BILL ANALYSIS H.B. 2201 By: Phillips Urban Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties contend that current law does not adequately prevent a member of a governing board of a municipality who is no longer a resident of the municipality from continuing to vote on issues before the board. H.B. 2201 seeks to address this issue by revising provisions relating to the disqualification of a member of the governing body of a municipality. 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. 2201 amends the Local Government Code to establish that a member of the governing body of a Type A general-law municipality is automatically disqualified from holding the member's office and that the office is considered vacant if the member changes the member's place of residence to a location outside the corporate boundaries of the municipality. The bill limits the authority of a majority of the remaining members to fill by appointment a vacancy on the governing body of a Type A general-law municipality to only those remaining members who are present and voting. The bill makes a member of the governing body ineligible to vote to fill a vacancy by special election after resigning from the governing body. EFFECTIVE DATE September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2201
By: Phillips
Urban Affairs
Committee Report (Unamended)
H.B. 2201
By: Phillips
Urban Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties contend that current law does not adequately prevent a member of a governing board of a municipality who is no longer a resident of the municipality from continuing to vote on issues before the board. H.B. 2201 seeks to address this issue by revising provisions relating to the disqualification of a member of the governing body of a municipality.
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. 2201 amends the Local Government Code to establish that a member of the governing body of a Type A general-law municipality is automatically disqualified from holding the member's office and that the office is considered vacant if the member changes the member's place of residence to a location outside the corporate boundaries of the municipality. The bill limits the authority of a majority of the remaining members to fill by appointment a vacancy on the governing body of a Type A general-law municipality to only those remaining members who are present and voting. The bill makes a member of the governing body ineligible to vote to fill a vacancy by special election after resigning from the governing body.
EFFECTIVE DATE September 1, 2015.
BACKGROUND AND PURPOSE
Interested parties contend that current law does not adequately prevent a member of a governing board of a municipality who is no longer a resident of the municipality from continuing to vote on issues before the board. H.B. 2201 seeks to address this issue by revising provisions relating to the disqualification of a member of the governing body of a municipality.
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. 2201 amends the Local Government Code to establish that a member of the governing body of a Type A general-law municipality is automatically disqualified from holding the member's office and that the office is considered vacant if the member changes the member's place of residence to a location outside the corporate boundaries of the municipality. The bill limits the authority of a majority of the remaining members to fill by appointment a vacancy on the governing body of a Type A general-law municipality to only those remaining members who are present and voting. The bill makes a member of the governing body ineligible to vote to fill a vacancy by special election after resigning from the governing body.
EFFECTIVE DATE
September 1, 2015.