Texas 2015 - 84th Regular

Texas Senate Bill SB710 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5037 TJB-F
2	2	By: Burton S.B. No. 710
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the organization of a municipal government as a Liberty
8	8	City general-law municipality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1.005, Local Government Code, is amended
11	11	by amending Subdivision (1) and adding Subdivision (2-a) to read as
12	12	follows:
13	13	(1) "General-law municipality" means a municipality
14	14	designated by Chapter 5 as a Type A general-law municipality, Type B
15	15	general-law municipality, [or] Type C general-law municipality, or
16	16	Liberty City.
17	17	(2-a) "Liberty City" means a municipality designated by
18	18	Chapter 5 as a Liberty City general-law municipality.
19	19	SECTION 2. Subchapter A, Chapter 5, Local Government Code,
20	20	is amended by adding Section 5.006 to read as follows:
21	21	Sec. 5.006. LIBERTY CITY. A municipality is a Liberty City
22	22	general-law municipality if the municipality:
23	23	(1) has incorporated as or converted to a Liberty City
24	24	under Chapter 10; and
25	25	(2) has not converted to another type of municipality.
26	26	SECTION 3. Subtitle A, Title 2, Local Government Code, is
27	27	amended by adding Chapter 10 to read as follows:
28	28	CHAPTER 10. LIBERTY CITY
29	29	SUBCHAPTER A. INCORPORATION OF LIBERTY CITY
30	30	Sec. 10.001. AUTHORITY TO INCORPORATE AS LIBERTY CITY. (a)
31	31	A community may incorporate as a Liberty City if the community:
32	32	(1) constitutes an unincorporated city or town;
33	33	(2) contains 200 or more inhabitants; and
34	34	(3) meets the territorial requirements prescribed by
35	35	Section 5.901.
36	36	(b) Notwithstanding Section 42.041, a community located
37	37	wholly or partly in the extraterritorial jurisdiction of a
38	38	municipality may incorporate as a Liberty City in that
39	39	extraterritorial jurisdiction if:
40	40	(1) the residents of the community submit with the
41	41	application for incorporation a petition consenting to the
42	42	incorporation signed by a number of registered voters of the
43	43	municipality equal to or greater than 25 percent of the number of
44	44	voters who voted in the most recent municipal election; and
45	45	(2) the procedural requirements prescribed by
46	46	Subchapter A, Chapter 8, and Section 10.002 are satisfied.
47	47	Sec. 10.002. INCORPORATION PROCEDURES. (a) Except as
48	48	provided by this section, the procedures for incorporating as a
49	49	Liberty City are the same as those prescribed for incorporating as a
50	50	Type C general-law municipality.
51	51	(b) In addition to the requirements prescribed by
52	52	Subchapter A, Chapter 8, a petition to incorporate as a Liberty City
53	53	must:
54	54	(1) state whether the municipality will operate under
55	55	an aldermanic or commission form of government;
56	56	(2) state the number of members, including the mayor,
57	57	who will comprise the governing body of the municipality; and
58	58	(3) include the petition consenting to incorporation
59	59	described by Section 10.001(b)(1) if the community is incorporating
60	60	in the extraterritorial jurisdiction of a municipality.
61	61	SUBCHAPTER B. CONVERSION FROM ANOTHER MUNICIPAL TYPE TO LIBERTY
62	62	CITY
63	63	Sec. 10.021. AUTHORITY TO CONVERT TO LIBERTY CITY. A Type
64	64	A, Type B, or Type C general-law municipality containing 200 or more
65	65	residents may convert to a Liberty City.
66	66	Sec. 10.022. RESOLUTION OR PETITION REQUESTING CONVERSION.
67	67	(a) The majority of the governing body of a municipality by
68	68	resolution may request the mayor to order an election to determine
69	69	whether the municipality will convert to a Liberty City.
70	70	(b) The residents of a municipality may request the mayor to
71	71	order an election to determine whether the municipality will
72	72	convert to a Liberty City by filing with the mayor a written
73	73	petition requesting the election signed by a number of registered
74	74	voters of the municipality equal to or greater than 25 percent of
75	75	the number of voters who voted in the most recent municipal
76	76	election.
77	77	(c) A resolution or petition described by this section must
78	78	state:
79	79	(1) whether the municipality, if converted, will
80	80	operate under an aldermanic or commission form of government; and
81	81	(2) the number of members, including the mayor, who
82	82	will comprise the governing body of the municipality, if converted.
83	83	(d) On receipt of a petition under this section, the mayor
84	84	shall determine whether the petition meets the requirements of
85	85	Subsections (b) and (c).
86	86	Sec. 10.023. ELECTION TO CONVERT. The mayor of a
87	87	municipality shall order an election to determine whether the
88	88	municipality will convert to a Liberty City if:
89	89	(1) a resolution is adopted that meets the
90	90	requirements of Sections 10.022(a) and (c); or
91	91	(2) a petition is filed with and determined valid by
92	92	the mayor under Sections 10.022(b) and (d).
93	93	Sec. 10.024. ORDER OF CONVERSION. If the conversion is
94	94	approved by a vote of a majority of the qualified voters of the
95	95	municipality voting at an election ordered under this subchapter,
96	96	the mayor shall enter an order in the minutes of the governing body
97	97	of the municipality that the municipality is converted to a Liberty
98	98	City. The conversion is effective on the date the order is entered.
99	99	SUBCHAPTER C. BILL OF RIGHTS
100	100	Sec. 10.041. BILL OF RIGHTS. A Liberty City is bound by the
101	101	following bill of rights on the date the municipality is
102	102	incorporated as or converted to a Liberty City:
103	103	BILL OF RIGHTS OF A LIBERTY CITY
104	104	Article 1. The residents and governing body of a Liberty City
105	105	recognize the fundamental natural rights of the people as protected
106	106	and preserved by the United States Constitution and the Texas
107	107	Constitution. The governing body of this Liberty City shall not
108	108	enact an ordinance, resolution, or similar measure, or take any
109	109	action, that infringes on the basic absolute and essential rights
110	110	of the people.
111	111	Article 2. The right of the people to bear arms shall not be
112	112	infringed.
113	113	Article 3. The right of the people to freedom of speech,
114	114	including political and nonpolitical expression, and of assembly
115	115	shall not be infringed.
116	116	Article 4. The right of the people to practice the faith of
117	117	their choosing and to worship in both public and private places
118	118	shall not be infringed.
119	119	Article 5. The right of the people to be secure in their
120	120	persons and their property from unreasonable searches, including
121	121	the collection of data, surveillance, and forceful search methods,
122	122	conducted by an officer of the municipality without warrant, shall
123	123	not be infringed.
124	124	Article 6. The rule of lenity is to be enforced in all
125	125	applicable municipal proceedings.
126	126	SECTION 4. Subtitle B, Title 2, Local Government Code, is
127	127	amended by adding Chapter 27 to read as follows:
128	128	CHAPTER 27. FORM OF GOVERNMENT IN LIBERTY CITY
129	129	SUBCHAPTER A. GENERAL PROVISIONS
130	130	Sec. 27.001. CHAPTER APPLICABLE TO LIBERTY CITY. This
131	131	chapter applies only to a Liberty City.
132	132	SUBCHAPTER B. FORM OF GOVERNMENT
133	133	Sec. 27.011. FORM OF GOVERNMENT. The municipality operates
134	134	under the aldermanic or commission form of government, as
135	135	determined by the voters when the municipality is incorporated as
136	136	or converted to a Liberty City.
137	137	SUBCHAPTER C. GOVERNING BODY
138	138	Sec. 27.021. GOVERNING BODY. The governing body of the
139	139	municipality is comprised of the mayor and the number of
140	140	commissioners or aldermen, as applicable, established at the
141	141	election to incorporate as or convert to a Liberty City.
142	142	Sec. 27.022. INITIAL ELECTION OF GOVERNING BODY. The
143	143	initial governing body of the municipality, including the mayor,
144	144	must be elected at the election to incorporate as or convert to a
145	145	Liberty City.
146	146	Sec. 27.023. TERM OF OFFICE. The mayor and members of the
147	147	governing body of the municipality serve for a term of two years
148	148	unless a longer term is established as authorized under Article XI,
149	149	Section 11, of the Texas Constitution.
150	150	Sec. 27.024. BOND. The mayor and members of the governing
151	151	body of the municipality must each execute a bond payable to the
152	152	municipality and conditioned that the officer will faithfully
153	153	perform the duties of the office.
154	154	SUBCHAPTER D. MUNICIPAL OFFICERS
155	155	Sec. 27.041. CREATION OF MUNICIPAL OFFICES. The governing
156	156	body of the municipality may:
157	157	(1) create additional offices of the municipality;
158	158	(2) determine the method for selecting officers; and
159	159	(3) prescribe the qualifications, duties, and tenure
160	160	of office for officers.
161	161	Sec. 27.042. BOND. The governing body of the municipality
162	162	may require a municipal officer to execute a bond payable to the
163	163	municipality and conditioned that the officer will faithfully
164	164	perform the duties of the office.
165	165	SECTION 5. Subchapter B, Chapter 43, Local Government Code,
166	166	is amended by adding Section 43.037 to read as follows:
167	167	Sec. 43.037. AUTHORITY OF LIBERTY CITY TO ANNEX AREA. (a)
168	168	Notwithstanding any other law, a Liberty City may annex an area
169	169	under this chapter only if:
170	170	(1) the municipality holds an election in the
171	171	municipality, at which the qualified voters of the municipality may
172	172	vote on the question of the annexation, and a majority of the votes
173	173	received at the election approve the annexation; and
174	174	(2) one of the following conditions is met:
175	175	(A) the municipality holds an election in the
176	176	area proposed to be annexed, at which the qualified voters of the
177	177	area may vote on the question of the annexation, and a majority of
178	178	the votes received at the election approve the annexation;
179	179	(B) a majority of the registered voters of the
180	180	area proposed to be annexed petition the governing body of the
181	181	municipality, in writing, to annex the area; or
182	182	(C) no qualified voters reside in the area
183	183	proposed to be annexed.
184	184	(b) On the effective date of an annexation ordinance, the
185	185	area becomes a part of the municipality and a resident of the area
186	186	is entitled to the rights and privileges of a resident of the
187	187	municipality and is bound by the acts and ordinances adopted by the
188	188	municipality.
189	189	SECTION 6. Chapter 51, Local Government Code, is amended by
190	190	adding Subchapter F to read as follows:
191	191	SUBCHAPTER F. PROVISIONS APPLICABLE TO LIBERTY CITY
192	192	Sec. 51.091. SUBCHAPTER APPLICABLE TO LIBERTY CITY. This
193	193	subchapter applies only to a Liberty City.
194	194	Sec. 51.092. AUTHORITY, DUTIES, AND PRIVILEGES. The
195	195	municipality has the same authority, duties, and privileges as a
196	196	Type A general-law municipality that are not inconsistent with this
197	197	subchapter or another provision of law specifically governing a
198	198	Liberty City.
199	199	Sec. 51.093. AUTHORITY TO IMPOSE PROPERTY TAX. The
200	200	municipality may not impose a tax on real or personal property or
201	201	increase the rate of an adopted tax on real or personal property
202	202	unless the imposition or increase is approved by at least 60 percent
203	203	of the qualified voters of the municipality voting at an election
204	204	held for that purpose.
205	205	Sec. 51.094. AUTHORITY TO ISSUE PUBLIC DEBT; ELECTION. (a)
206	206	In this section, "debt obligation" means a public security, as
207	207	defined by Section 1201.002, Government Code.
208	208	(b) The municipality may not issue bonds, certificates of
209	209	obligation, or other debt obligations unless the issuance is
210	210	approved by a vote of a majority of the qualified voters of the
211	211	municipality voting at an election held for that purpose.
212	212	Sec. 51.095. PROHIBITION ON ADOPTION AND ENFORCEMENT OF
213	213	ZONING ORDINANCE OR COMPREHENSIVE PLAN. The municipality may not
214	214	adopt or enforce:
215	215	(1) a zoning ordinance or regulation; or
216	216	(2) a comprehensive plan that provides for the
217	217	long-range development of the municipality.
218	218	SECTION 7. Section 102.002, Local Government Code, is
219	219	amended to read as follows:
220	220	Sec. 102.002. ANNUAL BUDGET REQUIRED. The budget officer
221	221	shall prepare each year a municipal budget to cover the proposed
222	222	expenditures of the municipal government for the succeeding year.
223	223	A municipal budget prepared by the budget officer for a Liberty City
224	224	must be a zero-based budget.
225	225	SECTION 8. Section 102.003, Local Government Code, is
226	226	amended by amending Subsection (a) and adding Subsection (c) to
227	227	read as follows:
228	228	(a) The budget officer shall itemize the budget to allow as
229	229	clear a comparison as practicable between expenditures included in
230	230	the proposed budget and actual expenditures for the same or similar
231	231	purposes made for the preceding year. The budget of a municipality
232	232	other than a Liberty City must show as definitely as possible each
233	233	of the projects for which expenditures are set up in the budget and
234	234	the estimated amount of money carried in the budget for each
235	235	project.
236	236	(c) The budget officer of a Liberty City shall prepare a
237	237	zero-based budget that contains:
238	238	(1) a description of the discrete activities the
239	239	municipality conducts or performs with:
240	240	(A) a justification for each activity by
241	241	reference to a statute, ordinance, or other legal authority; and
242	242	(B) an evaluation of the effectiveness and
243	243	efficiency of the municipality's policies, management, fiscal
244	244	affairs, and operations in relation to each activity;
245	245	(2) for each activity identified under Subdivision
246	246	(1), an itemized account of expenditures required to maintain the
247	247	activity at any minimum level of service required by statute,
248	248	ordinance, or other legal authority;
249	249	(3) for each activity identified under Subdivision
250	250	(1), an itemized account of expenditures required to maintain the
251	251	activity at the current level of service or performance; and
252	252	(4) recommendations to the governing body of the
253	253	municipality regarding whether the municipality should continue
254	254	funding each activity identified under Subdivision (1) and, if so,
255	255	at what level.
256	256	SECTION 9. Subtitle A, Title 4, Local Government Code, is
257	257	amended by adding Chapter 110 to read as follows:
258	258	CHAPTER 110. MISCELLANEOUS FINANCIAL PROVISIONS AFFECTING
259	259	MUNICIPALITIES
260	260	Sec. 110.001. LIBERTY CITY ANNUAL FINANCIAL REPORT; DEBT
261	261	INFORMATION. (a) In this section, "debt obligation" means an
262	262	issued public security, as defined by Section 1201.002, Government
263	263	Code.
264	264	(b) The governing body of a Liberty City shall prepare a
265	265	comprehensive annual financial report that includes:
266	266	(1) financial information for each fund subject to the
267	267	authority of the governing body of the municipality during the
268	268	fiscal year, including:
269	269	(A) the total receipts of the fund, itemized by
270	270	source of revenue, including taxes, assessments, service charges,
271	271	grants of state money, gifts, or other general sources from which
272	272	funds are derived;
273	273	(B) the total disbursements of the fund, itemized
274	274	by the nature of the expenditure;
275	275	(C) the balance in the fund as of the last day of
276	276	the fiscal year; and
277	277	(D) any other information required by law to be
278	278	included by the municipality in an annual financial report or
279	279	comparable annual financial statement, exhibit, or report; and
280	280	(2) then-current debt obligation information for the
281	281	municipality that must state:
282	282	(A) the principal of all outstanding debt
283	283	obligations;
284	284	(B) the principal of each outstanding debt
285	285	obligation;
286	286	(C) the combined principal and interest required
287	287	to pay all outstanding debt obligations on time and in full; and
288	288	(D) the combined principal and interest required
289	289	to pay each outstanding debt obligation on time and in full.
290	290	Sec. 110.002. LIBERTY CITY WEBSITE; TRANSPARENCY WEB PAGE.
291	291	(a) This section applies only to a Liberty City.
292	292	(b) The municipality shall maintain an Internet website.
293	293	(c) The municipality shall maintain on the municipality's
294	294	Internet website a web page dedicated to providing transparency to
295	295	the residents of the municipality of the activities of the
296	296	municipality. The municipality shall post the following municipal
297	297	information and documents on the web page as soon as the information
298	298	or document is available:
299	299	(1) the current contact information for each elected
300	300	municipal official;
301	301	(2) a link to another web page maintained by the
302	302	municipality allowing a person to submit an electronic request for
303	303	information under Chapter 552, Government Code;
304	304	(3) the notice, agenda, and minutes for each meeting
305	305	of the governing body of the municipality;
306	306	(4) the approved municipal budget and the information
307	307	required to be posted online by Section 102.008(a)(2);
308	308	(5) the comprehensive municipal annual financial
309	309	report;
310	310	(6) the annual audit of municipal records and
311	311	accounts;
312	312	(7) a statement of the budget and expenses for each
313	313	municipal department;
314	314	(8) the current municipal tax rates for all taxes
315	315	imposed by the municipality; and
316	316	(9) any other document or information that the
317	317	governing body of the municipality considers appropriate to be
318	318	posted on the web page.
319	319	(d) The municipality may not remove a document required to
320	320	be posted under Subsection (c) from the transparency web page until
321	321	the third anniversary of the date the document is posted.
322	322	(e) The requirements prescribed by this section are in
323	323	addition to any other requirement prescribed by law.
324	324	SECTION 10. Section 271.043(7), Local Government Code, is
325	325	amended to read as follows:
326	326	(7) "Issuer" means a municipality, county, or hospital
327	327	district established under Chapter 281, Health and Safety Code. The
328	328	term does not include a Liberty City.
329	329	SECTION 11. Chapter 1251, Government Code, is amended by
330	330	designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
331	331	1251.005, and 1251.006 as Subchapter A and adding a subchapter
332	332	heading to read as follows:
333	333	SUBCHAPTER A. BOND ELECTION REQUIREMENTS FOR COUNTIES AND
334	334	MUNICIPALITIES
335	335	SECTION 12. Chapter 1251, Government Code, is amended by
336	336	adding Subchapter B to read as follows:
337	337	SUBCHAPTER B. DEBT ELECTION BALLOTS FOR LIBERTY CITIES
338	338	Sec. 1251.051. DEFINITIONS. In this subchapter:
339	339	(1) "Liberty City" has the meaning assigned by Section
340	340	1.005, Local Government Code.
341	341	(2) "Public security" has the meaning assigned by
342	342	Section 1201.002.
343	343	Sec. 1251.052. CONTENTS OF BALLOT PROPOSITION. (a) The
344	344	proposition submitted for an election to authorize a Liberty City
345	345	to issue a public security must distinctly state:
346	346	(1) as a total amount and as a per capita amount:
347	347	(A) the then-current combined principal and
348	348	interest required to pay all outstanding public securities of the
349	349	municipality on time and in full; and
350	350	(B) the estimated combined principal and
351	351	interest required to pay the public security to be authorized on
352	352	time and in full; and
353	353	(2) if the public security is supported by property
354	354	taxes, the annual increase in property taxes attributable to the
355	355	public security to be issued that each homeowner of an
356	356	average-priced home within the municipality may be required to pay.
357	357	(b) The requirements for a proposition prescribed by this
358	358	section are in addition to any other requirements prescribed by
359	359	law. To the extent of a conflict between this section and Section
360	360	52.072, Election Code, this section controls.
361	361	SECTION 13. This Act takes effect September 1, 2015.