82R11800 T
By: Coleman H.B. No. 2316
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain county services and
duties, including the administration of county assistance
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A
warrant of arrest may be forwarded by a method that ensures the
transmission of a duplicate of the original warrant, including
secure facsimile transmission or other secure electronic means
[telegraph from any telegraph office to another in this State]. If
issued by any magistrate named in Article 15.06, the peace officer
receiving the same shall execute it without delay. If it be issued
by any other magistrate than is named in Article 15.06, the peace
officer receiving the same shall proceed with it to the nearest
magistrate of the peace officer's [his] county, who shall endorse
thereon, in substance, these words:
"Let this warrant be executed in the county of ...........",
which endorsement shall be dated and signed officially by the
magistrate making the same.
SECTION 2. Article 15.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A
complaint in accordance with Article 15.05, may be forwarded
[telegraphed], as provided by [in the preceding] Article 15.08, to
any magistrate in the State; and the magistrate who receives the
same shall forthwith issue a warrant for the arrest of the accused;
and the accused, when arrested, shall be dealt with as provided in
this Chapter in similar cases.
SECTION 3. Article 15.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) If the arrested person fails or refuses to give bail, as
provided in Article 15.18, the arrested person shall be committed
to the jail of the county where the person was arrested; and the
magistrate committing the arrested person shall immediately
provide notice to the sheriff of the county in which the offense is
alleged to have been committed regarding:
(1) the arrest and commitment, which notice may be
given by [telegraph,] mail[,] or other written means or by secure
facsimile transmission or other secure electronic means; and
(2) whether the person was also arrested under a
warrant issued under Section 508.251, Government Code.
SECTION 4. Article 26.13, Code of Criminal Procedure, is
amended by adding Subsection (j) to read as follows:
(j) A person who is incarcerated in a facility operated by
or under contract with the Texas Department of Criminal Justice may
submit a plea of guilty or plea of nolo contendere regarding a
misdemeanor charge in writing, transmitted by mail, facsimile, or
other means. Before accepting a plea under this subsection, the
court shall make the admonitions required by this article to the
defendant in writing as provided by Subsection (d).
SECTION 5. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
employment of the county elections administrator may be suspended,
with or without pay, or terminated at any time for good and
sufficient cause on the four-fifths vote of the county election
commission and approval of that action by a majority vote of the
commissioners court.
SECTION 6. Section 61.001(f), Government Code, is amended
to read as follows:
(f) A reimbursement for expenses under this section is not a
property right of a person who reports for jury service for purposes
of Chapters 72 and 74, Property Code. If a check, instrument, or
other method of payment authorized under Section 113.048, Local
Government Code, [instrument] representing a reimbursement under
this section is not presented for payment or redeemed before the
90th day after it is issued:
(1) the instrument or other method of payment is
considered forfeited and is void; and
(2) the money represented by the instrument or other
method of payment may be placed or retained in the county's jury
fund, the county's general fund, or any other fund in which county
funds can be legally placed, at the discretion of the commissioners
court.
SECTION 7. Section 61.003, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsection (a), a county that has
adopted a system or method of payment authorized by Section
113.048, Local Government Code, may provide a person who reports
for jury service in the county an opportunity to donate all, or a
specific part designated by the juror, of the juror's daily
reimbursement by completing a self-executing application on a form
prescribed by the commissioners court.
SECTION 8. Section 694.002, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) If a county discovers cash in the possession of a
deceased pauper, the county shall place the money in a trust
account. A person having a claim to the money in the trust account
must exercise the right to collect the money not later than the
first anniversary of the date the money is placed in the trust
account.
(d) A county may create a fund to be used by the county to
pay the costs incurred in disposing of the bodies of deceased
paupers. If money placed in a trust account under Subsection (c) is
not claimed by the first anniversary of the date the money is placed
in the trust account, the county may transfer the money to the fund
created under this subsection.
SECTION 9. Section 716.101, Health and Safety Code, is
amended to read as follows:
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Except as
provided by Subsection (b), a [A] crematory establishment may not
accept for cremation unidentified human remains.
(b) Notwithstanding any other provision of this chapter, a
crematory establishment may accept for cremation unidentified
human remains from a county on the order of:
(1) the county commissioners court; or
(2) a court located in the county.
SECTION 10. Subchapter C, Chapter 113, Local Government
Code, is amended by adding Section 113.048 to read as follows:
Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a)
Notwithstanding any other provision of this subchapter or other law
to the contrary, a county treasurer may disburse to a person who
reports for jury service and discharges the person's duty the daily
amount of reimbursement for jury service expenses set by the
commissioners court under Section 61.001, Government Code, by:
(1) using an electronic funds transfer system in
accordance with Chapter 156;
(2) using a cash dispensing machine;
(3) issuing a debit card or a stored value card; or
(4) using any other method that the county treasurer
and the commissioners court determine is secure, accurate, and
cost-effective and that is convenient for persons who report for
jury service.
(b) A system or method of payment adopted by a county
treasurer under Subsection (a) may be implemented only if it is
approved by the commissioners court and administered in accordance
with the procedures established by the county auditor or by the
chief financial officer of a county that does not have a county
auditor.
(c) A system or method of payment authorized by this section
may be used in lieu of or in addition to the issuance of warrants or
checks authorized under this subchapter.
SECTION 11. Section 262.003(a), Local Government Code, is
amended to read as follows:
(a) Any law that requires a county to follow a competitive
bidding procedure in making a purchase requiring the expenditure of
$50,000 [$25,000] or less does not apply to the purchase of an item
available for purchase from only one supplier.
SECTION 12. Section 262.023(a), Local Government Code, is
amended to read as follows:
(a) Before a county may purchase one or more items under a
contract that will require an expenditure exceeding $50,000
[$25,000], the commissioners court of the county must:
(1) comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter;
(2) use the reverse auction procedure, as defined by
Section 2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H,
Chapter 271.
SECTION 13. Section 271.024, Local Government Code, is
amended to read as follows:
Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO
CONTRACT. The bidding of [If a governmental entity is required by
statute to award] a contract awarded by a governmental entity for
the construction, repair, or renovation of a structure, road,
highway, or other improvement or addition to real property [on the
basis of competitive bids, and if the contract requires the
expenditure of more than $25,000 from the funds of the entity, the
bidding on the contract] must be accomplished in the manner
provided by this subchapter if:
(1) a statute requires the governmental entity to
award the contract on the basis of competitive bids; and
(2) the contract requires the expenditure of more
than:
(A) $25,000 from the funds of a governmental
entity other than a county; or
(B) $50,000 from the funds of a county.
SECTION 14. Section 363.156(b), Local Government Code, is
amended to read as follows:
(b) To the extent competitive bidding procedures in Title 8
apply, the board may not enter purchasing contracts that involve
spending more than $50,000 [$25,000] unless the board complies
with:
(1) Subchapter C, Chapter 262, if the district was
created by a county; or
(2) Chapter 252, if the district was created by a
municipality.
SECTION 15. Section 387.003, Local Government Code, is
amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and
(h) and adding Subsections (a-1), (i), and (j) to read as follows:
(a) The commissioners court of the county may call an
election on the question of creating a county assistance district
under this chapter. More than one county assistance district may be
created in a county.
(a-1) A district may [to] perform the following functions in
the district:
(1) the construction, maintenance, or improvement of
roads or highways;
(2) the provision of law enforcement and detention
services;
(3) the maintenance or improvement of libraries,
museums, parks, or other recreational facilities;
(4) the provision of services that benefit the public
health or welfare, including the provision of firefighting and fire
prevention services; or
(5) the promotion of economic development and tourism.
(b) The order calling the election must:
(1) define the boundaries of the district to include
any portion of the county in which the combined tax rate of all
local sales and use taxes imposed, including the rate to be imposed
by the district if approved at the election, would not exceed the
maximum combined rate of sales and use taxes imposed by political
subdivisions of this state that is prescribed by Sections 321.101
and 323.101, Tax Code [two percent]; and
(2) call for the election to be held within those
boundaries.
(b-1) If the proposed district includes any territory of a
municipality, the commissioners court shall send notice by
certified mail to the governing body of the municipality of the
commissioners court's intent to create the district. If the
municipality has created a development corporation under Chapter
504 or 505, Local Government Code [Section 4A or 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes)], the commissioners court shall also send the notice to
the board of directors of the corporation. The commissioners court
must send the notice not later than the 60th day before the date the
commissioners court orders the election. The governing body of the
municipality may exclude the territory of the municipality from the
proposed district by sending notice by certified mail to the
commissioners court of the governing body's desire to exclude the
municipal territory from the district. The governing body must
send the notice not later than the 45th day after the date the
governing body receives notice from the commissioners court under
this subsection. The territory of a municipality that is excluded
under this subsection may subsequently be included in:
(1) the district in an election held under Subsection
(f) with the consent of the municipality; or
(2) another district after complying with the
requirements of this subsection and after an election under
Subsection (f).
(c) The ballot at the election must be printed to permit
voting for or against the proposition: "Authorizing the creation
of the ____ County Assistance District No.___ (insert name of
district) and the imposition of a sales and use tax at the rate of
____ [of one] percent (insert [one-eighth, one-fourth,
three-eighths, or one-half, as] appropriate rate) for the purpose
of financing the operations of the district."
(e) If a majority of the votes received at the election are
against the creation of the district, the district is not created
and the county at any time may call one or more elections [another
election] on the question of creating one or more [a] county
assistance districts [district may not be held in the county before
the first anniversary of the most recent election concerning the
creation of a district].
(f) The commissioners court may call an election to be held
in an area of the county that is not located in a district created
under this section to determine whether the area should be included
in the district and whether the district's sales and use tax should
be imposed in the area. An election may not be held in an area in
which the combined tax rate of all local sales and use taxes
imposed, including the rate to be imposed by the district if
approved at the election, would exceed the maximum combined rate of
sales and use taxes imposed by political subdivisions of this state
that is prescribed by Sections 321.101 and 323.101, Tax Code [two
percent].
(h) If more than one election to authorize a local sales and
use tax is held on the same day in the area of a proposed district or
an area proposed to be added to a district and if the resulting
approval by the voters would cause the imposition of a local sales
and use tax in any area to exceed the maximum combined rate of sales
and use taxes of political subdivisions of this state that is
prescribed by Sections 321.101 and 323.101, Tax Code [two percent],
only a tax authorized at an election under this section may be
imposed.
(i) In addition to the authority to include an area in a
district under Subsection (f), the governing body of a district by
order may include an area in the district on receipt of a petition
or petitions signed by the owner or owners of the majority of the
land in the area to be included in the district. If there are no
qualified voters in the area to be included in the district, no
election is required.
(j) The commissioners court by order may exclude an area
from the district if the district has no outstanding bonds payable
wholly or partly from sales and use taxes and the exclusion does not
impair any outstanding district debt or contractual obligation.
SECTION 16. Section 387.005, Local Government Code, is
amended to read as follows:
Sec. 387.005. GOVERNING BODY. (a) The commissioners
court of the county in which the district is created by order shall
provide that:
(1) the commissioners court is the governing body of
the district; or
(2) the commissioners court shall appoint a governing
body of the district.
(b) A member of the governing body of the district
[commissioners court] is not entitled to compensation for service
[on the governing body of the district] but is entitled to
reimbursement for actual and necessary expenses.
(c) A board of directors appointed by the commissioners
court under this section shall consist of five directors who serve
staggered terms of two years. To be eligible to serve as a
director, a person must be at least 18 years of age and a resident of
the county in which the district is located. The initial directors
shall draw lots to achieve staggered terms, with three of the
directors serving one-year terms and two of the directors serving
two-year terms.
SECTION 17. Section 387.006(a), Local Government Code, is
amended to read as follows:
(a) A district may:
(1) perform any act necessary to the full exercise of
the district's functions;
(2) accept a grant or loan from:
(A) the United States;
(B) an agency or political subdivision of this
state; or
(C) a public or private person;
(3) acquire, sell, lease, convey, or otherwise dispose
of property or an interest in property under terms determined by the
district;
(4) employ necessary personnel; [and]
(5) adopt rules to govern the operation of the
district and its employees and property; and
(6) enter into agreements with municipalities
necessary or convenient to achieve the district's purposes,
including agreements regarding the duration, rate, and allocation
between the district and the municipality of sales and use taxes.
SECTION 18. Section 387.007, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A district may not adopt a sales and use tax under this
chapter if the adoption of the tax would result in a combined tax
rate of all local sales and use taxes that would exceed the maximum
combined rate prescribed by Sections 321.101 and 323.101, Tax Code,
[of more than two percent] in any location in the district.
(c) A district may define areas in the district to pay for
improvements, facilities, or services that primarily benefit that
area and do not generally and directly benefit the district as a
whole. The district may impose different rates of sales and use tax
in each defined area, provided that the sales and use tax rate does
not exceed the rate approved at an election held under Section
387.003.
SECTION 19. Section 387.009, Local Government Code, is
amended to read as follows:
Sec. 387.009. TAX RATE. The rate of a tax adopted under
this chapter must be in increments of one-eighth[, one-fourth,
three-eighths, or one-half] of one percent.
SECTION 20. Sections 387.010(a), (b), and (c), Local
Government Code, are amended to read as follows:
(a) A district that has adopted a sales and use tax under
this chapter may, by order and subject to Section 387.007(b):
(1) reduce [, change] the rate of the tax or repeal the
tax without an election, except that the district may not repeal the
sales and use tax or reduce the rate of the sales and use tax below
the amount pledged to secure payment of an outstanding district
debt or contractual obligation;
(2) increase the rate of the sales and use tax, if the
increased rate of the sales and use tax will not exceed the rate
approved at an election held under Section 387.003; or
(3) increase the rate of the sales and use tax to a
rate that exceeds the rate approved at an election held under
Section 387.003 after [if] the increase [change or repeal] is
approved by a majority of the votes received in the district at an
election held for that purpose.
(b) The tax may be changed under Subsection (a) in one or
more increments of one-eighth of one percent [to a maximum of
one-half of one percent].
(c) The ballot for an election to increase [change] the tax
shall be printed to permit voting for or against the proposition:
"The increase [change] of a sales and use tax for the ____ County
Assistance District No. ___ (insert name of district) from the rate
of ____ [of one] percent (insert [one-fourth, three-eighths, or
one-half, as] appropriate rate) to the rate of ____ [of one] percent
(insert [one-fourth, three-eighths, or one-half, as] appropriate
rate)."
SECTION 21. Section 387.012, Local Government Code, is
amended to read as follows:
Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the
tax, the increase or reduction [change] of the tax rate, or the
repeal of the tax takes effect on the first day of the first
calendar quarter occurring after the expiration of the first
complete quarter occurring after the date the comptroller receives
a copy of the order of the district's governing body [notice of the
results of the election] adopting, increasing, reducing
[changing], or repealing the tax.
SECTION 22. Section 1702.104(b), Occupations Code, is
amended to read as follows:
(b) For purposes of Subsection (a)(1), "obtaining or
furnishing information" includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public.
"Obtaining or furnishing information" does not include information
obtained or furnished by an information technology professional who
is an employee of a county and who is:
(1) in the course and scope of employment, installing
or repairing computer equipment belonging to the county or is
examining the cause for required repair; and
(2) not performing any other act that requires a
license under this chapter.
SECTION 23. (a) Article 26.13(j), Code of Criminal
Procedure, as added by this Act, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect at the time the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
(b) Section 61.001(f), Government Code, as amended by this
Act, applies only to a disbursement for the reimbursement for jury
service expenses on or after the effective date of this Act.
(c) The changes in law made by Sections 262.003, 262.023,
271.024, and 363.156, Local Government Code, as amended by this
Act, apply only to a purchase made or contract executed on or after
the effective date of this Act. A purchase made or contract
executed before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 24. Section 387.010(d), Local Government Code, is
repealed.
SECTION 25. This Act takes effect September 1, 2009.