercise those powers until the commissioners court of the county adopts a resolution in the manner provided by Section 374.011 for adoption of a resolution by a municipality.  The resolution must be approved at an election held in the county in the manner provided for a municipal election under Section 374.011.  The adoption of the resolution is not approved unless a majority of the voters who vote on the question in the entire county as well as in each municipality in the county approve the adoption of the resolution.  In a municipality that is only partially located in the affected county, only voters who reside in the county may vote.

 

SECTION 2.  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, 2013.

 

SECTION 2. Same as introduced version.