85R15407 PAM-F
By: Keough H.B. No. 2110
Substitute the following for H.B. No. 2110:
By: Alvarado C.S.H.B. No. 2110
A BILL TO BE ENTITLED
AN ACT
relating to procedures for incorporation or establishment of
another form of local government for certain areas subject to a
regional participation agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 43, Local Government Code,
is amended by adding Section 43.0755 to read as follows:
Sec. 43.0755. PROCEDURES FOR INCORPORATION OR
ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS
SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. (a) In this section,
"district," "eligible municipality," and "regional participation
agreement" have the meanings assigned by Section 43.0754.
(b) This section applies only to a district and an eligible
municipality that have entered into a regional participation
agreement under Section 43.0754 that authorizes any of the actions
described by Section 43.0754(c)(6), (7), or (8).
(c) Notwithstanding any other law, including laws
prescribing population or territorial requirements for
incorporation under Section 5.901, 6.001, 7.001, or 8.001, the
governing body of a district may order an election as provided by
this subsection to be held on a uniform election date prescribed by
Section 41.001, Election Code. An election under this subsection
may, consistent with the regional participation agreement, be
ordered for the purpose of:
(1) submitting to the qualified voters of the district
the question of whether the territory of the district should be
incorporated as a municipality;
(2) submitting to the qualified voters of a designated
area of the district the question of whether that designated area
should be incorporated as a municipality;
(3) submitting to the qualified voters of the district
the question of whether the territory of the district should adopt a
specific alternate form of local government other than a
municipality; or
(4) submitting to the qualified voters of a designated
area of the district the question of whether that designated area
should adopt a specific alternate form of local government other
than a municipality.
(d) Notwithstanding any other law:
(1) the authority of the governing body of a district
to order an election under Subsection (c) is separate and
independent and is the exclusive means of ordering any such
election;
(2) all or any part of the territory of a district may
be incorporated as a Type A, Type B, or Type C municipality, as
determined by the governing body of the district ordering the
incorporation election under Subsection (c)(1) or (2); and
(3) the requirements of Sections 7.002 and 8.002 do
not apply to an election ordered under Subsection (c)(1) or (2).
(e) In an election ordered under Subsection (c)(2) or (4),
the governing body of the district may order elections in multiple
designated areas on the same date or order elections in designated
areas periodically on a uniform election date.
(f) In any election ordered under Subsection (c), the
governing body of the district shall also submit for confirmation
to the voters voting in the election the proposed initial property
tax rate determined for the municipality or alternate form of
government, as applicable, which may not exceed the maximum rate
authorized by law. The ballot in an election held under Subsection
(c) shall be printed to permit voting for or against the
proposition: "Authorizing the (specify the incorporation of or the
adoption of an alternate form of local government for) (insert name
of local government) and the adoption of an initial property tax
rate of not more than (specify the maximum rate determined)."
(g) In any election ordered under Subsection (c), the
governing body of the district may also submit to the voters voting
in the election any other measure the governing body considers
necessary and convenient to effectuate the transition to a
municipal or alternate form of local government, including a
measure on the question of whether, on incorporation as a
municipality or establishment of an alternate form of local
government, any rights, powers, privileges, duties, purposes,
functions, or responsibilities of the district or the district's
authority to issue bonds and impose a tax is transferred to the
municipality or alternate form of local government.
(h) If a majority of the voters voting in an election under
Subsection (c)(2) or (4) approve the proposition submitted on the
form of local government, the county judge of the county in which
the municipality or alternate form of local government is located
shall order an election for the governing body of the municipality
or alternate form of local government to be held on a date that
complies with the provisions of the Election Code, except that
Section 41.001(a), Election Code, does not apply. A municipality
or alternate form of local government resulting from an election
described by this subsection is incorporated or established on the
date a majority of the members of the governing body qualify and
take office.
(i) If a majority of the voters voting in an election under
Subsection (c)(1) or (3) approve the proposition submitted on the
form of local government, the district is dissolved and the
governing body of the district will serve as the temporary
governing body of the municipality or alternate form of local
government until a permanent governing body is elected as provided
by Subsection (j).
(j) The temporary governing body under Subsection (i) shall
order an election to elect the permanent governing body of the
municipality or alternate form of local government to occur on a
date that complies with the provisions of the Election Code, except
that Section 41.001(a), Election Code, does not apply.
(k) An election ordered under Subsection (h) or (j) to elect
members of the governing body of a municipality must be held under
the applicable provisions of Chapter 22, 23, or 24, to the extent
consistent with this section. An election for members of the
governing body of an alternate form of government must be held under
the law applicable to that form of government, to the extent
consistent with this section.
(l) If a majority of the voters voting in an election under
Subsection (c)(1) or (3) approve the proposition submitted on the
form of local government for the territory of the district, the
assets, liabilities, and obligations of the district are
transferred to the form of government approved at the election.
(m) If a majority of the voters voting in an election under
Subsection (c)(2) or (4) approve the proposition submitted on the
form of local government in a designated area of the district and
if, on the date of the election approving the form of local
government, the district owes any debts, by bond or otherwise, the
designated area is not released from its pro rata share of the
indebtedness.
(n) For purposes of determining the initial tax rate of a
municipality or an alternate form of local government, the tax rate
of the district when the territory incorporated or established as
an alternate form of government was part of the district is not
considered for purposes of the calculations required by Section
26.04(c), Tax Code.
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, 2017.