BILL ANALYSIS

H.B. 1153

By: Vasut

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

State law recognizes multiple types of municipalities, including home-rule, special-law, and Type A, B, and C general-law municipalities. Each type of municipality has differing governing structures, as well as different powers and duties. General law cities with declining populations can find it difficult to comply with requirements in law that larger general-law municipalities can comply with easily. For example, the Town of Quintana was long-ago incorporated as a Type A city. The village's population has declined from close to 500 in 1890 to less than 100 residents today. The village has reported having difficulty complying with its obligations as a Type A municipality, including the requirement to elect five aldermen and a mayor to govern its affairs. Type C municipalities, on the other hand, are only governed by a mayor and two commissioners.

While Texas law allows Type A or B municipalities to incorporate into the lower Type C classification with approval of their voters, such a change is limited to Type A municipalities with a population between 501 and 4,999 residents and to Type B municipalities with a population between 501 and 999 residents. These closed population brackets effectively prevent Type A and B municipalities with less than 501 residents like Quintana from re-incorporating as a Type C municipality.

H.B. 1153 seeks to eliminate these lower thresholds so that Quintana, and other similarly situated small communities across Texas, can adjust their governance structure as needed.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 1153 amends the Local Government Code to remove the minimum population thresholds of the qualifying Type A or Type B general-law municipalities that may change to a Type C general-law municipality.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.