1 | 1 | | H.B. No. 4559 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the application of statutes that classify political |
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6 | 6 | | subdivisions according to population. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 147.003(a), Agriculture Code, is amended |
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9 | 9 | | to read as follows: |
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10 | 10 | | (a) A person pursuing the business of selling mules, horses, |
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11 | 11 | | jacks, or jennets in a county with a population of not less than 2.1 |
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12 | 12 | | [1.8] million nor more than 2.2 [1.9] million is not subject to this |
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13 | 13 | | chapter as a livestock auction commission merchant. |
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14 | 14 | | SECTION 2. Section 148.001, Agriculture Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | Sec. 148.001. DEFINITION. In this chapter, "slaughterer" |
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17 | 17 | | means a person engaged in the business of: |
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18 | 18 | | (1) slaughtering livestock for profit; or |
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19 | 19 | | (2) selling livestock, as a primary business, to be |
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20 | 20 | | slaughtered by the purchaser on premises owned or operated by the |
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21 | 21 | | seller, in a county: |
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22 | 22 | | (A) with a population of 1.2 [one] million or |
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23 | 23 | | more; |
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24 | 24 | | (B) in which [that contains] two or more |
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25 | 25 | | municipalities with a population of 280,000 [250,000] or more are |
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26 | 26 | | wholly or primarily located; |
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27 | 27 | | (C) that is adjacent to a county described by |
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28 | 28 | | Paragraph (B); or |
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29 | 29 | | (D) that is adjacent to a county described by |
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30 | 30 | | Paragraph (C) and: |
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31 | 31 | | (i) has a population of not more than 55,000 |
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32 | 32 | | [50,000] and contains a municipality with a population of at least |
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33 | 33 | | 20,000; or |
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34 | 34 | | (ii) in which [contains, wholly or partly,] |
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35 | 35 | | two or more municipalities with a population of 280,000 [250,000] |
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36 | 36 | | or more are partly located. |
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37 | 37 | | SECTION 3. Section 109.57(e), Alcoholic Beverage Code, is |
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38 | 38 | | amended to read as follows: |
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39 | 39 | | (e) A municipality located in a county that has a population |
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40 | 40 | | of 2.2 million or more and that is adjacent to a county with a |
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41 | 41 | | population of more than 850,000 [600,000] or a municipality located |
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42 | 42 | | in a county with a population of 850,000 [600,000] or more and that |
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43 | 43 | | is adjacent to a county with a population of 2.2 million or more may |
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44 | 44 | | regulate, in a manner not otherwise prohibited by law, the location |
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45 | 45 | | of an establishment issued a permit under Chapter 32 if: |
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46 | 46 | | (1) the establishment derives 35 percent or more of |
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47 | 47 | | the establishment's gross revenue from the on-premises sale or |
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48 | 48 | | service of alcoholic beverages and the premises of the |
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49 | 49 | | establishment are located in a dry area; and |
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50 | 50 | | (2) the permit is not issued to a fraternal or veterans |
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51 | 51 | | organization or the holder of a food and beverage certificate. |
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52 | 52 | | SECTION 4. Section 251.726(a), Alcoholic Beverage Code, is |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | (a) This section applies only to a municipality that has |
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55 | 55 | | within its boundaries all or part of an international airport |
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56 | 56 | | operated jointly by two municipalities and: |
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57 | 57 | | (1) that is: |
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58 | 58 | | (A) partially located in three counties, two of |
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59 | 59 | | which have a population of 2.1 [1.8] million or more; and |
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60 | 60 | | (B) primarily located in a county with a |
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61 | 61 | | population of 2.1 [1.8] million or more; or |
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62 | 62 | | (2) that: |
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63 | 63 | | (A) is partially located in five counties, one of |
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64 | 64 | | which: |
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65 | 65 | | (i) has a population of 2.1 [1.8] million or |
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66 | 66 | | more; and |
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67 | 67 | | (ii) is adjacent to a county with a |
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68 | 68 | | population of 2.2 million or more; |
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69 | 69 | | (B) is subject to a limited purpose annexation |
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70 | 70 | | and development agreement under Subchapter G, Chapter 212, Local |
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71 | 71 | | Government Code; and |
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72 | 72 | | (C) may annex an area on request of the owners of |
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73 | 73 | | land in the area under Subchapter C-3, Chapter 43, Local Government |
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74 | 74 | | Code. |
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75 | 75 | | SECTION 5. Section 251.727(a), Alcoholic Beverage Code, is |
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76 | 76 | | amended to read as follows: |
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77 | 77 | | (a) This section applies only to: |
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78 | 78 | | (1) a municipality that contains U.S. Highway 287 and |
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79 | 79 | | State Highway 294 and is located in a county with a population of |
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80 | 80 | | not less than 57,000 and not more than 59,000 on September 1, 2021; |
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81 | 81 | | or |
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82 | 82 | | (2) a municipality that: |
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83 | 83 | | (A) has a municipal boundary located not more |
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84 | 84 | | than 1.5 miles from an automobile racetrack with a seating capacity |
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85 | 85 | | of more than 100,000; |
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86 | 86 | | (B) has a population of more than 5,000 [1,000] |
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87 | 87 | | and less than 5,500 [3,000]; and |
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88 | 88 | | (C) is located entirely within a county with a |
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89 | 89 | | population of more than 650,000 that is adjacent to two counties, |
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90 | 90 | | each of which has a population of more than 1.8 million. |
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91 | 91 | | SECTION 6. Section 251.742(b), Alcoholic Beverage Code, is |
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92 | 92 | | amended to read as follows: |
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93 | 93 | | (b) This section applies only to a municipality that: |
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94 | 94 | | (1) has a population of 15,000 or more; and |
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95 | 95 | | (2) is located in two counties one of which: |
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96 | 96 | | (A) has a population of 340,000 or more; |
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97 | 97 | | (B) contains a municipality in which at least 85 |
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98 | 98 | | percent of the county's population resides; and |
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99 | 99 | | (C) [(B)] borders the Gulf of Mexico. |
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100 | 100 | | SECTION 7. Article 2.21(g), Code of Criminal Procedure, is |
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101 | 101 | | amended to read as follows: |
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102 | 102 | | (g) A clerk in a county with a population of less than 2.5 |
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103 | 103 | | [two] million must provide written notice by mail to the attorney |
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104 | 104 | | representing the state in the case and the attorney representing |
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105 | 105 | | the defendant before disposing of an eligible exhibit. |
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106 | 106 | | SECTION 8. Article 45.014(d), Code of Criminal Procedure, |
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107 | 107 | | is amended to read as follows: |
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108 | 108 | | (d) In a county with a population of more than 2.5 [two] |
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109 | 109 | | million that does not have a county attorney, a justice or judge may |
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110 | 110 | | not issue a warrant under this section for an offense under Section |
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111 | 111 | | 32.41, Penal Code, unless the district attorney has approved the |
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112 | 112 | | complaint or affidavit on which the warrant is based. |
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113 | 113 | | SECTION 9. Article 45.019(g), Code of Criminal Procedure, |
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114 | 114 | | is amended to read as follows: |
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115 | 115 | | (g) In a county with a population of more than 2.5 [two] |
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116 | 116 | | million that does not have a county attorney, a complaint for an |
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117 | 117 | | offense under Section 32.41, Penal Code, must be approved by the |
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118 | 118 | | district attorney, regardless of whether a collection proceeding is |
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119 | 119 | | initiated by the district attorney under Section 32.41(e), Penal |
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120 | 120 | | Code. |
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121 | 121 | | SECTION 10. Article 46B.084(a)(2), Code of Criminal |
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122 | 122 | | Procedure, is amended to read as follows: |
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123 | 123 | | (2) Notwithstanding Subdivision (1), in a county with |
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124 | 124 | | a population of less than 1.2 [one] million or in a county with a |
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125 | 125 | | population of four million or more, as soon as practicable |
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126 | 126 | | following the date of the defendant's return to the court, the court |
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127 | 127 | | shall provide the notice required by that subdivision to the |
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128 | 128 | | attorney representing the state and the attorney for the defendant, |
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129 | 129 | | and the attorney for the defendant shall meet and confer with the |
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130 | 130 | | defendant as soon as practicable after the date of receipt of that |
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131 | 131 | | notice. |
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132 | 132 | | SECTION 11. Article 46B.084(a-1)(2), Code of Criminal |
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133 | 133 | | Procedure, is amended to read as follows: |
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134 | 134 | | (2) Notwithstanding Subdivision (1), in a county with |
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135 | 135 | | a population of less than 1.2 [one] million or in a county with a |
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136 | 136 | | population of four million or more, the court shall make the |
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137 | 137 | | determination described by that subdivision not later than the 20th |
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138 | 138 | | day after the date on which the court received notification under |
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139 | 139 | | Article 46B.079, regardless of whether a party objects to the |
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140 | 140 | | report as described by that subdivision and the issue is set for a |
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141 | 141 | | hearing under Subsection (b). |
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142 | 142 | | SECTION 12. Article 46B.084(d)(2), Code of Criminal |
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143 | 143 | | Procedure, is amended to read as follows: |
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144 | 144 | | (2) Notwithstanding Subdivision (1), in a county with |
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145 | 145 | | a population of less than 1.2 [one] million or in a county with a |
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146 | 146 | | population of four million or more, on the court's own motion |
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147 | 147 | | criminal proceedings in the case against the defendant shall be |
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148 | 148 | | resumed as soon as practicable after the date of the court's |
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149 | 149 | | determination under this article that the defendant's competency |
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150 | 150 | | has been restored. |
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151 | 151 | | SECTION 13. Section 1, Article 49.25, Code of Criminal |
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152 | 152 | | Procedure, is amended to read as follows: |
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153 | 153 | | Sec. 1. OFFICE AUTHORIZED. Subject to the provisions of |
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154 | 154 | | this article, the commissioners court of any county having a |
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155 | 155 | | population of more than 2.5 [two] million shall establish and |
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156 | 156 | | maintain the office of medical examiner, and the commissioners |
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157 | 157 | | court of any county may establish and provide for the maintenance of |
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158 | 158 | | the office of medical examiner. Population shall be according to |
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159 | 159 | | the last preceding federal census. |
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160 | 160 | | SECTION 14. Articles 102.014(a), (b), (f), and (g), Code of |
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161 | 161 | | Criminal Procedure, are amended to read as follows: |
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162 | 162 | | (a) The governing body of a municipality with a population |
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163 | 163 | | greater than 1.3 million [850,000] according to the most recent |
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164 | 164 | | federal decennial census that has adopted an ordinance, regulation, |
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165 | 165 | | or order regulating the stopping, standing, or parking of vehicles |
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166 | 166 | | as allowed by Section 542.202, Transportation Code, or Chapter 682, |
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167 | 167 | | Transportation Code, shall by order assess on each parking |
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168 | 168 | | violation a fine of not less than $2 and not to exceed $5. |
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169 | 169 | | (b) The governing body of a municipality with a population |
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170 | 170 | | less than 1.3 million [850,000] according to the most recent |
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171 | 171 | | federal decennial census that has adopted an ordinance, regulation, |
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172 | 172 | | or order regulating the stopping, standing, or parking of vehicles |
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173 | 173 | | as allowed by Section 542.202, Transportation Code, or Chapter 682, |
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174 | 174 | | Transportation Code, may by order assess on each parking violation |
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175 | 175 | | a fine not to exceed $5. |
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176 | 176 | | (f) In a municipality with a population greater than 1.3 |
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177 | 177 | | million [850,000] according to the most recent federal decennial |
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178 | 178 | | census, the officer collecting a fine in a municipal court case |
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179 | 179 | | shall deposit money collected under this article in the municipal |
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180 | 180 | | child safety trust fund established as required by Chapter 106, |
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181 | 181 | | Local Government Code. |
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182 | 182 | | (g) In a municipality with a population less than 1.3 |
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183 | 183 | | million [850,000] according to the most recent federal decennial |
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184 | 184 | | census, the money collected under this article in a municipal court |
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185 | 185 | | case must be used for a school crossing guard program if the |
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186 | 186 | | municipality operates one. If the municipality does not operate a |
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187 | 187 | | school crossing guard program or if the money received from fines |
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188 | 188 | | from municipal court cases exceeds the amount necessary to fund the |
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189 | 189 | | school crossing guard program, the municipality may: |
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190 | 190 | | (1) deposit the additional money in an |
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191 | 191 | | interest-bearing account; |
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192 | 192 | | (2) expend the additional money for programs designed |
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193 | 193 | | to enhance child safety, health, or nutrition, including child |
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194 | 194 | | abuse prevention and intervention and drug and alcohol abuse |
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195 | 195 | | prevention; or |
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196 | 196 | | (3) expend the additional money for programs designed |
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197 | 197 | | to enhance public safety and security. |
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198 | 198 | | SECTION 15. Section 11.0581(a), Education Code, is amended |
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199 | 199 | | to read as follows: |
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200 | 200 | | (a) An election for trustees of an independent school |
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201 | 201 | | district shall be held on the same date as: |
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202 | 202 | | (1) the election for the members of the governing body |
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203 | 203 | | of a municipality located in the school district; |
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204 | 204 | | (2) the general election for state and county |
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205 | 205 | | officers; |
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206 | 206 | | (3) the election for the members of the governing body |
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207 | 207 | | of a hospital district, if the school district: |
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208 | 208 | | (A) is wholly or partly located in a county with a |
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209 | 209 | | population of less than 50,000 [40,000] that is adjacent to a county |
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210 | 210 | | with a population of more than three million; and |
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211 | 211 | | (B) held its election for trustees jointly with |
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212 | 212 | | the election for the members of the governing body of the hospital |
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213 | 213 | | district before May 2007; or |
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214 | 214 | | (4) the election for the members of the governing |
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215 | 215 | | board of a public junior college district in which the school |
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216 | 216 | | district is wholly or partly located. |
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217 | 217 | | SECTION 16. Section 11.065(a), Education Code, is amended |
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218 | 218 | | to read as follows: |
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219 | 219 | | (a) Sections 11.052(g) and (h) and Sections 11.059(a) and |
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220 | 220 | | (b) do not apply to the board of trustees of a school district if: |
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221 | 221 | | (1) the district's central administrative office is |
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222 | 222 | | located in a county with a population of more than 2.5 [two] |
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223 | 223 | | million; and |
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224 | 224 | | (2) the district's student enrollment is more than |
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225 | 225 | | 125,000 and less than 200,000. |
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226 | 226 | | SECTION 17. Section 11.151(f), Education Code, is amended |
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227 | 227 | | to read as follows: |
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228 | 228 | | (f) For purposes of this section, a county board of |
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229 | 229 | | education, as defined by a board of county school trustees, and |
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230 | 230 | | office of county school superintendent in a county with a |
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231 | 231 | | population of 2.5 [2.2] million or more and that is adjacent to a |
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232 | 232 | | county with a population of more than one million [800,000] are |
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233 | 233 | | included within the definition of a school district and subject to |
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234 | 234 | | the oversight of the agency. |
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235 | 235 | | SECTION 18. Section 25.093(b), Education Code, is amended |
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236 | 236 | | to read as follows: |
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237 | 237 | | (b) The attendance officer or other appropriate school |
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238 | 238 | | official shall file a complaint against the parent in: |
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239 | 239 | | (1) the constitutional county court of the county in |
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240 | 240 | | which the parent resides or in which the school is located, if the |
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241 | 241 | | county has a population of 2.1 [1.75] million or more; |
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242 | 242 | | (2) a justice court of any precinct in the county in |
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243 | 243 | | which the parent resides or in which the school is located; or |
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244 | 244 | | (3) a municipal court of the municipality in which the |
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245 | 245 | | parent resides or in which the school is located. |
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246 | 246 | | SECTION 19. Sections 37.011(a-2) and (a-3), Education Code, |
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247 | 247 | | are amended to read as follows: |
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248 | 248 | | (a-2) For purposes of this section and Section 37.010(a), a |
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249 | 249 | | county with a population greater than 125,000 is considered to be a |
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250 | 250 | | county with a population of 125,000 or less if the county: |
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251 | 251 | | (1) has a population of 195,000 [180,000] or less; |
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252 | 252 | | (2) is adjacent to two counties, each of which has a |
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253 | 253 | | population of more than 1.7 million; and |
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254 | 254 | | (3) has seven or more school districts located wholly |
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255 | 255 | | within the county's boundaries. |
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256 | 256 | | (a-3) For purposes of this section and Section 37.010(a), a |
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257 | 257 | | county with a population greater than 125,000 is considered to be a |
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258 | 258 | | county with a population of 125,000 or less if the county: |
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259 | 259 | | (1) has a population of more than 200,000 and less than |
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260 | 260 | | 233,500 [220,000]; |
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261 | 261 | | (2) has five or more school districts located wholly |
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262 | 262 | | within the county's boundaries; and |
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263 | 263 | | (3) has located in the county a juvenile justice |
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264 | 264 | | alternative education program that, on May 1, 2011, served fewer |
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265 | 265 | | than 15 students. |
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266 | 266 | | SECTION 20. Section 38.007(b), Education Code, is amended |
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267 | 267 | | to read as follows: |
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268 | 268 | | (b) The board of trustees of a school district shall attempt |
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269 | 269 | | to provide a safe alcohol-free environment to students coming to or |
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270 | 270 | | going from school. The board of trustees may cooperate with local |
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271 | 271 | | law enforcement officials and the Texas Alcoholic Beverage |
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272 | 272 | | Commission in attempting to provide this environment and in |
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273 | 273 | | enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage |
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274 | 274 | | Code. Additionally, the board, if a majority of the area of a |
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275 | 275 | | district is located in a municipality with a population of 1.3 |
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276 | 276 | | million [900,000] or more, may petition the commissioners court of |
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277 | 277 | | the county in which the district is located or the governing board |
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278 | 278 | | of an incorporated city or town in which the district is located to |
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279 | 279 | | adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage |
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280 | 280 | | Code. |
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281 | 281 | | SECTION 21. Section 45.105(e), Education Code, is amended |
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282 | 282 | | to read as follows: |
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283 | 283 | | (e) The governing body of an independent school district |
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284 | 284 | | that governs a junior college district under Subchapter B, Chapter |
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285 | 285 | | 130, in a county with a population of more than 2.5 [two] million |
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286 | 286 | | may dedicate a specific percentage of the local tax levy to the use |
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287 | 287 | | of the junior college district for facilities and equipment or for |
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288 | 288 | | the maintenance and operating expenses of the junior college |
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289 | 289 | | district. To be effective, the dedication must be made by the |
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290 | 290 | | governing body on or before the date on which the governing body |
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291 | 291 | | adopts its tax rate for a year. The amount of local tax funds |
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292 | 292 | | derived from the percentage of the local tax levy dedicated to a |
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293 | 293 | | junior college district from a tax levy may not exceed the amount |
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294 | 294 | | that would be levied by five percent of the no-new-revenue tax rate |
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295 | 295 | | for the tax year calculated as provided by Section 26.04, Tax Code, |
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296 | 296 | | on all property taxable by the school district. All real property |
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297 | 297 | | purchased with these funds is the property of the school district, |
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298 | 298 | | but is subject to the exclusive control of the governing body of the |
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299 | 299 | | junior college district for as long as the junior college district |
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300 | 300 | | uses the property for educational purposes. |
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301 | 301 | | SECTION 22. Section 51.214(a), Education Code, is amended |
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302 | 302 | | to read as follows: |
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303 | 303 | | (a) In any municipality with a population of 1.18 million or |
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304 | 304 | | more located primarily in a county with a population of 2.5 [2] |
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305 | 305 | | million or more, the governing board of a private, nonprofit |
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306 | 306 | | medical corporation, or of the parent corporation of such medical |
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307 | 307 | | corporation, that provides police or security services for an |
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308 | 308 | | institution of higher education or a private postsecondary |
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309 | 309 | | educational institution located within one of the medical |
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310 | 310 | | corporation's or parent corporation's medical complexes, or that |
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311 | 311 | | provides police or security services for another medical complex |
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312 | 312 | | legally affiliated with or owned, leased, managed, or controlled by |
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313 | 313 | | the medical corporation or parent corporation, may employ and |
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314 | 314 | | commission police or security personnel to enforce the law of this |
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315 | 315 | | state within the jurisdiction designated by Subsection (c). |
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316 | 316 | | SECTION 23. Section 53A.49(a), Education Code, is amended |
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317 | 317 | | to read as follows: |
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318 | 318 | | (a) In the same manner that a corporation may issue bonds |
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319 | 319 | | under this chapter for an institution of higher education, a |
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320 | 320 | | corporation created under Section 53A.35(b) may issue bonds to |
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321 | 321 | | finance or refinance educational facilities to be used by a school |
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322 | 322 | | that: |
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323 | 323 | | (1) is located in a county with a population of more |
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324 | 324 | | than 2.5 [two] million; |
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325 | 325 | | (2) is located within three miles of an area |
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326 | 326 | | designated as an enterprise zone under Chapter 2303, Government |
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327 | 327 | | Code; |
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328 | 328 | | (3) provides primary and secondary education to at |
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329 | 329 | | least 1,000 students; |
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330 | 330 | | (4) is accredited by an organization approved by the |
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331 | 331 | | Texas Education Agency for private school accreditation; and |
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332 | 332 | | (5) is owned and operated by a corporation created |
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333 | 333 | | under the Texas Nonprofit Corporation Law, as described by Section |
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334 | 334 | | 1.008(d), Business Organizations Code [Texas Non-Profit |
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335 | 335 | | Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil |
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336 | 336 | | Statutes)]. |
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337 | 337 | | SECTION 24. Section 61.0764(b), Education Code, is amended |
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338 | 338 | | to read as follows: |
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339 | 339 | | (b) The board shall select one licensed hospital located in |
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340 | 340 | | a county that borders the United Mexican States and that has a |
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341 | 341 | | population of [at least 700,000 and not] more than 870,000 |
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342 | 342 | | [800,000] to participate in the pilot program. The hospital must |
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343 | 343 | | be accredited by The Joint Commission and: |
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344 | 344 | | (1) have been issued: |
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345 | 345 | | (A) a certificate of approval to offer a program |
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346 | 346 | | of instruction by the Texas Workforce Commission under Subchapter |
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347 | 347 | | C, Chapter 132; or |
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348 | 348 | | (B) a certificate of authority to award a degree |
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349 | 349 | | for a program of study by the board under Subchapter G of this |
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350 | 350 | | chapter; |
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351 | 351 | | (2) be accredited to offer a degree program by the |
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352 | 352 | | appropriate recognized regional accrediting agency; or |
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353 | 353 | | (3) must: |
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354 | 354 | | (A) have entered into a partnership with an |
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355 | 355 | | institution of higher education to offer dual credit courses under |
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356 | 356 | | the pilot program; and |
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357 | 357 | | (B) be seeking authorization to offer a program |
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358 | 358 | | of instruction or study as described by Subdivision (1) or |
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359 | 359 | | accreditation to offer a degree program as described by Subdivision |
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360 | 360 | | (2). |
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361 | 361 | | SECTION 25. Section 130.082(i), Education Code, is amended |
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362 | 362 | | to read as follows: |
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363 | 363 | | (i) The election of trustees of a countywide junior or |
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364 | 364 | | community college district that contains a city with a population |
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365 | 365 | | of more than 1.18 million located primarily in a county with a |
---|
366 | 366 | | population of 2.5 [2] million or more shall be held on the first |
---|
367 | 367 | | Saturday in April of each even-numbered year. When a runoff |
---|
368 | 368 | | election is necessary, the board may order the election for a date |
---|
369 | 369 | | to coincide with the date of the runoff election for city officials, |
---|
370 | 370 | | if the city is holding a runoff election; otherwise, the board |
---|
371 | 371 | | shall set the date of the runoff election for not later than three |
---|
372 | 372 | | weeks following the regular election. |
---|
373 | 373 | | SECTION 26. Section 31.039(g), Election Code, is amended to |
---|
374 | 374 | | read as follows: |
---|
375 | 375 | | (g) Section 31.035(b) does not apply to a person employed on |
---|
376 | 376 | | a full-time basis by the administrator's office in a county with a |
---|
377 | 377 | | population of 1.2 [one] million or less that has an election |
---|
378 | 378 | | administrator. |
---|
379 | 379 | | SECTION 27. Section 31.160(e), Election Code, is amended to |
---|
380 | 380 | | read as follows: |
---|
381 | 381 | | (e) The joint elections administrator for a county with a |
---|
382 | 382 | | population of 1.2 [one] million or more that has an elections |
---|
383 | 383 | | administrator is subject to Section 31.035 in the same manner as a |
---|
384 | 384 | | county elections administrator. A person employed on a full-time |
---|
385 | 385 | | basis by the joint elections administrator's office for that county |
---|
386 | 386 | | is subject to Section 31.035 in the same manner as the joint |
---|
387 | 387 | | elections administrator. |
---|
388 | 388 | | SECTION 28. Section 85.066(b), Election Code, is amended to |
---|
389 | 389 | | read as follows: |
---|
390 | 390 | | (b) For a countywide election in a county with a population |
---|
391 | 391 | | of more than 3.3 [2.5] million and a primary election in a county |
---|
392 | 392 | | with a population of more than 1 million in which temporary branch |
---|
393 | 393 | | polling places are established under Section 85.062(d)(1), the |
---|
394 | 394 | | commissioners court may limit voting at a temporary branch polling |
---|
395 | 395 | | place to the voters of particular state representative districts. |
---|
396 | 396 | | To the extent practicable, the state representative districts shall |
---|
397 | 397 | | be grouped so that the temporary branch polling places in each group |
---|
398 | 398 | | serve substantially equal numbers of voters. A maximum of four |
---|
399 | 399 | | groups of state representative districts may be established under |
---|
400 | 400 | | this subsection. |
---|
401 | 401 | | SECTION 29. Section 143.005(e), Election Code, is amended |
---|
402 | 402 | | to read as follows: |
---|
403 | 403 | | (e) If the city charter of a home-rule city with a |
---|
404 | 404 | | population of more than 1.18 million located primarily in a county |
---|
405 | 405 | | with a population of 2.5 [2] million or more that holds nonpartisan |
---|
406 | 406 | | elections for its offices requires both a petition and a $50 fee to |
---|
407 | 407 | | be filed for a candidate's name to be placed on the ballot, those |
---|
408 | 408 | | requirements supersede this section. |
---|
409 | 409 | | SECTION 30. Section 172.024(a), Election Code, is amended |
---|
410 | 410 | | to read as follows: |
---|
411 | 411 | | (a) The filing fee for a candidate for nomination in the |
---|
412 | 412 | | general primary election is as follows: |
---|
413 | 413 | | (1) United States senator $5,000 |
---|
414 | 414 | | (2) office elected statewide, except United States |
---|
415 | 415 | | senator 3,750 |
---|
416 | 416 | | (3) United States representative 3,125 |
---|
417 | 417 | | (4) state senator 1,250 |
---|
418 | 418 | | (5) state representative 750 |
---|
419 | 419 | | (6) member, State Board of Education 300 |
---|
420 | 420 | | (7) chief justice or justice, court of appeals, other |
---|
421 | 421 | | than a justice specified by Subdivision (8) 1,875 |
---|
422 | 422 | | (8) chief justice or justice of a court of appeals that |
---|
423 | 423 | | serves a court of appeals district in which a county with a |
---|
424 | 424 | | population of more than 1.2 [one] million is wholly or partly |
---|
425 | 425 | | situated 2,500 |
---|
426 | 426 | | (9) district judge or judge specified by Section |
---|
427 | 427 | | 52.092(d) for which this schedule does not otherwise prescribe a |
---|
428 | 428 | | fee 1,500 |
---|
429 | 429 | | (10) district or criminal district judge of a court in |
---|
430 | 430 | | a judicial district wholly contained in a county with a population |
---|
431 | 431 | | of more than 1.5 million 2,500 |
---|
432 | 432 | | (11) judge, statutory county court, other than a judge |
---|
433 | 433 | | specified by Subdivision (12) 1,500 |
---|
434 | 434 | | (12) judge of a statutory county court in a county with |
---|
435 | 435 | | a population of more than 1.5 million 2,500 |
---|
436 | 436 | | (13) district attorney, criminal district attorney, |
---|
437 | 437 | | or county attorney performing the duties of a district attorney |
---|
438 | 438 | | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,250 |
---|
439 | 439 | | (14) county commissioner, district clerk, county |
---|
440 | 440 | | clerk, sheriff, county tax assessor-collector, county treasurer, |
---|
441 | 441 | | or judge, constitutional county court: |
---|
442 | 442 | | (A) county with a population of 200,000 or more |
---|
443 | 443 | | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,250 |
---|
444 | 444 | | (B) county with a population of under 200,000 |
---|
445 | 445 | | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750 |
---|
446 | 446 | | (15) justice of the peace or constable: |
---|
447 | 447 | | (A) county with a population of 200,000 or more |
---|
448 | 448 | | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 |
---|
449 | 449 | | (B) county with a population of under 200,000 |
---|
450 | 450 | | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 |
---|
451 | 451 | | (16) county surveyor 75 |
---|
452 | 452 | | (17) office of the county government for which this |
---|
453 | 453 | | schedule does not otherwise prescribe a fee 750 |
---|
454 | 454 | | SECTION 31. Section 65.004(a), Family Code, is amended to |
---|
455 | 455 | | read as follows: |
---|
456 | 456 | | (a) The following are designated as truancy courts: |
---|
457 | 457 | | (1) in a county with a population of 2.1 [1.75] million |
---|
458 | 458 | | or more, the constitutional county court; |
---|
459 | 459 | | (2) justice courts; and |
---|
460 | 460 | | (3) municipal courts. |
---|
461 | 461 | | SECTION 32. Section 84.002(a), Family Code, is amended to |
---|
462 | 462 | | read as follows: |
---|
463 | 463 | | (a) On the request of the prosecuting attorney in a county |
---|
464 | 464 | | with a population of more than 2.5 [two] million or in a county in a |
---|
465 | 465 | | judicial district that is composed of more than one county, the |
---|
466 | 466 | | district court shall set the hearing on a date and time not later |
---|
467 | 467 | | than 20 days after the date the application is filed or 20 days |
---|
468 | 468 | | after the date a request is made to reschedule a hearing under |
---|
469 | 469 | | Section 84.003. |
---|
470 | 470 | | SECTION 33. Section 105.009(m), Family Code, as added by |
---|
471 | 471 | | Chapter 1171 (H.B. 3531), Acts of the 79th Legislature, Regular |
---|
472 | 472 | | Session, 2005, is amended to read as follows: |
---|
473 | 473 | | (m) A course under this section in a suit filed in a county |
---|
474 | 474 | | with a population of more than 2.5 [two] million that is adjacent to |
---|
475 | 475 | | a county with a population of more than one million must be |
---|
476 | 476 | | available in both English and Spanish. |
---|
477 | 477 | | SECTION 34. Section 26.045(d), Government Code, is amended |
---|
478 | 478 | | to read as follows: |
---|
479 | 479 | | (d) A county court in a county with a population of 2.1 |
---|
480 | 480 | | [1.75] million or more has original jurisdiction over cases |
---|
481 | 481 | | alleging a violation of Section 25.093, Education Code, or alleging |
---|
482 | 482 | | truant conduct under Section 65.003(a), Family Code. |
---|
483 | 483 | | SECTION 35. Section 27.055(g), Government Code, is amended |
---|
484 | 484 | | to read as follows: |
---|
485 | 485 | | (g) This subsection applies to a county with a population of |
---|
486 | 486 | | at least 135,000 [120,000] but not more than 145,000 [130,000], |
---|
487 | 487 | | with territory less than 940 square miles that includes a state |
---|
488 | 488 | | park, and with not more than two justice precincts provided that at |
---|
489 | 489 | | least one of the precincts contains all or part of a municipality |
---|
490 | 490 | | with a population of at least 195,000 [190,000] but not more than |
---|
491 | 491 | | 205,000 [200,000]. The county judge of a county to which this |
---|
492 | 492 | | subsection applies may appoint a qualified person to serve as a |
---|
493 | 493 | | temporary justice of the peace for the precinct within which a |
---|
494 | 494 | | municipality or part of a municipality is located to hold court and |
---|
495 | 495 | | perform the duties of the justice when necessary to dispose of |
---|
496 | 496 | | accumulated business in the precinct. |
---|
497 | 497 | | SECTION 36. Section 51.501(c), Government Code, is amended |
---|
498 | 498 | | to read as follows: |
---|
499 | 499 | | (c) The commissioners court of a county that has a |
---|
500 | 500 | | population of 5,415 [5,800] to 5,515 [5,900] shall determine |
---|
501 | 501 | | whether the county shall have a joint clerk but may not take action |
---|
502 | 502 | | to prevent a district clerk, county clerk, or joint clerk from |
---|
503 | 503 | | serving the full term of office to which the clerk was elected. |
---|
504 | 504 | | SECTION 37. Section 54.1171, Government Code, is amended to |
---|
505 | 505 | | read as follows: |
---|
506 | 506 | | Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter |
---|
507 | 507 | | applies to a constitutional county court in a county with a |
---|
508 | 508 | | population of 2.1 [1.75] million or more. |
---|
509 | 509 | | SECTION 38. Section 54.1951, Government Code, is amended to |
---|
510 | 510 | | read as follows: |
---|
511 | 511 | | Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter |
---|
512 | 512 | | applies to a constitutional county court in a county that: |
---|
513 | 513 | | (1) has a population of more than 820,000 [585,000]; |
---|
514 | 514 | | and |
---|
515 | 515 | | (2) is contiguous to a county with a population of at |
---|
516 | 516 | | least four million. |
---|
517 | 517 | | SECTION 39. Section 62.011(b), Government Code, is amended |
---|
518 | 518 | | to read as follows: |
---|
519 | 519 | | (b) A plan authorized by this section for the selection of |
---|
520 | 520 | | names of prospective jurors must: |
---|
521 | 521 | | (1) be proposed in writing to the commissioners court |
---|
522 | 522 | | by a majority of the district and criminal district judges of the |
---|
523 | 523 | | county at a meeting of the judges called for that purpose; |
---|
524 | 524 | | (2) specify that the source of names of persons for |
---|
525 | 525 | | jury service is the same as that provided by Section 62.001 and that |
---|
526 | 526 | | the names of persons listed in a register of persons exempt from |
---|
527 | 527 | | jury service may not be used in preparing the record of names from |
---|
528 | 528 | | which a jury list is selected, as provided by Sections 62.108 and |
---|
529 | 529 | | 62.109; |
---|
530 | 530 | | (3) provide a fair, impartial, and objective method of |
---|
531 | 531 | | selecting names of persons for jury service with the aid of |
---|
532 | 532 | | electronic or mechanical equipment; |
---|
533 | 533 | | (4) designate the district clerk, or in a county with a |
---|
534 | 534 | | population of at least 1.7 million and in which more than 70 [75] |
---|
535 | 535 | | percent of the population resides in a single municipality, a |
---|
536 | 536 | | bailiff appointed as provided under Section 62.019, as the officer |
---|
537 | 537 | | in charge of the selection process and define the officer's duties; |
---|
538 | 538 | | and |
---|
539 | 539 | | (5) provide that the method of selection either will |
---|
540 | 540 | | use the same record of names for the selection of persons for jury |
---|
541 | 541 | | service until that record is exhausted or will use the same record |
---|
542 | 542 | | of names for a period of time specified by the plan. |
---|
543 | 543 | | SECTION 40. Section 62.0145, Government Code, is amended to |
---|
544 | 544 | | read as follows: |
---|
545 | 545 | | Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF |
---|
546 | 546 | | PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a |
---|
547 | 547 | | written summons for jury service sent by a sheriff, constable, or |
---|
548 | 548 | | bailiff is undeliverable, the county or district clerk may remove |
---|
549 | 549 | | from the jury wheel the jury wheel card for the person summoned or |
---|
550 | 550 | | the district clerk, or in a county with a population of at least 1.7 |
---|
551 | 551 | | million and in which more than 70 [75] percent of the population |
---|
552 | 552 | | resides in a single municipality, a bailiff appointed as provided |
---|
553 | 553 | | under Section 62.019, may remove the person's name from the record |
---|
554 | 554 | | of names for selection of persons for jury service under Section |
---|
555 | 555 | | 62.011. |
---|
556 | 556 | | SECTION 41. Section 62.021, Government Code, is amended to |
---|
557 | 557 | | read as follows: |
---|
558 | 558 | | Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a |
---|
559 | 559 | | county with a population of 2.5 [two] million or more, a prospective |
---|
560 | 560 | | juror removed from a jury panel for cause, by peremptory challenge |
---|
561 | 561 | | or for any other reason, must be dismissed from jury |
---|
562 | 562 | | service. After dismissal, the person may not be placed on another |
---|
563 | 563 | | jury panel until the person's [his] name is returned to the jury |
---|
564 | 564 | | wheel and drawn again for jury service. |
---|
565 | 565 | | SECTION 42. Sections 403.302(c-1) and (e-1), Government |
---|
566 | 566 | | Code, are amended to read as follows: |
---|
567 | 567 | | (c-1) This subsection applies only to a school district |
---|
568 | 568 | | whose central administrative office is located in a county with a |
---|
569 | 569 | | population of 10,000 [9,000] or less and a total area of more than |
---|
570 | 570 | | 6,000 square miles. If after conducting the study for a tax year |
---|
571 | 571 | | the comptroller determines that the local value for a school |
---|
572 | 572 | | district is not valid, the comptroller shall adjust the taxable |
---|
573 | 573 | | value determined under Subsections (a) and (b) as follows: |
---|
574 | 574 | | (1) for each category of property sampled and tested |
---|
575 | 575 | | by the comptroller in the school district, the comptroller shall |
---|
576 | 576 | | use the weighted mean appraisal ratio determined by the study, |
---|
577 | 577 | | unless the ratio is more than four percentage points lower than the |
---|
578 | 578 | | weighted mean appraisal ratio determined by the comptroller for |
---|
579 | 579 | | that category of property in the immediately preceding study, in |
---|
580 | 580 | | which case the comptroller shall use the weighted mean appraisal |
---|
581 | 581 | | ratio determined in the immediately preceding study minus four |
---|
582 | 582 | | percentage points; |
---|
583 | 583 | | (2) the comptroller shall use the category weighted |
---|
584 | 584 | | mean appraisal ratios as adjusted under Subdivision (1) to |
---|
585 | 585 | | establish a value estimate for each category of property sampled |
---|
586 | 586 | | and tested by the comptroller in the school district; and |
---|
587 | 587 | | (3) the value estimates established under Subdivision |
---|
588 | 588 | | (2), together with the local tax roll value for any categories not |
---|
589 | 589 | | sampled and tested by the comptroller, less total deductions |
---|
590 | 590 | | determined by the comptroller, determine the taxable value for the |
---|
591 | 591 | | school district. |
---|
592 | 592 | | (e-1) This subsection applies only to a reinvestment zone |
---|
593 | 593 | | created by a municipality that has a population of 83,000 [70,000] |
---|
594 | 594 | | or less and is located in a county in which all or part of a military |
---|
595 | 595 | | installation is located. Notwithstanding Subsection (e), if on or |
---|
596 | 596 | | after January 1, 2017, the municipality adopts an ordinance |
---|
597 | 597 | | designating a termination date for the zone that is later than the |
---|
598 | 598 | | termination date designated in the ordinance creating the zone, the |
---|
599 | 599 | | number of years for which the total dollar amount may be deducted |
---|
600 | 600 | | under Subsection (d)(4) is limited to the duration of the zone as |
---|
601 | 601 | | determined under Section 311.017, Tax Code. |
---|
602 | 602 | | SECTION 43. Section 476.0002, Government Code, is amended |
---|
603 | 603 | | to read as follows: |
---|
604 | 604 | | Sec. 476.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only |
---|
605 | 605 | | a municipality with a population of one million [850,000] or more is |
---|
606 | 606 | | eligible as an endorsing municipality under this chapter. |
---|
607 | 607 | | SECTION 44. Section 477.0002, Government Code, is amended |
---|
608 | 608 | | to read as follows: |
---|
609 | 609 | | Sec. 477.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only |
---|
610 | 610 | | a municipality with a population of one million [850,000] or more is |
---|
611 | 611 | | eligible as an endorsing municipality under this chapter. |
---|
612 | 612 | | SECTION 45. Section 533.00257(j), Government Code, is |
---|
613 | 613 | | amended to read as follows: |
---|
614 | 614 | | (j) The [Notwithstanding Subsection (i), the] commission |
---|
615 | 615 | | may not delay providing medical transportation program services |
---|
616 | 616 | | through a managed transportation delivery model in: |
---|
617 | 617 | | (1) a county with a population of one million |
---|
618 | 618 | | [750,000] or more: |
---|
619 | 619 | | (A) in which all or part of a municipality with a |
---|
620 | 620 | | population of one million or more is located; and |
---|
621 | 621 | | (B) that is located adjacent to a county with a |
---|
622 | 622 | | population of 2.5 [two] million or more; or |
---|
623 | 623 | | (2) a county with a population of at least 60,000 |
---|
624 | 624 | | [55,000] but not more than 70,000 [65,000] that is located adjacent |
---|
625 | 625 | | to a county with a population of at least 500,000 but not more than |
---|
626 | 626 | | 1.5 million. |
---|
627 | 627 | | SECTION 46. Section 791.037(b), Government Code, is amended |
---|
628 | 628 | | to read as follows: |
---|
629 | 629 | | (b) This section applies only to a county with a population |
---|
630 | 630 | | of more than 1.7 [1.5] million in which more than 70 [75] percent of |
---|
631 | 631 | | the population resides in a single municipality. |
---|
632 | 632 | | SECTION 47. Section 803.0021, Government Code, is amended |
---|
633 | 633 | | to read as follows: |
---|
634 | 634 | | Sec. 803.0021. APPLICATION OF CHAPTER. This chapter |
---|
635 | 635 | | applies only to: |
---|
636 | 636 | | (1) a retirement system for general municipal |
---|
637 | 637 | | employees in a municipality with a population of not less than |
---|
638 | 638 | | 950,000 [750,000] nor more than 1,050,000 [850,000]; |
---|
639 | 639 | | (2) the Employees Retirement System of Texas, the |
---|
640 | 640 | | Teacher Retirement System of Texas, the Judicial Retirement System |
---|
641 | 641 | | of Texas Plan One, the Judicial Retirement System of Texas Plan Two, |
---|
642 | 642 | | the Texas County and District Retirement System, and the Texas |
---|
643 | 643 | | Municipal Retirement System; and |
---|
644 | 644 | | (3) a retirement system that makes an election under |
---|
645 | 645 | | Section 803.101(f). |
---|
646 | 646 | | SECTION 48. Section 851.0011(a), Government Code, is |
---|
647 | 647 | | amended to read as follows: |
---|
648 | 648 | | (a) This section applies only with respect to a |
---|
649 | 649 | | municipality: |
---|
650 | 650 | | (1) with a population of less than 200,000; |
---|
651 | 651 | | (2) that is located in a county with a population of |
---|
652 | 652 | | not less than 2.5 [2] million and not more than 4 million; |
---|
653 | 653 | | (3) that has a regularly organized fire department for |
---|
654 | 654 | | which a retirement system and fund have been established under |
---|
655 | 655 | | Section 4, Texas Local Fire Fighters Retirement Act (Article 6243e, |
---|
656 | 656 | | Vernon's Texas Civil Statutes); and |
---|
657 | 657 | | (4) that before January 1, 2017, has one or more |
---|
658 | 658 | | departments participating in the retirement system. |
---|
659 | 659 | | SECTION 49. The heading to Section 1331.051, Government |
---|
660 | 660 | | Code, is amended to read as follows: |
---|
661 | 661 | | Sec. 1331.051. LIMITATION ON BONDED DEBT: MUNICIPALITY |
---|
662 | 662 | | WITH POPULATION OF 950,000 [750,000] OR MORE. |
---|
663 | 663 | | SECTION 50. Section 1331.051(a), Government Code, is |
---|
664 | 664 | | amended to read as follows: |
---|
665 | 665 | | (a) This section applies only to a municipality with a |
---|
666 | 666 | | population of 950,000 [750,000] or more. |
---|
667 | 667 | | SECTION 51. Section 1371.001(4), Government Code, is |
---|
668 | 668 | | amended to read as follows: |
---|
669 | 669 | | (4) "Issuer" means: |
---|
670 | 670 | | (A) a home-rule municipality that: |
---|
671 | 671 | | (i) adopted its charter under Section 5, |
---|
672 | 672 | | Article XI, Texas Constitution; |
---|
673 | 673 | | (ii) has a population of 50,000 or more; and |
---|
674 | 674 | | (iii) has outstanding long-term |
---|
675 | 675 | | indebtedness that is rated by a nationally recognized rating agency |
---|
676 | 676 | | for municipal securities in one of the four highest rating |
---|
677 | 677 | | categories for a long-term obligation; |
---|
678 | 678 | | (B) a conservation and reclamation district |
---|
679 | 679 | | created and organized as a river authority under Section 52, |
---|
680 | 680 | | Article III, or Section 59, Article XVI, Texas Constitution; |
---|
681 | 681 | | (C) a joint powers agency organized and operating |
---|
682 | 682 | | under Chapter 163, Utilities Code; |
---|
683 | 683 | | (D) a metropolitan rapid transit authority, |
---|
684 | 684 | | regional transportation authority, or coordinated county |
---|
685 | 685 | | transportation authority created, organized, or operating under |
---|
686 | 686 | | Chapter 451, 452, or 460, Transportation Code; |
---|
687 | 687 | | (E) a conservation and reclamation district |
---|
688 | 688 | | organized or operating as a navigation district under Section 52, |
---|
689 | 689 | | Article III, or Section 59, Article XVI, Texas Constitution; |
---|
690 | 690 | | (F) a district organized or operating under |
---|
691 | 691 | | Section 59, Article XVI, Texas Constitution, that has all or part of |
---|
692 | 692 | | two or more municipalities within its boundaries; |
---|
693 | 693 | | (G) a state agency, including a state institution |
---|
694 | 694 | | of higher education; |
---|
695 | 695 | | (H) a hospital authority created or operating |
---|
696 | 696 | | under Chapter 262 or 264, Health and Safety Code, in a county that: |
---|
697 | 697 | | (i) has a population of more than 3.3 |
---|
698 | 698 | | million; or |
---|
699 | 699 | | (ii) is included, in whole or in part, in a |
---|
700 | 700 | | standard metropolitan statistical area of this state that includes |
---|
701 | 701 | | a county with a population of more than 2.5 [2.2] million; |
---|
702 | 702 | | (I) a hospital district in a county that has a |
---|
703 | 703 | | population of more than 2.5 [two] million; |
---|
704 | 704 | | (J) a nonprofit corporation organized to |
---|
705 | 705 | | exercise the powers of a higher education loan authority under |
---|
706 | 706 | | Section 53B.47(e), Education Code; |
---|
707 | 707 | | (K) a county: |
---|
708 | 708 | | (i) that has a population of more than 3.3 |
---|
709 | 709 | | million [or more]; or |
---|
710 | 710 | | (ii) that, on the date of issuance of |
---|
711 | 711 | | obligations under this chapter, has authorized, outstanding, or any |
---|
712 | 712 | | combination of authorized and outstanding, indebtedness of at least |
---|
713 | 713 | | $100 million secured by and payable from the county's ad valorem |
---|
714 | 714 | | taxes and the authorized long-term indebtedness of which is rated |
---|
715 | 715 | | by a nationally recognized rating agency of securities issued by |
---|
716 | 716 | | local governments in one of the four highest rating categories for a |
---|
717 | 717 | | long-term obligation; |
---|
718 | 718 | | (L) an independent school district that has an |
---|
719 | 719 | | average daily attendance of 50,000 or more as determined under |
---|
720 | 720 | | Section 48.005, Education Code; |
---|
721 | 721 | | (M) a municipality or county operating under |
---|
722 | 722 | | Chapter 334, Local Government Code; |
---|
723 | 723 | | (N) a district created under Chapter 335, Local |
---|
724 | 724 | | Government Code; |
---|
725 | 725 | | (O) a junior college district that has a total |
---|
726 | 726 | | headcount enrollment of 40,000 or more based on enrollment in the |
---|
727 | 727 | | most recent regular semester; or |
---|
728 | 728 | | (P) an issuer, as defined by Section 1201.002, |
---|
729 | 729 | | that has: |
---|
730 | 730 | | (i) a principal amount of at least $100 |
---|
731 | 731 | | million in outstanding long-term indebtedness, in long-term |
---|
732 | 732 | | indebtedness proposed to be issued, or in a combination of |
---|
733 | 733 | | outstanding or proposed long-term indebtedness; and |
---|
734 | 734 | | (ii) some amount of long-term indebtedness |
---|
735 | 735 | | outstanding or proposed to be issued that is rated in one of the |
---|
736 | 736 | | four highest rating categories for long-term debt instruments by a |
---|
737 | 737 | | nationally recognized rating agency for municipal securities, |
---|
738 | 738 | | without regard to the effect of any credit agreement or other form |
---|
739 | 739 | | of credit enhancement entered into in connection with the |
---|
740 | 740 | | obligation. |
---|
741 | 741 | | SECTION 52. Section 1372.002(g), Government Code, is |
---|
742 | 742 | | amended to read as follows: |
---|
743 | 743 | | (g) Subsection (f) applies only to an applicant created by a |
---|
744 | 744 | | municipal housing authority established by a municipality that is: |
---|
745 | 745 | | (1) adjacent to an international boundary of this |
---|
746 | 746 | | state; and |
---|
747 | 747 | | (2) [that is] located in a county that contains a |
---|
748 | 748 | | municipality with a population of more than 500,000 [800,000]. |
---|
749 | 749 | | SECTION 53. Section 1431.001(2), Government Code, is |
---|
750 | 750 | | amended to read as follows: |
---|
751 | 751 | | (2) "Eligible countywide district" means a flood |
---|
752 | 752 | | control district or a hospital district the boundaries of which are |
---|
753 | 753 | | substantially coterminous with the boundaries of a county with a |
---|
754 | 754 | | population of three million or more or a hospital district created |
---|
755 | 755 | | in a county with a population of more than 1.2 million [800,000] |
---|
756 | 756 | | that was not included in the boundaries of a hospital district |
---|
757 | 757 | | before September 1, 2003. |
---|
758 | 758 | | SECTION 54. The heading to Chapter 1476, Government Code, |
---|
759 | 759 | | is amended to read as follows: |
---|
760 | 760 | | CHAPTER 1476. CERTIFICATES OF INDEBTEDNESS IN COUNTIES WITH |
---|
761 | 761 | | POPULATION OF MORE THAN 2.5 [TWO] MILLION |
---|
762 | 762 | | SECTION 55. Section 1476.001(a), Government Code, is |
---|
763 | 763 | | amended to read as follows: |
---|
764 | 764 | | (a) This chapter applies only to a county with a population |
---|
765 | 765 | | of more than 2.5 [two] million. |
---|
766 | 766 | | SECTION 56. Section 1477.301, Government Code, is amended |
---|
767 | 767 | | to read as follows: |
---|
768 | 768 | | Sec. 1477.301. APPLICABILITY OF SUBCHAPTER. This |
---|
769 | 769 | | subchapter applies only to a county: |
---|
770 | 770 | | (1) with a population of more than 3.3 million; or |
---|
771 | 771 | | (2) with a population of more than 90,000 that borders |
---|
772 | 772 | | the United Mexican States other than a county that contains three or |
---|
773 | 773 | | more municipalities that each have a population of more than 23,000 |
---|
774 | 774 | | [17,500]. |
---|
775 | 775 | | SECTION 57. Section 1502.070(a), Government Code, is |
---|
776 | 776 | | amended to read as follows: |
---|
777 | 777 | | (a) Management and control of a utility system may be vested |
---|
778 | 778 | | in: |
---|
779 | 779 | | (1) the municipality's governing body; or |
---|
780 | 780 | | (2) a board of trustees named in the proceedings |
---|
781 | 781 | | adopted by the municipality and consisting of not more than: |
---|
782 | 782 | | (A) five members, one of whom must be the mayor of |
---|
783 | 783 | | the municipality; |
---|
784 | 784 | | (B) seven members, one of whom must be the mayor |
---|
785 | 785 | | of the municipality, if the municipality is located in a county |
---|
786 | 786 | | that: |
---|
787 | 787 | | (i) contains a municipality with a |
---|
788 | 788 | | population of at least 500,000 [800,000]; and |
---|
789 | 789 | | (ii) [that] is located on an international |
---|
790 | 790 | | border; or |
---|
791 | 791 | | (C) seven members, one of whom must be the mayor |
---|
792 | 792 | | of the municipality, if the municipality is located in a county: |
---|
793 | 793 | | (i) with a population of at least 375,000; |
---|
794 | 794 | | (ii) that is located on an international |
---|
795 | 795 | | border; and |
---|
796 | 796 | | (iii) that borders the Gulf of Mexico. |
---|
797 | 797 | | SECTION 58. The heading to Subchapter E, Chapter 1503, |
---|
798 | 798 | | Government Code, is amended to read as follows: |
---|
799 | 799 | | SUBCHAPTER E. ADDITIONAL POWERS OF MUNICIPALITIES WITH POPULATION |
---|
800 | 800 | | OF 1.9 [1.2] MILLION OR MORE |
---|
801 | 801 | | SECTION 59. The heading to Subchapter F, Chapter 1504, |
---|
802 | 802 | | Government Code, is amended to read as follows: |
---|
803 | 803 | | SUBCHAPTER F. REVENUE BONDS FOR CULTURAL FACILITIES IN HOME-RULE |
---|
804 | 804 | | MUNICIPALITIES WITH POPULATION OF 1.9 [1.2] MILLION OR MORE |
---|
805 | 805 | | SECTION 60. Section 1506.101, Government Code, is amended |
---|
806 | 806 | | to read as follows: |
---|
807 | 807 | | Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This |
---|
808 | 808 | | subchapter applies only to a municipality that: |
---|
809 | 809 | | (1) is located on the Gulf of Mexico or on a channel, |
---|
810 | 810 | | canal, bay, or inlet connected to the Gulf of Mexico; and |
---|
811 | 811 | | (2) has a population of: |
---|
812 | 812 | | (A) more than 53,000 [47,500] and less than |
---|
813 | 813 | | 84,000 [73,000]; or |
---|
814 | 814 | | (B) more than 115,000 [117,000] and less than |
---|
815 | 815 | | 160,000. |
---|
816 | 816 | | SECTION 61. The heading to Subchapter D, Chapter 1506, |
---|
817 | 817 | | Government Code, is amended to read as follows: |
---|
818 | 818 | | SUBCHAPTER D. REVENUE BONDS FOR PARKING AND TRANSPORTATION |
---|
819 | 819 | | FACILITIES IN MUNICIPALITIES WITH POPULATION OF MORE THAN 1.1 |
---|
820 | 820 | | MILLION [650,000] |
---|
821 | 821 | | SECTION 62. Section 1509.002(b), Government Code, is |
---|
822 | 822 | | amended to read as follows: |
---|
823 | 823 | | (b) This section applies only to a municipality that: |
---|
824 | 824 | | (1) has a population of more than 17,000 but less than |
---|
825 | 825 | | 18,000; and |
---|
826 | 826 | | (2) is located in two counties [with populations of |
---|
827 | 827 | | 550,000 or more but less than 4.2 million]. |
---|
828 | 828 | | SECTION 63. The heading to Subchapter C, Chapter 1509, |
---|
829 | 829 | | Government Code, is amended to read as follows: |
---|
830 | 830 | | SUBCHAPTER C. BONDS FOR FARMERS' MARKETS IN MUNICIPALITIES WITH |
---|
831 | 831 | | POPULATION OF MORE THAN 1.1 MILLION [650,000] |
---|
832 | 832 | | SECTION 64. Section 2051.0441(a), Government Code, is |
---|
833 | 833 | | amended to read as follows: |
---|
834 | 834 | | (a) This section applies only to a notice published by a |
---|
835 | 835 | | governmental entity or representative in a county: |
---|
836 | 836 | | (1) with a population of at least 30,000 and not more |
---|
837 | 837 | | than 42,000 [39,000] that borders the Red River; or |
---|
838 | 838 | | (2) that does not have a newspaper described by |
---|
839 | 839 | | Section 2051.044 published in the county. |
---|
840 | 840 | | SECTION 65. Section 2306.6710(b), Government Code, is |
---|
841 | 841 | | amended to read as follows: |
---|
842 | 842 | | (b) If an application satisfies the threshold criteria, the |
---|
843 | 843 | | department shall score and rank the application using a point |
---|
844 | 844 | | system that: |
---|
845 | 845 | | (1) prioritizes in descending order criteria |
---|
846 | 846 | | regarding: |
---|
847 | 847 | | (A) financial feasibility of the development |
---|
848 | 848 | | based on the supporting financial data required in the application |
---|
849 | 849 | | that will include a project underwriting pro forma from the |
---|
850 | 850 | | permanent or construction lender; |
---|
851 | 851 | | (B) quantifiable community participation with |
---|
852 | 852 | | respect to the development, evaluated on the basis of a resolution |
---|
853 | 853 | | concerning the development that is voted on and adopted by the |
---|
854 | 854 | | following, as applicable: |
---|
855 | 855 | | (i) the governing body of a municipality in |
---|
856 | 856 | | which the proposed development site is to be located; |
---|
857 | 857 | | (ii) subject to Subparagraph (iii), the |
---|
858 | 858 | | commissioners court of a county in which the proposed development |
---|
859 | 859 | | site is to be located, if the proposed site is to be located in an |
---|
860 | 860 | | area of a county that is not part of a municipality; or |
---|
861 | 861 | | (iii) the commissioners court of a county |
---|
862 | 862 | | in which the proposed development site is to be located and the |
---|
863 | 863 | | governing body of the applicable municipality, if the proposed site |
---|
864 | 864 | | is to be located in the extraterritorial jurisdiction of a |
---|
865 | 865 | | municipality; |
---|
866 | 866 | | (C) the income levels of tenants of the |
---|
867 | 867 | | development; |
---|
868 | 868 | | (D) the size and quality of the units; |
---|
869 | 869 | | (E) the rent levels of the units; |
---|
870 | 870 | | (F) the cost of the development by square foot; |
---|
871 | 871 | | (G) the services to be provided to tenants of the |
---|
872 | 872 | | development; |
---|
873 | 873 | | (H) whether, at the time the complete application |
---|
874 | 874 | | is submitted or at any time within the two-year period preceding the |
---|
875 | 875 | | date of submission, the proposed development site is located in an |
---|
876 | 876 | | area declared to be a disaster under Section 418.014; |
---|
877 | 877 | | (I) quantifiable community participation with |
---|
878 | 878 | | respect to the development, evaluated on the basis of written |
---|
879 | 879 | | statements from any neighborhood organizations on record with the |
---|
880 | 880 | | state or county in which the development is to be located and whose |
---|
881 | 881 | | boundaries contain the proposed development site; and |
---|
882 | 882 | | (J) the level of community support for the |
---|
883 | 883 | | application, evaluated on the basis of a written statement from the |
---|
884 | 884 | | state representative who represents the district containing the |
---|
885 | 885 | | proposed development site; |
---|
886 | 886 | | (2) uses criteria imposing penalties on applicants or |
---|
887 | 887 | | affiliates who have requested extensions of department deadlines |
---|
888 | 888 | | relating to developments supported by housing tax credit |
---|
889 | 889 | | allocations made in the application round preceding the current |
---|
890 | 890 | | round or a developer or principal of the applicant that has been |
---|
891 | 891 | | removed by the lender, equity provider, or limited partners for its |
---|
892 | 892 | | failure to perform its obligations under the loan documents or |
---|
893 | 893 | | limited partnership agreement; |
---|
894 | 894 | | (3) encourages applicants to provide free notary |
---|
895 | 895 | | public service to the residents of the developments for which the |
---|
896 | 896 | | allocation of housing tax credits is requested; and |
---|
897 | 897 | | (4) for an application concerning a development that |
---|
898 | 898 | | is or will be located in a county with a population of 1.2 [1] |
---|
899 | 899 | | million or more but less than 4 million and that is or will be |
---|
900 | 900 | | located not more than two miles from a veterans hospital, veterans |
---|
901 | 901 | | affairs medical center, or veterans affairs health care center, |
---|
902 | 902 | | encourages applicants to provide a preference for leasing units in |
---|
903 | 903 | | the development to low income veterans. |
---|
904 | 904 | | SECTION 66. Section 34.020(b), Health and Safety Code, is |
---|
905 | 905 | | amended to read as follows: |
---|
906 | 906 | | (b) The commission, in consultation with the task force, |
---|
907 | 907 | | shall develop a program to deliver prenatal and postpartum care |
---|
908 | 908 | | through telehealth services or telemedicine medical services to |
---|
909 | 909 | | pregnant women with a low risk of experiencing pregnancy-related |
---|
910 | 910 | | complications, as determined by a physician. The commission shall |
---|
911 | 911 | | implement the program in: |
---|
912 | 912 | | (1) at least two counties with populations of more |
---|
913 | 913 | | than 2.5 [two] million; |
---|
914 | 914 | | (2) at least one county with a population of more than |
---|
915 | 915 | | 100,000 and less than 500,000; and |
---|
916 | 916 | | (3) at least one rural county with high rates of |
---|
917 | 917 | | maternal mortality and morbidity as determined by the commission in |
---|
918 | 918 | | consultation with the task force. |
---|
919 | 919 | | SECTION 67. Section 61.056(c), Health and Safety Code, is |
---|
920 | 920 | | amended to read as follows: |
---|
921 | 921 | | (c) A hospital district created in a county with a |
---|
922 | 922 | | population of more than 1.2 million [800,000] that was not included |
---|
923 | 923 | | in the boundaries of a hospital district before September 1, 2003, |
---|
924 | 924 | | may affiliate with any public or private entity to provide regional |
---|
925 | 925 | | administration and delivery of health care services. The regional |
---|
926 | 926 | | affiliation, in accordance with the affiliation agreement, shall |
---|
927 | 927 | | use money contributed by an affiliated governmental entity to |
---|
928 | 928 | | provide health care services to an eligible resident of that |
---|
929 | 929 | | governmental entity. |
---|
930 | 930 | | SECTION 68. Section 61.056(d), Health and Safety Code, as |
---|
931 | 931 | | added by Chapter 217 (S.B. 1063), Acts of the 81st Legislature, |
---|
932 | 932 | | Regular Session, 2009, is amended to read as follows: |
---|
933 | 933 | | (d) A hospital district created in a county with a |
---|
934 | 934 | | population of more than 1.2 million [800,000] that was not included |
---|
935 | 935 | | in the boundaries of a hospital district before September 1, 2003, |
---|
936 | 936 | | may provide or arrange to provide health care services for eligible |
---|
937 | 937 | | residents through the purchase of health coverage or other health |
---|
938 | 938 | | benefits, including benefits described by Chapter 75. For |
---|
939 | 939 | | purposes of this subsection, the board of managers of the district |
---|
940 | 940 | | has the powers and duties provided to the commissioners court of a |
---|
941 | 941 | | county under Chapter 75. |
---|
942 | 942 | | SECTION 69. Section 141.0025(a), Health and Safety Code, is |
---|
943 | 943 | | amended to read as follows: |
---|
944 | 944 | | (a) The department may grant a waiver from the requirements |
---|
945 | 945 | | of this chapter to a program that: |
---|
946 | 946 | | (1) is sponsored by a religious organization as |
---|
947 | 947 | | defined by Section 464.051; |
---|
948 | 948 | | (2) has been in operation for at least 30 consecutive |
---|
949 | 949 | | years; |
---|
950 | 950 | | (3) operates one camp for not more than seven days in |
---|
951 | 951 | | any year; |
---|
952 | 952 | | (4) has not more than 80 campers; |
---|
953 | 953 | | (5) is conducted by adult participants who are all |
---|
954 | 954 | | volunteers; |
---|
955 | 955 | | (6) operates in a county with a population of at least |
---|
956 | 956 | | 4,000 [4,400] but not more than 4,350 [4,750]; and |
---|
957 | 957 | | (7) ensures that background checks are conducted on |
---|
958 | 958 | | and the training required under Section 141.0095 is completed by |
---|
959 | 959 | | each adult participating in the program. |
---|
960 | 960 | | SECTION 70. Section 262.034(e), Health and Safety Code, is |
---|
961 | 961 | | amended to read as follows: |
---|
962 | 962 | | (e) This section applies only to an authority that owns or |
---|
963 | 963 | | operates a hospital licensed under Chapter 241 and that is located |
---|
964 | 964 | | in: |
---|
965 | 965 | | (1) a county with a population of 225,000 or less; |
---|
966 | 966 | | (2) those portions of extended municipalities that the |
---|
967 | 967 | | federal census bureau has determined to be rural; |
---|
968 | 968 | | (3) an area that is not delineated as an urbanized area |
---|
969 | 969 | | by the federal census bureau; or |
---|
970 | 970 | | (4) a municipality with a population of less than |
---|
971 | 971 | | 12,000 and a county with a population of 3.3 [2.5] million or more |
---|
972 | 972 | | at the time the authority begins operating a facility or providing a |
---|
973 | 973 | | service described by Subsection (a). |
---|
974 | 974 | | SECTION 71. Section 263.025, Health and Safety Code, is |
---|
975 | 975 | | amended to read as follows: |
---|
976 | 976 | | Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR |
---|
977 | 977 | | IMPROVEMENTS IN CERTAIN COUNTIES [OF 24,500 TO 25,500]. The |
---|
978 | 978 | | commissioners court of a county with a population of 24,000 or more |
---|
979 | 979 | | but less than 24,500 or a population of 24,700 or more but less than |
---|
980 | 980 | | 27,000 [to 25,500] may use excess money in the county hospital |
---|
981 | 981 | | operating fund for making permanent improvements to the county |
---|
982 | 982 | | hospital and for the payment of county bonds issued for the |
---|
983 | 983 | | construction and improvement of a county hospital facility. |
---|
984 | 984 | | SECTION 72. Section 281.004(a-1), Health and Safety Code, |
---|
985 | 985 | | is amended to read as follows: |
---|
986 | 986 | | (a-1) The ballot for an election under this chapter held in |
---|
987 | 987 | | a county with a population of more than 1.2 million [800,000] that |
---|
988 | 988 | | is not included in the boundaries of a hospital district before |
---|
989 | 989 | | September 1, 2003, shall be printed to provide for voting for or |
---|
990 | 990 | | against the proposition: "The creation of a hospital district and |
---|
991 | 991 | | the levy of a tax not to exceed 25 cents on each $100 of the taxable |
---|
992 | 992 | | value of property taxable by the district." |
---|
993 | 993 | | SECTION 73. Sections 281.021(b) and (d), Health and Safety |
---|
994 | 994 | | Code, are amended to read as follows: |
---|
995 | 995 | | (b) The commissioners court of a county with a population of |
---|
996 | 996 | | more than 2.1 [1.8] million but less than 2.5 [1.9] million in which |
---|
997 | 997 | | a district is created under this chapter shall appoint a board |
---|
998 | 998 | | composed of not less than five or more than 15 members. |
---|
999 | 999 | | (d) If a district is created under this chapter in a county |
---|
1000 | 1000 | | with a population of more than 1.2 million [800,000] that was not |
---|
1001 | 1001 | | included in the boundaries of a hospital district before September |
---|
1002 | 1002 | | 1, 2003, the district shall be governed by a nine-member board of |
---|
1003 | 1003 | | hospital managers, appointed as follows: |
---|
1004 | 1004 | | (1) the commissioners court of the county shall |
---|
1005 | 1005 | | appoint four members; |
---|
1006 | 1006 | | (2) the governing body of the municipality with the |
---|
1007 | 1007 | | largest population in the county shall appoint four members; and |
---|
1008 | 1008 | | (3) the commissioners court and the governing body of |
---|
1009 | 1009 | | the municipality described by Subdivision (2) shall jointly appoint |
---|
1010 | 1010 | | one member. |
---|
1011 | 1011 | | SECTION 74. Section 281.0281(a), Health and Safety Code, is |
---|
1012 | 1012 | | amended to read as follows: |
---|
1013 | 1013 | | (a) This section applies only to a district created in a |
---|
1014 | 1014 | | county with a population of more than 1.2 million [800,000] that was |
---|
1015 | 1015 | | not included in the boundaries of a hospital district before |
---|
1016 | 1016 | | September 1, 2003. |
---|
1017 | 1017 | | SECTION 75. Section 281.02815(a), Health and Safety Code, |
---|
1018 | 1018 | | is amended to read as follows: |
---|
1019 | 1019 | | (a) This section applies only to a district created in a |
---|
1020 | 1020 | | county with a population of more than 1.2 million [800,000] that was |
---|
1021 | 1021 | | not included in the boundaries of a hospital district before |
---|
1022 | 1022 | | September 1, 2003. |
---|
1023 | 1023 | | SECTION 76. Section 281.0475(a), Health and Safety Code, is |
---|
1024 | 1024 | | amended to read as follows: |
---|
1025 | 1025 | | (a) This section applies only to a district created in a |
---|
1026 | 1026 | | county with a population of more than 1.2 million [800,000] that was |
---|
1027 | 1027 | | not included in the boundaries of a hospital district before |
---|
1028 | 1028 | | September 1, 2003. |
---|
1029 | 1029 | | SECTION 77. Section 281.0511(a), Health and Safety Code, is |
---|
1030 | 1030 | | amended to read as follows: |
---|
1031 | 1031 | | (a) This section applies only to a district created in a |
---|
1032 | 1032 | | county with a population of more than 1.2 million [800,000] that was |
---|
1033 | 1033 | | not included in the boundaries of a hospital district before |
---|
1034 | 1034 | | September 1, 2003. |
---|
1035 | 1035 | | SECTION 78. Section 281.056(b-1), Health and Safety Code, |
---|
1036 | 1036 | | is amended to read as follows: |
---|
1037 | 1037 | | (b-1) The county attorney, district attorney, or criminal |
---|
1038 | 1038 | | district attorney, as appropriate, with the duty to represent the |
---|
1039 | 1039 | | county in civil matters shall, in all legal matters, represent a |
---|
1040 | 1040 | | district located in: |
---|
1041 | 1041 | | (1) a county [with a population of 800,000 or more] that |
---|
1042 | 1042 | | borders the United Mexican States and in which a municipality with a |
---|
1043 | 1043 | | population of 500,000 or more is located; |
---|
1044 | 1044 | | (2) a county with a population of 3.4 million or more; |
---|
1045 | 1045 | | or |
---|
1046 | 1046 | | (3) a county with a population of more than 1.2 million |
---|
1047 | 1047 | | [800,000] that was not included in the boundaries of a hospital |
---|
1048 | 1048 | | district before September 1, 2003. |
---|
1049 | 1049 | | SECTION 79. Section 281.122(a), Health and Safety Code, is |
---|
1050 | 1050 | | amended to read as follows: |
---|
1051 | 1051 | | (a) This section applies only to a district created in a |
---|
1052 | 1052 | | county with a population of more than 1.2 million [800,000] that was |
---|
1053 | 1053 | | not included in the boundaries of a hospital district before |
---|
1054 | 1054 | | September 1, 2003. |
---|
1055 | 1055 | | SECTION 80. Section 281.124(a), Health and Safety Code, is |
---|
1056 | 1056 | | amended to read as follows: |
---|
1057 | 1057 | | (a) This section applies only to a district created in a |
---|
1058 | 1058 | | county with a population of more than 1.2 million [800,000] that was |
---|
1059 | 1059 | | not included in the boundaries of a hospital district before |
---|
1060 | 1060 | | September 1, 2003. |
---|
1061 | 1061 | | SECTION 81. Section 285.002, Health and Safety Code, is |
---|
1062 | 1062 | | amended to read as follows: |
---|
1063 | 1063 | | Sec. 285.002. APPLICABILITY OF SUBCHAPTER. This |
---|
1064 | 1064 | | subchapter applies only to a county having: |
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1065 | 1065 | | (1) a population of: |
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1066 | 1066 | | (A) at least 1.2 million [800,000]; or |
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1067 | 1067 | | (B) at least 830,000 and not more than 870,000; |
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1068 | 1068 | | and |
---|
1069 | 1069 | | (2) a countywide hospital district that: |
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1070 | 1070 | | (A) has taxes imposed and collected by the |
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1071 | 1071 | | commissioners court of the county; and |
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1072 | 1072 | | (B) has teaching hospital facilities affiliated |
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1073 | 1073 | | with a state-owned or private medical school. |
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1074 | 1074 | | SECTION 82. The heading to Chapter 290, Health and Safety |
---|
1075 | 1075 | | Code, is amended to read as follows: |
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1076 | 1076 | | CHAPTER 290. COUNTY HEALTH CARE FUNDING DISTRICTS IN CERTAIN |
---|
1077 | 1077 | | COUNTIES WITH POPULATION OF 2.1 [1.8] MILLION OR LESS |
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1078 | 1078 | | SECTION 83. Section 290.002, Health and Safety Code, is |
---|
1079 | 1079 | | amended to read as follows: |
---|
1080 | 1080 | | Sec. 290.002. CREATION OF DISTRICT. A district is created |
---|
1081 | 1081 | | in each county that has a population of 2.1 [1.8] million or less |
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1082 | 1082 | | and in which a municipality with a population of 1.1 million or more |
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1083 | 1083 | | is predominantly located. |
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1084 | 1084 | | SECTION 84. Section 291.002, Health and Safety Code, is |
---|
1085 | 1085 | | amended to read as follows: |
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1086 | 1086 | | Sec. 291.002. APPLICABILITY. This chapter applies only to |
---|
1087 | 1087 | | a county that: |
---|
1088 | 1088 | | (1) is not served by a hospital district or a public |
---|
1089 | 1089 | | hospital; |
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1090 | 1090 | | (2) is located in the Texas-Louisiana border region, |
---|
1091 | 1091 | | as that region is defined by Section 2056.002, Government Code; and |
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1092 | 1092 | | (3) has a population of more than 51,000 [50,000] but |
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1093 | 1093 | | less than 65,000. |
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1094 | 1094 | | SECTION 85. Section 291A.002, Health and Safety Code, is |
---|
1095 | 1095 | | amended to read as follows: |
---|
1096 | 1096 | | Sec. 291A.002. APPLICABILITY. This chapter applies only |
---|
1097 | 1097 | | to: |
---|
1098 | 1098 | | (1) a county that: |
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1099 | 1099 | | (A) is not served by a hospital district or a |
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1100 | 1100 | | public hospital; |
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1101 | 1101 | | (B) has a population of more than 75,000; and |
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1102 | 1102 | | (C) borders or includes a portion of the Sam |
---|
1103 | 1103 | | Rayburn Reservoir; and |
---|
1104 | 1104 | | (2) a county that has a population of more than 200,000 |
---|
1105 | 1105 | | and less than 233,500 [220,000]. |
---|
1106 | 1106 | | SECTION 86. Section 292.002, Health and Safety Code, is |
---|
1107 | 1107 | | amended to read as follows: |
---|
1108 | 1108 | | Sec. 292.002. APPLICABILITY. This chapter applies only to |
---|
1109 | 1109 | | a county that is not served by a hospital district and: |
---|
1110 | 1110 | | (1) is located in the Texas-Louisiana border region, |
---|
1111 | 1111 | | as that region is defined by Section 2056.002, Government Code, and |
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1112 | 1112 | | has a population of more than 90,000 but less than 200,000; or |
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1113 | 1113 | | (2) has a population of less than 51,000 and is |
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1114 | 1114 | | adjacent to a county with a population of more than 200,000 but less |
---|
1115 | 1115 | | than 233,500 [220,000]. |
---|
1116 | 1116 | | SECTION 87. Section 292C.002, Health and Safety Code, is |
---|
1117 | 1117 | | amended to read as follows: |
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1118 | 1118 | | Sec. 292C.002. APPLICABILITY. This chapter applies only |
---|
1119 | 1119 | | to a county that: |
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1120 | 1120 | | (1) contains a hospital district that is not |
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1121 | 1121 | | countywide; |
---|
1122 | 1122 | | (2) has a population of more than 125,000 but less than |
---|
1123 | 1123 | | 135,000; and |
---|
1124 | 1124 | | (3) borders Oklahoma. |
---|
1125 | 1125 | | SECTION 88. Section 293C.002, Health and Safety Code, is |
---|
1126 | 1126 | | amended to read as follows: |
---|
1127 | 1127 | | Sec. 293C.002. APPLICABILITY. This chapter applies only |
---|
1128 | 1128 | | to a county that: |
---|
1129 | 1129 | | (1) is not served by a hospital district or a public |
---|
1130 | 1130 | | hospital; |
---|
1131 | 1131 | | (2) has a population of more than 140,000 [125,000] |
---|
1132 | 1132 | | and less than 155,000 [140,000]; and |
---|
1133 | 1133 | | (3) is not adjacent to a county with a population of |
---|
1134 | 1134 | | 1.2 [one] million or more. |
---|
1135 | 1135 | | SECTION 89. Section 294.002, Health and Safety Code, is |
---|
1136 | 1136 | | amended to read as follows: |
---|
1137 | 1137 | | Sec. 294.002. APPLICABILITY. This chapter applies only to |
---|
1138 | 1138 | | a county that: |
---|
1139 | 1139 | | (1) is not served by a hospital district or a public |
---|
1140 | 1140 | | hospital; |
---|
1141 | 1141 | | (2) contains a private institution of higher education |
---|
1142 | 1142 | | with a student enrollment of more than 12,000; and |
---|
1143 | 1143 | | (3) has a population of less than 265,000 [250,000]. |
---|
1144 | 1144 | | SECTION 90. Section 295.002, Health and Safety Code, is |
---|
1145 | 1145 | | amended to read as follows: |
---|
1146 | 1146 | | Sec. 295.002. APPLICABILITY. This chapter applies only to |
---|
1147 | 1147 | | a municipality that: |
---|
1148 | 1148 | | (1) is not served by a hospital district or a public |
---|
1149 | 1149 | | hospital; |
---|
1150 | 1150 | | (2) is located on the Gulf of Mexico or on a channel, |
---|
1151 | 1151 | | canal, bay, or inlet connected to the Gulf of Mexico; and |
---|
1152 | 1152 | | (3) has a population of more than 115,000 [117,000] |
---|
1153 | 1153 | | and less than 145,000. |
---|
1154 | 1154 | | SECTION 91. Section 296.002, Health and Safety Code, is |
---|
1155 | 1155 | | amended to read as follows: |
---|
1156 | 1156 | | Sec. 296.002. APPLICABILITY. This chapter applies only to |
---|
1157 | 1157 | | a county that: |
---|
1158 | 1158 | | (1) is not served by a hospital district or a public |
---|
1159 | 1159 | | hospital; and |
---|
1160 | 1160 | | (2) has a population of less than 235,000 [200,000] |
---|
1161 | 1161 | | and contains two municipalities both with populations of 83,000 |
---|
1162 | 1162 | | [75,000] or more. |
---|
1163 | 1163 | | SECTION 92. Section 296A.002, Health and Safety Code, is |
---|
1164 | 1164 | | amended to read as follows: |
---|
1165 | 1165 | | Sec. 296A.002. APPLICABILITY. This chapter applies only |
---|
1166 | 1166 | | to a county that: |
---|
1167 | 1167 | | (1) is not served by a hospital district or a public |
---|
1168 | 1168 | | hospital; and |
---|
1169 | 1169 | | (2) has a population of less than 600,000 and borders |
---|
1170 | 1170 | | two counties both with populations of 1.1 [one] million or more. |
---|
1171 | 1171 | | SECTION 93. Section 298E.002, Health and Safety Code, is |
---|
1172 | 1172 | | amended to read as follows: |
---|
1173 | 1173 | | Sec. 298E.002. APPLICABILITY. This chapter applies only |
---|
1174 | 1174 | | to a hospital district created in a county with a population of more |
---|
1175 | 1175 | | than 1.2 million [800,000] that was not included in the boundaries |
---|
1176 | 1176 | | of a hospital district before September 1, 2003. |
---|
1177 | 1177 | | SECTION 94. Section 341.0358(g), Health and Safety Code, is |
---|
1178 | 1178 | | amended to read as follows: |
---|
1179 | 1179 | | (g) This section also applies to: |
---|
1180 | 1180 | | (1) a municipality with a population of more than |
---|
1181 | 1181 | | 42,500 [36,000] and less than 48,000 [41,000] located in two |
---|
1182 | 1182 | | counties, one of which is a county with a population of more than |
---|
1183 | 1183 | | 2.1 [1.8] million; |
---|
1184 | 1184 | | (2) a municipality, including any industrial district |
---|
1185 | 1185 | | within the municipality or its extraterritorial jurisdiction, with |
---|
1186 | 1186 | | a population of more than 15,000 [7,000] and less than 45,700 |
---|
1187 | 1187 | | [30,000] located in a county with a population of more than 235,000 |
---|
1188 | 1188 | | [155,000] and less than 255,000 [180,000]; and |
---|
1189 | 1189 | | (3) a municipality, including any industrial district |
---|
1190 | 1190 | | within the municipality or its extraterritorial jurisdiction, with |
---|
1191 | 1191 | | a population of more than 32,000 [11,000] and less than 35,000 |
---|
1192 | 1192 | | [18,000] located in two counties [a county with a population of more |
---|
1193 | 1193 | | than 125,000 and less than 230,000]. |
---|
1194 | 1194 | | SECTION 95. Section 341.03585(b), Health and Safety Code, |
---|
1195 | 1195 | | is amended to read as follows: |
---|
1196 | 1196 | | (b) This section applies only to: |
---|
1197 | 1197 | | (1) a municipality, including any industrial district |
---|
1198 | 1198 | | within the municipality or its extraterritorial jurisdiction, with |
---|
1199 | 1199 | | a population of more than 15,000 [7,000] and less than 45,700 |
---|
1200 | 1200 | | [30,000] located in a county with a population of more than 235,000 |
---|
1201 | 1201 | | [155,000] and less than 255,000 [180,000]; and |
---|
1202 | 1202 | | (2) a municipality, including any industrial district |
---|
1203 | 1203 | | within the municipality or its extraterritorial jurisdiction, with |
---|
1204 | 1204 | | a population of more than 32,000 [11,000] and less than 35,000 |
---|
1205 | 1205 | | [18,000] located in two counties [a county with a population of more |
---|
1206 | 1206 | | than 125,000 and less than 230,000]. |
---|
1207 | 1207 | | SECTION 96. Section 343.011(c), Health and Safety Code, is |
---|
1208 | 1208 | | amended to read as follows: |
---|
1209 | 1209 | | (c) A public nuisance is: |
---|
1210 | 1210 | | (1) keeping, storing, or accumulating refuse on |
---|
1211 | 1211 | | premises in a neighborhood unless the refuse is entirely contained |
---|
1212 | 1212 | | in a closed receptacle; |
---|
1213 | 1213 | | (2) keeping, storing, or accumulating rubbish, |
---|
1214 | 1214 | | including newspapers, abandoned vehicles, refrigerators, stoves, |
---|
1215 | 1215 | | furniture, tires, and cans, on premises in a neighborhood or within |
---|
1216 | 1216 | | 300 feet of a public street for 10 days or more, unless the rubbish |
---|
1217 | 1217 | | or object is completely enclosed in a building or is not visible |
---|
1218 | 1218 | | from a public street; |
---|
1219 | 1219 | | (3) maintaining premises in a manner that creates an |
---|
1220 | 1220 | | unsanitary condition likely to attract or harbor mosquitoes, |
---|
1221 | 1221 | | rodents, vermin, or other disease-carrying pests; |
---|
1222 | 1222 | | (4) allowing weeds to grow on premises in a |
---|
1223 | 1223 | | neighborhood if the weeds are located within 300 feet of another |
---|
1224 | 1224 | | residence or commercial establishment; |
---|
1225 | 1225 | | (5) maintaining a building in a manner that is |
---|
1226 | 1226 | | structurally unsafe or constitutes a hazard to safety, health, or |
---|
1227 | 1227 | | public welfare because of inadequate maintenance, unsanitary |
---|
1228 | 1228 | | conditions, dilapidation, obsolescence, disaster, damage, or |
---|
1229 | 1229 | | abandonment or because it constitutes a fire hazard; |
---|
1230 | 1230 | | (6) maintaining on abandoned and unoccupied property |
---|
1231 | 1231 | | in a neighborhood a swimming pool that is not protected with: |
---|
1232 | 1232 | | (A) a fence that is at least four feet high and |
---|
1233 | 1233 | | that has a latched and locked gate; and |
---|
1234 | 1234 | | (B) a cover over the entire swimming pool that |
---|
1235 | 1235 | | cannot be removed by a child; |
---|
1236 | 1236 | | (7) maintaining on any property in a neighborhood in a |
---|
1237 | 1237 | | county with a population of more than 1.3 [1.1] million a swimming |
---|
1238 | 1238 | | pool that is not protected with: |
---|
1239 | 1239 | | (A) a fence that is at least four feet high and |
---|
1240 | 1240 | | that has a latched gate that cannot be opened by a child; or |
---|
1241 | 1241 | | (B) a cover over the entire swimming pool that |
---|
1242 | 1242 | | cannot be removed by a child; |
---|
1243 | 1243 | | (8) maintaining a flea market in a manner that |
---|
1244 | 1244 | | constitutes a fire hazard; |
---|
1245 | 1245 | | (9) discarding refuse or creating a hazardous visual |
---|
1246 | 1246 | | obstruction on: |
---|
1247 | 1247 | | (A) county-owned land; or |
---|
1248 | 1248 | | (B) land or easements owned or held by a special |
---|
1249 | 1249 | | district that has the commissioners court of the county as its |
---|
1250 | 1250 | | governing body; |
---|
1251 | 1251 | | (10) discarding refuse on the smaller of: |
---|
1252 | 1252 | | (A) the area that spans 20 feet on each side of a |
---|
1253 | 1253 | | utility line; or |
---|
1254 | 1254 | | (B) the actual span of the utility easement; |
---|
1255 | 1255 | | (11) filling or blocking a drainage easement, failing |
---|
1256 | 1256 | | to maintain a drainage easement, maintaining a drainage easement in |
---|
1257 | 1257 | | a manner that allows the easement to be clogged with debris, |
---|
1258 | 1258 | | sediment, or vegetation, or violating an agreement with the county |
---|
1259 | 1259 | | to improve or maintain a drainage easement; |
---|
1260 | 1260 | | (12) discarding refuse on property that is not |
---|
1261 | 1261 | | authorized for that activity; or |
---|
1262 | 1262 | | (13) surface discharge from an on-site sewage disposal |
---|
1263 | 1263 | | system as defined by Section 366.002. |
---|
1264 | 1264 | | SECTION 97. Section 364.011(a-2), Health and Safety Code, |
---|
1265 | 1265 | | is amended to read as follows: |
---|
1266 | 1266 | | (a-2) Notwithstanding Subsection (a), a commissioners court |
---|
1267 | 1267 | | may, through a competitive bidding process, contract for the |
---|
1268 | 1268 | | provision of solid waste collection, handling, storage, and |
---|
1269 | 1269 | | disposal in an area of the county located within the |
---|
1270 | 1270 | | extraterritorial jurisdiction of a municipality if: |
---|
1271 | 1271 | | (1) the municipality does not provide solid waste |
---|
1272 | 1272 | | disposal services in that area; and |
---|
1273 | 1273 | | (2) the county has a population of more than 1.5 |
---|
1274 | 1274 | | million and at least 70 [75] percent of the population resides in a |
---|
1275 | 1275 | | single municipality. |
---|
1276 | 1276 | | SECTION 98. Section 364.0341(a), Health and Safety Code, is |
---|
1277 | 1277 | | amended to read as follows: |
---|
1278 | 1278 | | (a) This section applies only to a municipality wholly or |
---|
1279 | 1279 | | partly located in a county with a population of more than 57,000 |
---|
1280 | 1280 | | [54,000] and less than 57,900 [54,500]. |
---|
1281 | 1281 | | SECTION 99. Section 382.218(a), Health and Safety Code, is |
---|
1282 | 1282 | | amended to read as follows: |
---|
1283 | 1283 | | (a) This section applies only to a county [with a population |
---|
1284 | 1284 | | of 800,000 or more] that borders the United Mexican States and in |
---|
1285 | 1285 | | which a municipality with a population of 500,000 or more is |
---|
1286 | 1286 | | located. |
---|
1287 | 1287 | | SECTION 100. Sections 711.008(b) and (d), Health and Safety |
---|
1288 | 1288 | | Code, are amended to read as follows: |
---|
1289 | 1289 | | (b) Subsection (a) does not apply to: |
---|
1290 | 1290 | | (1) a cemetery heretofore established and operating; |
---|
1291 | 1291 | | (2) the establishment and use of a columbarium by an |
---|
1292 | 1292 | | organized religious society or sect that is exempt from income |
---|
1293 | 1293 | | taxation under Section 501(a), Internal Revenue Code of 1986, by |
---|
1294 | 1294 | | being listed under Section 501(c)(3) of that code, as part of or |
---|
1295 | 1295 | | attached to the principal church building owned by the society or |
---|
1296 | 1296 | | sect; |
---|
1297 | 1297 | | (3) the establishment and use of a columbarium by an |
---|
1298 | 1298 | | organized religious society or sect that is exempt from income |
---|
1299 | 1299 | | taxation under Section 501(a), Internal Revenue Code of 1986, by |
---|
1300 | 1300 | | being listed under Section 501(c)(3) of that code, on land that: |
---|
1301 | 1301 | | (A) is owned by the society or sect; and |
---|
1302 | 1302 | | (B) is part of the campus on which an existing |
---|
1303 | 1303 | | principal church building is located; |
---|
1304 | 1304 | | (4) the establishment and use of a columbarium on the |
---|
1305 | 1305 | | campus of a private or independent institution of higher education, |
---|
1306 | 1306 | | as defined by Section 61.003, Education Code, that is wholly or |
---|
1307 | 1307 | | substantially controlled, managed, owned, or supported by or |
---|
1308 | 1308 | | otherwise affiliated with an organized religious society or sect |
---|
1309 | 1309 | | that is exempt from income taxation under Section 501(a), Internal |
---|
1310 | 1310 | | Revenue Code of 1986, by being listed under Section 501(c)(3) of |
---|
1311 | 1311 | | that code, if a place of worship is located on the campus; |
---|
1312 | 1312 | | (5) the establishment and use of a mausoleum that is: |
---|
1313 | 1313 | | (A) constructed beneath the principal church |
---|
1314 | 1314 | | building owned by an organized religious society or sect that: |
---|
1315 | 1315 | | (i) is exempt from income taxation under |
---|
1316 | 1316 | | Section 501(a), Internal Revenue Code of 1986, by being listed |
---|
1317 | 1317 | | under Section 501(c)(3) of that code; and |
---|
1318 | 1318 | | (ii) has recognized religious traditions |
---|
1319 | 1319 | | and practices of interring the remains of ordained clergy in or |
---|
1320 | 1320 | | below the principal church building; and |
---|
1321 | 1321 | | (B) used only for the interment of the remains of |
---|
1322 | 1322 | | ordained clergy of that organized religious society or sect; |
---|
1323 | 1323 | | (6) the establishment and operation, if authorized in |
---|
1324 | 1324 | | accordance with Subsection (h), of a perpetual care cemetery by an |
---|
1325 | 1325 | | organized religious society or sect that: |
---|
1326 | 1326 | | (A) is exempt from income taxation under Section |
---|
1327 | 1327 | | 501(a), Internal Revenue Code of 1986, by being listed under |
---|
1328 | 1328 | | Section 501(c)(3) of that code; |
---|
1329 | 1329 | | (B) has been in existence for at least five |
---|
1330 | 1330 | | years; |
---|
1331 | 1331 | | (C) has at least $500,000 in assets; and |
---|
1332 | 1332 | | (D) establishes and operates the cemetery on land |
---|
1333 | 1333 | | that: |
---|
1334 | 1334 | | (i) is owned by the society or sect; |
---|
1335 | 1335 | | (ii) together with any other land owned by |
---|
1336 | 1336 | | the society or sect and adjacent to the land on which the cemetery |
---|
1337 | 1337 | | is located, is not less than 10 acres; and |
---|
1338 | 1338 | | (iii) is in a municipality with a |
---|
1339 | 1339 | | population of at least one million that is located predominantly in |
---|
1340 | 1340 | | a county that has a total area of less than 1,000 square miles; |
---|
1341 | 1341 | | (7) the establishment and use of a private family |
---|
1342 | 1342 | | cemetery by an organization that is exempt from income taxation |
---|
1343 | 1343 | | under Section 501(a), Internal Revenue Code of 1986, by being |
---|
1344 | 1344 | | listed under Section 501(c)(3) of that code, on land that is: |
---|
1345 | 1345 | | (A) owned by the organization; and |
---|
1346 | 1346 | | (B) located in a county: |
---|
1347 | 1347 | | (i) with a population of more than 165,000 |
---|
1348 | 1348 | | [125,000]; and |
---|
1349 | 1349 | | (ii) that is adjacent to a county that has a |
---|
1350 | 1350 | | population of more than 1.5 million and in which more than 70 [75] |
---|
1351 | 1351 | | percent of the population lives in a single municipality; or |
---|
1352 | 1352 | | (8) the establishment and use of a private family |
---|
1353 | 1353 | | cemetery located at the site of a presidential library and museum. |
---|
1354 | 1354 | | (d) Subsection (a) does not apply to a cemetery established |
---|
1355 | 1355 | | and operating before September 1, 1995, in a county with a |
---|
1356 | 1356 | | population of more than 315,000 [285,000] and less than 351,000 |
---|
1357 | 1357 | | [300,000] that borders the Gulf of Mexico. |
---|
1358 | 1358 | | SECTION 101. Section 713.0271, Health and Safety Code, is |
---|
1359 | 1359 | | amended to read as follows: |
---|
1360 | 1360 | | Sec. 713.0271. CEMETERY OWNED BY CERTAIN COUNTIES. A |
---|
1361 | 1361 | | county with a population of more than 800,000 [550,000] that |
---|
1362 | 1362 | | borders a county with a population of more than 3.3 million may own, |
---|
1363 | 1363 | | operate, and maintain a cemetery. |
---|
1364 | 1364 | | SECTION 102. Section 766.052, Health and Safety Code, is |
---|
1365 | 1365 | | amended to read as follows: |
---|
1366 | 1366 | | Sec. 766.052. APPLICABILITY OF SUBCHAPTER. This |
---|
1367 | 1367 | | subchapter applies only to a residential high-rise building: |
---|
1368 | 1368 | | (1) that is located in a county with a population of |
---|
1369 | 1369 | | more than 1.5 million in which more than 70 [75] percent of the |
---|
1370 | 1370 | | population resides in a single municipality; |
---|
1371 | 1371 | | (2) in which at least 50 percent of the residents are |
---|
1372 | 1372 | | elderly individuals, individuals with a disability, or individuals |
---|
1373 | 1373 | | with a mobility impairment; and |
---|
1374 | 1374 | | (3) that is not designated as a historically or |
---|
1375 | 1375 | | archaeologically significant site by the Texas Historical |
---|
1376 | 1376 | | Commission or the governing body of the county or municipality in |
---|
1377 | 1377 | | which the building is located. |
---|
1378 | 1378 | | SECTION 103. Section 771.0751(a), Health and Safety Code, |
---|
1379 | 1379 | | as added by Chapter 258 (H.B. 1771), Acts of the 78th Legislature, |
---|
1380 | 1380 | | Regular Session, 2003, is amended to read as follows: |
---|
1381 | 1381 | | (a) This section applies only to the use of fees and |
---|
1382 | 1382 | | surcharges collected under this subchapter in a county subject to |
---|
1383 | 1383 | | this subchapter with a population of at least 1.2 [one] million. |
---|
1384 | 1384 | | SECTION 104. The heading to Subchapter B, Chapter 772, |
---|
1385 | 1385 | | Health and Safety Code, is amended to read as follows: |
---|
1386 | 1386 | | SUBCHAPTER B. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH |
---|
1387 | 1387 | | POPULATION OVER 3.3 [TWO] MILLION |
---|
1388 | 1388 | | SECTION 105. The heading to Subchapter E, Chapter 772, |
---|
1389 | 1389 | | Health and Safety Code, is amended to read as follows: |
---|
1390 | 1390 | | SUBCHAPTER E. EMERGENCY COMMUNICATION SERVICE: COUNTIES WITH |
---|
1391 | 1391 | | POPULATION OVER 2.5 [TWO] MILLION |
---|
1392 | 1392 | | SECTION 106. Section 772.402, Health and Safety Code, is |
---|
1393 | 1393 | | amended to read as follows: |
---|
1394 | 1394 | | Sec. 772.402. APPLICATION OF SUBCHAPTER. This subchapter |
---|
1395 | 1395 | | applies only to a county having a population of more than 2.5 [two] |
---|
1396 | 1396 | | million in which a communication district has not been created |
---|
1397 | 1397 | | under Subchapter B. |
---|
1398 | 1398 | | SECTION 107. Section 775.014(h), Health and Safety Code, is |
---|
1399 | 1399 | | amended to read as follows: |
---|
1400 | 1400 | | (h) The governing body of a municipality with a population |
---|
1401 | 1401 | | of more than one million may negotiate with the commissioners court |
---|
1402 | 1402 | | of a county with a population of less than 2.1 [1.8] million that is |
---|
1403 | 1403 | | the county in which the majority of the territory inside the |
---|
1404 | 1404 | | municipality's corporate boundaries is located conditions under |
---|
1405 | 1405 | | which the municipality will grant its consent to the inclusion of |
---|
1406 | 1406 | | its extraterritorial jurisdiction in the district. The negotiated |
---|
1407 | 1407 | | conditions may: |
---|
1408 | 1408 | | (1) limit the district's ability to incur debt; |
---|
1409 | 1409 | | (2) require the district to ensure that its equipment |
---|
1410 | 1410 | | is compatible with the municipality's equipment; and |
---|
1411 | 1411 | | (3) require the district to enter into mutual aid |
---|
1412 | 1412 | | agreements. |
---|
1413 | 1413 | | SECTION 108. Section 775.0315(a), Health and Safety Code, |
---|
1414 | 1414 | | is amended to read as follows: |
---|
1415 | 1415 | | (a) This section applies only to a district located wholly |
---|
1416 | 1416 | | in a county with a population of 2.1 [1.8] million or more in which |
---|
1417 | 1417 | | two or more cities with a population of 350,000 or more are located. |
---|
1418 | 1418 | | SECTION 109. Section 775.045(b), Health and Safety Code, is |
---|
1419 | 1419 | | amended to read as follows: |
---|
1420 | 1420 | | (b) Subsection (a) does not apply to a district: |
---|
1421 | 1421 | | (1) that before February 1, 2013, has adopted a fire |
---|
1422 | 1422 | | code, fire code amendments, or other requirements in conflict with |
---|
1423 | 1423 | | Subsection (a); and |
---|
1424 | 1424 | | (2) whose territory is located: |
---|
1425 | 1425 | | (A) in or adjacent to a general law municipality |
---|
1426 | 1426 | | with a population of less than 4,000 that is served by a water |
---|
1427 | 1427 | | control and improvement district governed by Chapter 51, Water |
---|
1428 | 1428 | | Code; and |
---|
1429 | 1429 | | (B) in a county that has a population of more than |
---|
1430 | 1430 | | 1.2 [one] million and is adjacent to a county with a population of |
---|
1431 | 1431 | | more than 600,000 [420,000]. |
---|
1432 | 1432 | | SECTION 110. Section 775.221(a), Health and Safety Code, is |
---|
1433 | 1433 | | amended to read as follows: |
---|
1434 | 1434 | | (a) This subchapter applies only to a district located |
---|
1435 | 1435 | | wholly in: |
---|
1436 | 1436 | | (1) a county with a population of 20,000 or less; or |
---|
1437 | 1437 | | (2) a county with a population of more than 30,000 but |
---|
1438 | 1438 | | less than 41,000 that is adjacent to a county with a population of |
---|
1439 | 1439 | | more than 200,000 but less than 233,500 [220,000]. |
---|
1440 | 1440 | | SECTION 111. Section 775.301, Health and Safety Code, is |
---|
1441 | 1441 | | amended to read as follows: |
---|
1442 | 1442 | | Sec. 775.301. DEFINITION. In this subchapter, |
---|
1443 | 1443 | | "commissioners court" means the commissioners court of a county |
---|
1444 | 1444 | | that: |
---|
1445 | 1445 | | (1) borders the United Mexican States; |
---|
1446 | 1446 | | (2) contains a municipality with[, has] a population |
---|
1447 | 1447 | | of more than 500,000; [800,000,] and |
---|
1448 | 1448 | | (3) appoints a board of emergency services |
---|
1449 | 1449 | | commissioners under this chapter. |
---|
1450 | 1450 | | SECTION 112. Section 775.302(a), Health and Safety Code, is |
---|
1451 | 1451 | | amended to read as follows: |
---|
1452 | 1452 | | (a) This subchapter applies only to a district that is |
---|
1453 | 1453 | | located wholly in a county: |
---|
1454 | 1454 | | (1) that borders the United Mexican States; |
---|
1455 | 1455 | | (2) [,] that contains a municipality with [has] a |
---|
1456 | 1456 | | population of more than 500,000; [800,000,] and |
---|
1457 | 1457 | | (3) for which the commissioners court appoints a board |
---|
1458 | 1458 | | of emergency services commissioners under Section 775.034. |
---|
1459 | 1459 | | SECTION 113. Section 822.0012(a), Health and Safety Code, |
---|
1460 | 1460 | | is amended to read as follows: |
---|
1461 | 1461 | | (a) This section applies only to an incorporated |
---|
1462 | 1462 | | municipality that has a population of more than 1,000 and that is |
---|
1463 | 1463 | | the county seat of a county with a population of 1,380 or more but |
---|
1464 | 1464 | | less than 1,600. |
---|
1465 | 1465 | | SECTION 114. Section 822.0411(a), Health and Safety Code, |
---|
1466 | 1466 | | is amended to read as follows: |
---|
1467 | 1467 | | (a) This section applies only to an incorporated |
---|
1468 | 1468 | | municipality that has a population of more than 1,000 and that is |
---|
1469 | 1469 | | the county seat of a county with a population of 1,380 or more but |
---|
1470 | 1470 | | less than 1,600. |
---|
1471 | 1471 | | SECTION 115. Section 42.041(g), Human Resources Code, is |
---|
1472 | 1472 | | amended to read as follows: |
---|
1473 | 1473 | | (g) A child-care facility that is exempt under Subsection |
---|
1474 | 1474 | | (b)(3) from the licensing requirement of Subsection (a) may provide |
---|
1475 | 1475 | | care for each child at the child-care facility for not more than 15 |
---|
1476 | 1476 | | hours a week if the child-care facility: |
---|
1477 | 1477 | | (1) provides the child care so that a person may attend |
---|
1478 | 1478 | | an educational class provided by a nonprofit entity; and |
---|
1479 | 1479 | | (2) is located in a county: |
---|
1480 | 1480 | | (A) in which a municipality with a population of |
---|
1481 | 1481 | | 500,000 [800,000] or more is located; and |
---|
1482 | 1482 | | (B) that is adjacent to an international border. |
---|
1483 | 1483 | | SECTION 116. Section 101A.202(a), Human Resources Code, is |
---|
1484 | 1484 | | amended to read as follows: |
---|
1485 | 1485 | | (a) This section applies only to counties having a |
---|
1486 | 1486 | | population of not less than 20,600 [22,140] and not more than 20,800 |
---|
1487 | 1487 | | [22,340] and to cities and towns within those counties. |
---|
1488 | 1488 | | SECTION 117. Section 1575.163, Insurance Code, is amended |
---|
1489 | 1489 | | to read as follows: |
---|
1490 | 1490 | | Sec. 1575.163. LIMITATIONS. The Teacher Retirement System |
---|
1491 | 1491 | | of Texas, as trustee, may not contract for or provide a health |
---|
1492 | 1492 | | benefit plan that excludes from participation in the network a |
---|
1493 | 1493 | | general hospital that: |
---|
1494 | 1494 | | (1) is located in the geographical service area or |
---|
1495 | 1495 | | areas of the health coverage plan that includes a county that: |
---|
1496 | 1496 | | (A) has a population of at least 100,000 and not |
---|
1497 | 1497 | | more than 233,500 [210,000]; and |
---|
1498 | 1498 | | (B) is located in the Texas-Louisiana border |
---|
1499 | 1499 | | region, as that term is defined in Section 2056.002(e), Government |
---|
1500 | 1500 | | Code; and |
---|
1501 | 1501 | | (2) agrees to provide medical and health care services |
---|
1502 | 1502 | | under the plan subject to the same terms and conditions as other |
---|
1503 | 1503 | | hospital providers under the plan. |
---|
1504 | 1504 | | SECTION 118. Section 1579.108, Insurance Code, is amended |
---|
1505 | 1505 | | to read as follows: |
---|
1506 | 1506 | | Sec. 1579.108. LIMITATIONS. The trustee may not contract |
---|
1507 | 1507 | | for or provide a health coverage plan that excludes from |
---|
1508 | 1508 | | participation in the network a general hospital that: |
---|
1509 | 1509 | | (1) is located in the geographical service area or |
---|
1510 | 1510 | | areas of the health coverage plan that includes a county that: |
---|
1511 | 1511 | | (A) has a population of at least 100,000 and not |
---|
1512 | 1512 | | more than 233,500 [210,000]; and |
---|
1513 | 1513 | | (B) is located in the Texas-Louisiana border |
---|
1514 | 1514 | | region, as that term is defined in Section 2056.002(e), Government |
---|
1515 | 1515 | | Code; and |
---|
1516 | 1516 | | (2) agrees to provide medical and health care services |
---|
1517 | 1517 | | under the plan subject to the same terms as other hospital providers |
---|
1518 | 1518 | | under the plan. |
---|
1519 | 1519 | | SECTION 119. Section 21.101, Local Government Code, is |
---|
1520 | 1520 | | amended to read as follows: |
---|
1521 | 1521 | | Sec. 21.101. REMOVAL BY RECALL ELECTION AUTHORIZED. A |
---|
1522 | 1522 | | member of the governing body of a general-law municipality with a |
---|
1523 | 1523 | | population of less than 3,000 [5,000] located in a county that |
---|
1524 | 1524 | | borders the United Mexican States and contains a municipality with |
---|
1525 | 1525 | | [has] a population of more than 500,000 [800,000] may be removed |
---|
1526 | 1526 | | from office through a recall election initiated by petition as |
---|
1527 | 1527 | | provided by this subchapter. |
---|
1528 | 1528 | | SECTION 120. Section 22.041(c), Local Government Code, is |
---|
1529 | 1529 | | amended to read as follows: |
---|
1530 | 1530 | | (c) In addition to an absence described by Subsection (b), a |
---|
1531 | 1531 | | member of a governing body is also considered absent for the |
---|
1532 | 1532 | | purposes of that subsection if the member is not present at the |
---|
1533 | 1533 | | adjournment of a meeting at which a quorum is established, unless |
---|
1534 | 1534 | | the member is first allowed to withdraw by the unanimous vote of the |
---|
1535 | 1535 | | members present. This subsection applies only to a municipality |
---|
1536 | 1536 | | that is located in a county that borders the United Mexican States |
---|
1537 | 1537 | | and contains a municipality with a population of 500,000 [800,000] |
---|
1538 | 1538 | | or more [that is adjacent to an international border]. |
---|
1539 | 1539 | | SECTION 121. Section 42.021(d), Local Government Code, is |
---|
1540 | 1540 | | amended to read as follows: |
---|
1541 | 1541 | | (d) Regardless of Subsection (a), the extraterritorial |
---|
1542 | 1542 | | jurisdiction of a municipality is the unincorporated area that is |
---|
1543 | 1543 | | contiguous to the corporate boundaries of the municipality and that |
---|
1544 | 1544 | | is located within three miles of those boundaries if the |
---|
1545 | 1545 | | municipality: |
---|
1546 | 1546 | | (1) has a population of not less than 25,000 [20,000] |
---|
1547 | 1547 | | or more than 27,000 [29,000]; and |
---|
1548 | 1548 | | (2) is located in a county that has a population of |
---|
1549 | 1549 | | 45,000 or more and borders the Trinity River. |
---|
1550 | 1550 | | SECTION 122. Section 42.0251(a), Local Government Code, is |
---|
1551 | 1551 | | amended to read as follows: |
---|
1552 | 1552 | | (a) This section applies only to a general-law |
---|
1553 | 1553 | | municipality: |
---|
1554 | 1554 | | (1) that has a population of less than 4,000 [3,000]; |
---|
1555 | 1555 | | (2) that is located in a county with a population of |
---|
1556 | 1556 | | more than 800,000 [500,000] that is adjacent to a county with a |
---|
1557 | 1557 | | population of more than four million; and |
---|
1558 | 1558 | | (3) in which at least two-thirds of the residents |
---|
1559 | 1559 | | reside within a gated community. |
---|
1560 | 1560 | | SECTION 123. Section 43.0751(n), Local Government Code, is |
---|
1561 | 1561 | | amended to read as follows: |
---|
1562 | 1562 | | (n) This subsection applies only to a municipality any |
---|
1563 | 1563 | | portion of which is located in a county that has a population of not |
---|
1564 | 1564 | | less than 315,000 [285,000] and not more than 351,000 [300,000] and |
---|
1565 | 1565 | | that borders the Gulf of Mexico and is adjacent to a county with a |
---|
1566 | 1566 | | population of more than 3.3 million. A municipality may impose |
---|
1567 | 1567 | | within the boundaries of a district a municipal sales and use tax |
---|
1568 | 1568 | | authorized by Chapter 321, Tax Code, or a municipal hotel occupancy |
---|
1569 | 1569 | | tax authorized by Chapter 351, Tax Code, that is imposed in the |
---|
1570 | 1570 | | municipality if: |
---|
1571 | 1571 | | (1) the municipality has annexed the district for |
---|
1572 | 1572 | | limited purposes under this section; or |
---|
1573 | 1573 | | (2) following two public hearings on the matter, the |
---|
1574 | 1574 | | municipality and the district enter a written agreement providing |
---|
1575 | 1575 | | for the imposition of the tax or taxes. |
---|
1576 | 1576 | | SECTION 124. Section 43.1025(a), Local Government Code, is |
---|
1577 | 1577 | | amended to read as follows: |
---|
1578 | 1578 | | (a) This section applies only to a home-rule municipality |
---|
1579 | 1579 | | that has a population of less than 13,000 [11,000] and is located |
---|
1580 | 1580 | | primarily in a county with a population of more than 3.3 million. |
---|
1581 | 1581 | | SECTION 125. Section 81.029(a), Local Government Code, is |
---|
1582 | 1582 | | amended to read as follows: |
---|
1583 | 1583 | | (a) This section applies only to a county judge in a county |
---|
1584 | 1584 | | that is located on the international border and contains a |
---|
1585 | 1585 | | municipality with [has] a population of 500,000 or more [than |
---|
1586 | 1586 | | 800,000 and is located on the international border]. |
---|
1587 | 1587 | | SECTION 126. Section 81.033(a), Local Government Code, is |
---|
1588 | 1588 | | amended to read as follows: |
---|
1589 | 1589 | | (a) This section applies only to a commissioners court of a |
---|
1590 | 1590 | | county that has a population of more than 4,500 [5,000], is located |
---|
1591 | 1591 | | within 100 miles of an international boundary, and contains no |
---|
1592 | 1592 | | incorporated territory of a municipality. |
---|
1593 | 1593 | | SECTION 127. Section 89.001(a), Local Government Code, is |
---|
1594 | 1594 | | amended to read as follows: |
---|
1595 | 1595 | | (a) The commissioners court of a county with a population of |
---|
1596 | 1596 | | more than two [1.25] million may employ an attorney as special |
---|
1597 | 1597 | | counsel. |
---|
1598 | 1598 | | SECTION 128. Section 106.001, Local Government Code, is |
---|
1599 | 1599 | | amended to read as follows: |
---|
1600 | 1600 | | Sec. 106.001. CREATION OF CHILD SAFETY TRUST FUND IN |
---|
1601 | 1601 | | CERTAIN MUNICIPALITIES. A child safety trust fund shall be created |
---|
1602 | 1602 | | in the treasury of a municipality with a population of more than 1.3 |
---|
1603 | 1603 | | million [850,000]. |
---|
1604 | 1604 | | SECTION 129. Section 115.044(a), Local Government Code, is |
---|
1605 | 1605 | | amended to read as follows: |
---|
1606 | 1606 | | (a) A county with a population of 372,000 [312,000] to |
---|
1607 | 1607 | | 410,000 [330,000] shall conduct a biennial independent audit of all |
---|
1608 | 1608 | | books, records, and accounts of each district, county, and precinct |
---|
1609 | 1609 | | officer, agent, or employee, including those of the regular county |
---|
1610 | 1610 | | auditor, and of all governmental units of the county hospitals, |
---|
1611 | 1611 | | farms, and other institutions. The audit must cover all matters |
---|
1612 | 1612 | | relating to the fiscal affairs of the county. The audit shall be |
---|
1613 | 1613 | | conducted in each even-numbered year and must be completed before |
---|
1614 | 1614 | | December 31 of the year. |
---|
1615 | 1615 | | SECTION 130. Section 120.001, Local Government Code, is |
---|
1616 | 1616 | | amended to read as follows: |
---|
1617 | 1617 | | Sec. 120.001. APPLICABILITY. This chapter applies only to |
---|
1618 | 1618 | | a county with a population of more than 1.2 [one] million. |
---|
1619 | 1619 | | SECTION 131. Section 143.0052(a), Local Government Code, is |
---|
1620 | 1620 | | amended to read as follows: |
---|
1621 | 1621 | | (a) This section applies only to a municipality that: |
---|
1622 | 1622 | | (1) has a population of more than 220,000 and less than |
---|
1623 | 1623 | | 275,000 [250,000]; |
---|
1624 | 1624 | | (2) is located in a county in which another |
---|
1625 | 1625 | | municipality that has a population of more than one million is |
---|
1626 | 1626 | | predominately located; and |
---|
1627 | 1627 | | (3) whose emergency medical services are administered |
---|
1628 | 1628 | | by a fire department. |
---|
1629 | 1629 | | SECTION 132. Section 143.025(l), Local Government Code, is |
---|
1630 | 1630 | | amended to read as follows: |
---|
1631 | 1631 | | (l) In a municipality with a population of more than 1.4 |
---|
1632 | 1632 | | [1.3] million and less than 2 million, an examination for a |
---|
1633 | 1633 | | beginning position in the fire department may include testing |
---|
1634 | 1634 | | instruments to be used in addition to the written examination in the |
---|
1635 | 1635 | | establishment of the initial eligibility list. |
---|
1636 | 1636 | | SECTION 133. The heading to Section 143.114, Local |
---|
1637 | 1637 | | Government Code, is amended to read as follows: |
---|
1638 | 1638 | | Sec. 143.114. ASSIGNMENT PAY IN MUNICIPALITY WITH |
---|
1639 | 1639 | | POPULATION OF 1.5 [1.2] MILLION OR MORE. |
---|
1640 | 1640 | | SECTION 134. Sections 152.032(b), (d), and (e), Local |
---|
1641 | 1641 | | Government Code, are amended to read as follows: |
---|
1642 | 1642 | | (b) This subsection applies only to a county that employs an |
---|
1643 | 1643 | | arena venue project manager hired as of March 7, 2001, and that has |
---|
1644 | 1644 | | a population of less than 2.1 [1.8] million in which a municipality |
---|
1645 | 1645 | | with a population of more than one million is located. The amount |
---|
1646 | 1646 | | of the compensation and allowances of a county auditor in a county |
---|
1647 | 1647 | | subject to this subsection may not exceed the amount of the |
---|
1648 | 1648 | | compensation and allowances received from all sources by the county |
---|
1649 | 1649 | | budget officer. If the county hires a county budget officer at a |
---|
1650 | 1650 | | salary lower than the salary of the previous county budget officer, |
---|
1651 | 1651 | | the county auditor's salary may not be reduced on that basis. |
---|
1652 | 1652 | | (d) The amount of the compensation and allowances of a |
---|
1653 | 1653 | | county auditor in a county subject to this subsection may be set in |
---|
1654 | 1654 | | an amount that exceeds the limit established by Subsection (a) if |
---|
1655 | 1655 | | the compensation and allowances are approved by the commissioners |
---|
1656 | 1656 | | court of the county. This subsection applies only to: |
---|
1657 | 1657 | | (1) [a county with a population of more than 108,000 |
---|
1658 | 1658 | | and less than 110,000; |
---|
1659 | 1659 | | [(2)] a county with a population of 120,000 or more, |
---|
1660 | 1660 | | excluding a county subject to Subsection (b); |
---|
1661 | 1661 | | (2) [(3)] a county with a population of more than |
---|
1662 | 1662 | | 1,000 and less than 23,000 that borders the Gulf of Mexico; |
---|
1663 | 1663 | | (3) [(4)] a county with a population of more than |
---|
1664 | 1664 | | 11,000 and less than 11,350 [11,650]; and |
---|
1665 | 1665 | | (4) [(5)] a county that: |
---|
1666 | 1666 | | (A) borders a county with a population of more |
---|
1667 | 1667 | | than one million; and |
---|
1668 | 1668 | | (B) has a population of more than 44,500 [36,000] |
---|
1669 | 1669 | | and less than 46,500 [40,000]. |
---|
1670 | 1670 | | (e) This subsection applies only to a county with a |
---|
1671 | 1671 | | population of more than 1.2 [one] million that uses an automated |
---|
1672 | 1672 | | system to enhance internal controls of county finances through the |
---|
1673 | 1673 | | use of automated edit checks of its automated purchasing system and |
---|
1674 | 1674 | | its comprehensive automated payroll system. The amount of the |
---|
1675 | 1675 | | compensation and allowances of a county auditor in a county |
---|
1676 | 1676 | | governed by this subsection may exceed the limit imposed by |
---|
1677 | 1677 | | Subsection (a) if the compensation and allowances are approved by |
---|
1678 | 1678 | | the commissioners court. If a county is governed by this |
---|
1679 | 1679 | | subsection and Subsection (b), the amount of compensation and |
---|
1680 | 1680 | | allowances received by the county auditor may not exceed the limit |
---|
1681 | 1681 | | imposed by Subsection (b). |
---|
1682 | 1682 | | SECTION 135. Section 152.904(c), Local Government Code, is |
---|
1683 | 1683 | | amended to read as follows: |
---|
1684 | 1684 | | (c) The commissioners court of a county with a population of |
---|
1685 | 1685 | | 315,000 [285,000] to 351,000 [300,000] shall set the annual salary |
---|
1686 | 1686 | | of the county judge at an amount equal to or greater than 90 percent |
---|
1687 | 1687 | | of the salary, including supplements, of any district judge in |
---|
1688 | 1688 | | Galveston County. However, the salary may not be set at an amount |
---|
1689 | 1689 | | less than the salary paid the county judge on May 2, 1962. |
---|
1690 | 1690 | | SECTION 136. Section 158.008(e), Local Government Code, is |
---|
1691 | 1691 | | amended to read as follows: |
---|
1692 | 1692 | | (e) A member of the commissioners court of a county with a |
---|
1693 | 1693 | | population of 2.5 [two] million or more is not prohibited from being |
---|
1694 | 1694 | | appointed to the civil service commission. |
---|
1695 | 1695 | | SECTION 137. Section 161.001, Local Government Code, is |
---|
1696 | 1696 | | amended to read as follows: |
---|
1697 | 1697 | | Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter |
---|
1698 | 1698 | | applies only to: |
---|
1699 | 1699 | | (1) a county that: |
---|
1700 | 1700 | | (A) contains a municipality that has a population |
---|
1701 | 1701 | | of 500,000 [800,000] or more; |
---|
1702 | 1702 | | (B) is located on the international border; and |
---|
1703 | 1703 | | (C) before September 1, 2009, had a county ethics |
---|
1704 | 1704 | | board appointed by the commissioners court; |
---|
1705 | 1705 | | (2) a county that: |
---|
1706 | 1706 | | (A) has a population of 425,000 or more; |
---|
1707 | 1707 | | (B) is adjacent to a county with a population of |
---|
1708 | 1708 | | 3.3 million or more; and |
---|
1709 | 1709 | | (C) contains a portion of the San Jacinto River; |
---|
1710 | 1710 | | and |
---|
1711 | 1711 | | (3) a county that has a population of less than 50,000 |
---|
1712 | 1712 | | [40,000] that is adjacent to a county with a population of more than |
---|
1713 | 1713 | | 3.3 million. |
---|
1714 | 1714 | | SECTION 138. Section 170.002(a), Local Government Code, is |
---|
1715 | 1715 | | amended to read as follows: |
---|
1716 | 1716 | | (a) This section applies to a county that has a population |
---|
1717 | 1717 | | of less than 50,000 [40,000] that is adjacent to a county with a |
---|
1718 | 1718 | | population of more than 3.3 million. |
---|
1719 | 1719 | | SECTION 139. Section 180.003(a), Local Government Code, is |
---|
1720 | 1720 | | amended to read as follows: |
---|
1721 | 1721 | | (a) In a county with a population of 372,000 [312,000] to |
---|
1722 | 1722 | | 400,000 [330,000], a sheriff, deputy, constable, or other peace |
---|
1723 | 1723 | | officer of the county or a municipality located in the county may |
---|
1724 | 1724 | | not be required to be on duty more than 48 hours a week unless the |
---|
1725 | 1725 | | peace officer is called on by a superior officer to serve during an |
---|
1726 | 1726 | | emergency as determined by the superior officer. |
---|
1727 | 1727 | | SECTION 140. Section 212.0146(a), Local Government Code, is |
---|
1728 | 1728 | | amended to read as follows: |
---|
1729 | 1729 | | (a) This section applies only to a replat of a subdivision |
---|
1730 | 1730 | | or a part of a subdivision located in a municipality or the |
---|
1731 | 1731 | | extraterritorial jurisdiction of a municipality with a population |
---|
1732 | 1732 | | of 1.4 [1.3] million or more. |
---|
1733 | 1733 | | SECTION 141. Section 212.151, Local Government Code, is |
---|
1734 | 1734 | | amended to read as follows: |
---|
1735 | 1735 | | Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This |
---|
1736 | 1736 | | subchapter applies only to a municipality: |
---|
1737 | 1737 | | (1) with a population of 1.5 million or more that |
---|
1738 | 1738 | | passes an ordinance that requires uniform application and |
---|
1739 | 1739 | | enforcement of this subchapter with regard to all property and |
---|
1740 | 1740 | | residents; |
---|
1741 | 1741 | | (2) with a population of less than 4,500 [4,000] that: |
---|
1742 | 1742 | | (A) is located in two counties, one of which has a |
---|
1743 | 1743 | | population greater than 45,000; and |
---|
1744 | 1744 | | (B) borders Lake Lyndon B. Johnson; or |
---|
1745 | 1745 | | (3) that does not have zoning ordinances and passes an |
---|
1746 | 1746 | | ordinance that requires uniform application and enforcement of this |
---|
1747 | 1747 | | subchapter with regard to all property and residents. |
---|
1748 | 1748 | | SECTION 142. Section 214.003(b-1), Local Government Code, |
---|
1749 | 1749 | | is amended to read as follows: |
---|
1750 | 1750 | | (b-1) This subsection applies only to a municipality wholly |
---|
1751 | 1751 | | or partly located in a county that is located along the |
---|
1752 | 1752 | | international border and contains [has] a municipality with a |
---|
1753 | 1753 | | population of 500,000 [800,000] or more. The court may appoint as |
---|
1754 | 1754 | | a receiver under Subsection (b) an individual without a |
---|
1755 | 1755 | | demonstrated record of rehabilitating properties if the |
---|
1756 | 1756 | | municipality demonstrates that: |
---|
1757 | 1757 | | (1) no individual with a demonstrated record of |
---|
1758 | 1758 | | rehabilitating properties is available; and |
---|
1759 | 1759 | | (2) the individual being appointed is competent and |
---|
1760 | 1760 | | able to fulfill the duties of a receiver. |
---|
1761 | 1761 | | SECTION 143. Section 214.161, Local Government Code, is |
---|
1762 | 1762 | | amended to read as follows: |
---|
1763 | 1763 | | Sec. 214.161. MUNICIPALITY COVERED BY SUBCHAPTER. This |
---|
1764 | 1764 | | subchapter applies only to a municipality with a population of more |
---|
1765 | 1765 | | than 1.18 million located primarily in a county with a population of |
---|
1766 | 1766 | | 2.5 [2] million or more. |
---|
1767 | 1767 | | SECTION 144. Section 214.233(a), Local Government Code, is |
---|
1768 | 1768 | | amended to read as follows: |
---|
1769 | 1769 | | (a) A municipality located in a county with a population of |
---|
1770 | 1770 | | 2.5 [two] million or more may adopt an ordinance requiring owners of |
---|
1771 | 1771 | | vacant buildings to register their buildings by filing a |
---|
1772 | 1772 | | registration form with a designated municipal official. |
---|
1773 | 1773 | | SECTION 145. Section 229.003(a), Local Government Code, is |
---|
1774 | 1774 | | amended to read as follows: |
---|
1775 | 1775 | | (a) This section applies only to a municipality located |
---|
1776 | 1776 | | wholly or partly in a county: |
---|
1777 | 1777 | | (1) with a population of one million [750,000] or |
---|
1778 | 1778 | | more; |
---|
1779 | 1779 | | (2) in which all or part of a municipality with a |
---|
1780 | 1780 | | population of one million or more is located; and |
---|
1781 | 1781 | | (3) that is located adjacent to a county with a |
---|
1782 | 1782 | | population of 2.5 [two] million or more. |
---|
1783 | 1783 | | SECTION 146. Section 232.045(a), Local Government Code, is |
---|
1784 | 1784 | | amended to read as follows: |
---|
1785 | 1785 | | (a) This section applies only to a county [with a population |
---|
1786 | 1786 | | of more than 800,000] that is adjacent to an international border |
---|
1787 | 1787 | | and contains a municipality with a population of 500,000 or more. |
---|
1788 | 1788 | | SECTION 147. Section 232.151, Local Government Code, is |
---|
1789 | 1789 | | amended to read as follows: |
---|
1790 | 1790 | | Sec. 232.151. APPLICABILITY. This subchapter applies to a |
---|
1791 | 1791 | | county that: |
---|
1792 | 1792 | | (1) contains a municipality with [has] a population of |
---|
1793 | 1793 | | more than 500,000 [800,000]; |
---|
1794 | 1794 | | (2) is adjacent to an international border; and |
---|
1795 | 1795 | | (3) contains more than 30,000 acres of lots that have |
---|
1796 | 1796 | | remained substantially undeveloped for more than 25 years after the |
---|
1797 | 1797 | | date the lots were platted. |
---|
1798 | 1798 | | SECTION 148. Section 234.032, Local Government Code, is |
---|
1799 | 1799 | | amended to read as follows: |
---|
1800 | 1800 | | Sec. 234.032. APPLICABILITY. This subchapter applies only |
---|
1801 | 1801 | | in the unincorporated area of a county [if the county]: |
---|
1802 | 1802 | | (1) in which [contains] two or more municipalities |
---|
1803 | 1803 | | with a population of 350,000 [250,000] or more are wholly or |
---|
1804 | 1804 | | primarily located; |
---|
1805 | 1805 | | (2) that is [a county] adjacent to a county described |
---|
1806 | 1806 | | by Subdivision (1); or |
---|
1807 | 1807 | | (3) that is [a county] adjacent to a county described |
---|
1808 | 1808 | | by Subdivision (2) and: |
---|
1809 | 1809 | | (A) has a population of not more than 55,000 |
---|
1810 | 1810 | | [50,000] and contains a municipality with a population of at least |
---|
1811 | 1811 | | 20,000; or |
---|
1812 | 1812 | | (B) in which [contains, wholly or partly,] two or |
---|
1813 | 1813 | | more municipalities with a population of 280,000 [250,000] or more |
---|
1814 | 1814 | | are partly located. |
---|
1815 | 1815 | | SECTION 149. Section 240.042(a), Local Government Code, is |
---|
1816 | 1816 | | amended to read as follows: |
---|
1817 | 1817 | | (a) The commissioners court of a county with a population of |
---|
1818 | 1818 | | 2.1 [1.8] million or more by order may regulate the placement of |
---|
1819 | 1819 | | private water wells in the unincorporated area of the county to |
---|
1820 | 1820 | | prevent: |
---|
1821 | 1821 | | (1) the contamination of a well from an on-site sewage |
---|
1822 | 1822 | | disposal system; |
---|
1823 | 1823 | | (2) rendering an on-site sewage disposal system that |
---|
1824 | 1824 | | was in place before the well was drilled out of compliance with |
---|
1825 | 1825 | | applicable law because of the placement of the well; and |
---|
1826 | 1826 | | (3) drilling of a domestic well into a contaminated |
---|
1827 | 1827 | | groundwater plume or aquifer. |
---|
1828 | 1828 | | SECTION 150. Section 240.082(a), Local Government Code, is |
---|
1829 | 1829 | | amended to read as follows: |
---|
1830 | 1830 | | (a) This subchapter applies only to real property that is |
---|
1831 | 1831 | | located in the unincorporated area of a county with a population of |
---|
1832 | 1832 | | 2.1 [1.8] million or more. |
---|
1833 | 1833 | | SECTION 151. Section 242.003(a), Local Government Code, is |
---|
1834 | 1834 | | amended to read as follows: |
---|
1835 | 1835 | | (a) This section applies only to: |
---|
1836 | 1836 | | (1) a county that is [having a population of more than |
---|
1837 | 1837 | | 800,000 and] located on the international border and contains a |
---|
1838 | 1838 | | municipality with a population of 500,000 or more; and |
---|
1839 | 1839 | | (2) a municipality that has extraterritorial |
---|
1840 | 1840 | | jurisdiction, as defined by Section 212.001, in the [that] county |
---|
1841 | 1841 | | described by Subdivision (1). |
---|
1842 | 1842 | | SECTION 152. Section 250.011(c), Local Government Code, as |
---|
1843 | 1843 | | added by Chapter 315 (H.B. 738), Acts of the 87th Legislature, |
---|
1844 | 1844 | | Regular Session, 2021, is amended to read as follows: |
---|
1845 | 1845 | | (c) Subsection (a) does not apply to: |
---|
1846 | 1846 | | (1) a municipality that has enacted an ordinance, |
---|
1847 | 1847 | | bylaw, order, building code, or rule requiring the installation of |
---|
1848 | 1848 | | a multipurpose residential fire protection sprinkler system or any |
---|
1849 | 1849 | | other fire protection sprinkler system in a new or existing one- or |
---|
1850 | 1850 | | two-family dwelling on or before January 1, 2009; or |
---|
1851 | 1851 | | (2) an emergency services district: |
---|
1852 | 1852 | | (A) that before February 1, 2013, has adopted a |
---|
1853 | 1853 | | fire code, fire code amendments, or other requirements in conflict |
---|
1854 | 1854 | | with Subsection (a); and |
---|
1855 | 1855 | | (B) whose territory is located: |
---|
1856 | 1856 | | (i) in or adjacent to a general law |
---|
1857 | 1857 | | municipality with a population of less than 4,000 that is served by |
---|
1858 | 1858 | | a water control and improvement district governed by Chapter 51, |
---|
1859 | 1859 | | Water Code; and |
---|
1860 | 1860 | | (ii) in a county that has a population of |
---|
1861 | 1861 | | more than 1.2 [one] million and is adjacent to a county with a |
---|
1862 | 1862 | | population of more than 600,000 [420,000]. |
---|
1863 | 1863 | | SECTION 153. Section 253.001(l), Local Government Code, is |
---|
1864 | 1864 | | amended to read as follows: |
---|
1865 | 1865 | | (l) Subsection (b) does not apply to a conveyance of park |
---|
1866 | 1866 | | land owned by a home-rule municipality that: |
---|
1867 | 1867 | | (1) is located in a county with a population of more |
---|
1868 | 1868 | | than three million; and |
---|
1869 | 1869 | | (2) has a population of more than 33,000 [25,000] and |
---|
1870 | 1870 | | less than 35,000 [33,000]. |
---|
1871 | 1871 | | SECTION 154. Section 253.013(a), Local Government Code, is |
---|
1872 | 1872 | | amended to read as follows: |
---|
1873 | 1873 | | (a) This section applies only to: |
---|
1874 | 1874 | | (1) a municipality with a population greater than |
---|
1875 | 1875 | | 150,000 and less than 200,000 that is located in three counties; and |
---|
1876 | 1876 | | (2) a municipality with a population greater than |
---|
1877 | 1877 | | 78,000 [65,000] and less than 88,000 [90,000] that is located in a |
---|
1878 | 1878 | | county in which part but not all of a military installation is |
---|
1879 | 1879 | | located. |
---|
1880 | 1880 | | SECTION 155. Section 263.007(e)(2), Local Government Code, |
---|
1881 | 1881 | | is amended to read as follows: |
---|
1882 | 1882 | | (2) The commissioners court of a county with a |
---|
1883 | 1883 | | population of 2.1 [one] million or more that contains two or more |
---|
1884 | 1884 | | municipalities with a population of 350,000 [250,000] or more may |
---|
1885 | 1885 | | lease real property owned or controlled by the county to a |
---|
1886 | 1886 | | for-profit entity to conduct health and human service activities |
---|
1887 | 1887 | | which the commissioners court finds to be in the public interest, |
---|
1888 | 1888 | | without using the sealed-bid or sealed-proposal process described |
---|
1889 | 1889 | | in Subsection (a) and without using any other competitive bidding |
---|
1890 | 1890 | | process which would otherwise be required by law. |
---|
1891 | 1891 | | SECTION 156. Section 263.1545(a), Local Government Code, is |
---|
1892 | 1892 | | amended to read as follows: |
---|
1893 | 1893 | | (a) This section applies only to surplus property that: |
---|
1894 | 1894 | | (1) is owned by a county with a population of more than |
---|
1895 | 1895 | | 1.2 [1] million and less than 1.5 million; |
---|
1896 | 1896 | | (2) uses a high level of technology; |
---|
1897 | 1897 | | (3) was used or will be used in connection with or for |
---|
1898 | 1898 | | a highly specialized program; and |
---|
1899 | 1899 | | (4) was purchased by the county for more than |
---|
1900 | 1900 | | $250,000. |
---|
1901 | 1901 | | SECTION 157. Section 270.005(a), Local Government Code, is |
---|
1902 | 1902 | | amended to read as follows: |
---|
1903 | 1903 | | (a) The commissioners court of a county with a population of |
---|
1904 | 1904 | | 251,000 to 260,000 [275,000] may contract with the United States |
---|
1905 | 1905 | | government or a federal agency for: |
---|
1906 | 1906 | | (1) the joint construction or improvement of roads, |
---|
1907 | 1907 | | bridges, or other county improvements; or |
---|
1908 | 1908 | | (2) the maintenance of a project constructed under |
---|
1909 | 1909 | | this section. |
---|
1910 | 1910 | | SECTION 158. Section 272.001(h), Local Government Code, is |
---|
1911 | 1911 | | amended to read as follows: |
---|
1912 | 1912 | | (h) A municipality, other than a municipality with a |
---|
1913 | 1913 | | population of more than one million that is located primarily in a |
---|
1914 | 1914 | | county with a population of 2.5 [two] million or more, owning land |
---|
1915 | 1915 | | within 5,000 feet of where the shoreline of a lake would be if the |
---|
1916 | 1916 | | lake were filled to its storage capacity may, without notice or the |
---|
1917 | 1917 | | solicitation of bids, sell the land to the person leasing the land |
---|
1918 | 1918 | | for the fair market value of the land as determined by a certified |
---|
1919 | 1919 | | appraiser. While land described by this subsection is under lease, |
---|
1920 | 1920 | | the municipality owning the land may not sell the land to any person |
---|
1921 | 1921 | | other than the person leasing the land. To protect the public |
---|
1922 | 1922 | | health, safety, or welfare and to ensure an adequate municipal |
---|
1923 | 1923 | | water supply, property sold by the municipality under this |
---|
1924 | 1924 | | subsection is not eligible for and the owner is not entitled to the |
---|
1925 | 1925 | | exemption provided by Section 11.142(a), Water Code. The |
---|
1926 | 1926 | | instrument conveying property under this subsection must include a |
---|
1927 | 1927 | | provision stating that the exemption does not apply to the |
---|
1928 | 1928 | | conveyance. In this subsection, "lake" means an inland body of |
---|
1929 | 1929 | | standing water, including a reservoir formed by impounding the |
---|
1930 | 1930 | | water of a river or creek but not including an impoundment of salt |
---|
1931 | 1931 | | water or brackish water, that has a storage capacity of more than |
---|
1932 | 1932 | | 10,000 acre-feet. |
---|
1933 | 1933 | | SECTION 159. Section 292.023(a), Local Government Code, is |
---|
1934 | 1934 | | amended to read as follows: |
---|
1935 | 1935 | | (a) This section applies only to a county with a population |
---|
1936 | 1936 | | of: |
---|
1937 | 1937 | | (1) 32,800 [35,500] to 34,000 [36,000]; or |
---|
1938 | 1938 | | (2) 98,000 [85,000] to 105,000 [86,500]. |
---|
1939 | 1939 | | SECTION 160. Section 292.025(a), Local Government Code, is |
---|
1940 | 1940 | | amended to read as follows: |
---|
1941 | 1941 | | (a) This section applies only to a county with a population |
---|
1942 | 1942 | | of 35,850 [35,050] to 36,000 [35,090]. |
---|
1943 | 1943 | | SECTION 161. Section 292.027(a), Local Government Code, is |
---|
1944 | 1944 | | amended to read as follows: |
---|
1945 | 1945 | | (a) This section applies only to a county with a population |
---|
1946 | 1946 | | of 57,900 [57,000] to 59,000. |
---|
1947 | 1947 | | SECTION 162. Section 292.031(a), Local Government Code, is |
---|
1948 | 1948 | | amended to read as follows: |
---|
1949 | 1949 | | (a) This section applies only to a county with a population |
---|
1950 | 1950 | | of less than 50,000 [40,000] that is adjacent to a county with a |
---|
1951 | 1951 | | population of more than 3.3 million. |
---|
1952 | 1952 | | SECTION 163. The heading to Chapter 307, Local Government |
---|
1953 | 1953 | | Code, is amended to read as follows: |
---|
1954 | 1954 | | CHAPTER 307. USE OF TIDELANDS FOR PARK PURPOSES: GULF COAST |
---|
1955 | 1955 | | MUNICIPALITIES WITH POPULATION OF 50,000 [60,000] OR MORE |
---|
1956 | 1956 | | SECTION 164. Section 320.0455(a), Local Government Code, is |
---|
1957 | 1957 | | amended to read as follows: |
---|
1958 | 1958 | | (a) This section applies only to a county with a population |
---|
1959 | 1959 | | of: |
---|
1960 | 1960 | | (1) 2.8 million or more; |
---|
1961 | 1961 | | (2) 800,000 [580,000] or more that is adjacent to a |
---|
1962 | 1962 | | county with a population of 2.8 million or more; or |
---|
1963 | 1963 | | (3) more than 550,000 [410,000] and less than 620,000 |
---|
1964 | 1964 | | [455,000]. |
---|
1965 | 1965 | | SECTION 165. The heading to Chapter 322, Local Government |
---|
1966 | 1966 | | Code, is amended to read as follows: |
---|
1967 | 1967 | | CHAPTER 322. JOINT PARKS BOARD AND PARK BONDS: ADJACENT COUNTIES |
---|
1968 | 1968 | | WITH POPULATIONS OF 2.1 MILLION [350,000] OR MORE |
---|
1969 | 1969 | | SECTION 166. Section 322.001, Local Government Code, is |
---|
1970 | 1970 | | amended to read as follows: |
---|
1971 | 1971 | | Sec. 322.001. ELIGIBLE COUNTIES. Two adjacent counties |
---|
1972 | 1972 | | that each have a population of 2.1 [one] million or more may create |
---|
1973 | 1973 | | a joint park board in accordance with this chapter for the purpose |
---|
1974 | 1974 | | of providing one or more public parks for the two counties. |
---|
1975 | 1975 | | SECTION 167. Section 327.051, Local Government Code, is |
---|
1976 | 1976 | | amended to read as follows: |
---|
1977 | 1977 | | Sec. 327.051. COUNTIES AUTHORIZED TO CREATE ZOO BOARD. The |
---|
1978 | 1978 | | commissioners court of a county with a population of more than 2.1 |
---|
1979 | 1979 | | [1.5] million that is adjacent to a county with a population of more |
---|
1980 | 1980 | | than 2.1 [one] million by order may authorize the creation of a zoo |
---|
1981 | 1981 | | board under this chapter to establish, finance, and manage |
---|
1982 | 1982 | | facilities and services to provide conservation, education, |
---|
1983 | 1983 | | research, public recreation, and care relating to the study and |
---|
1984 | 1984 | | display of animals and other specimens in a public zoological park. |
---|
1985 | 1985 | | SECTION 168. Section 334.0082(a), Local Government Code, is |
---|
1986 | 1986 | | amended to read as follows: |
---|
1987 | 1987 | | (a) This section applies only to a municipality that: |
---|
1988 | 1988 | | (1) has a population of at least 250,000 [176,000] |
---|
1989 | 1989 | | that borders the Rio Grande, and that approved a sports and |
---|
1990 | 1990 | | community venue project before January 1, 2009; or |
---|
1991 | 1991 | | (2) is located in a county adjacent to the |
---|
1992 | 1992 | | Texas-Mexico border if: |
---|
1993 | 1993 | | (A) the county has a population of at least |
---|
1994 | 1994 | | 500,000; |
---|
1995 | 1995 | | (B) the county does not have a city located |
---|
1996 | 1996 | | within it that has a population of at least 500,000; and |
---|
1997 | 1997 | | (C) the municipality is the largest municipality |
---|
1998 | 1998 | | in the county described by this subdivision. |
---|
1999 | 1999 | | SECTION 169. Section 334.103(c), Local Government Code, is |
---|
2000 | 2000 | | amended to read as follows: |
---|
2001 | 2001 | | (c) A county with a population of more than 2.5 [two] |
---|
2002 | 2002 | | million that is adjacent to a county with a population of more than |
---|
2003 | 2003 | | 2.1 [one] million may impose the tax authorized by this subchapter |
---|
2004 | 2004 | | at a rate not to exceed six percent on the gross rental receipts |
---|
2005 | 2005 | | from the rental in the county of a motor vehicle. |
---|
2006 | 2006 | | SECTION 170. Section 334.1041(a), Local Government Code, is |
---|
2007 | 2007 | | amended to read as follows: |
---|
2008 | 2008 | | (a) This section applies only to a county with a population |
---|
2009 | 2009 | | of more than 2.5 [two] million that is adjacent to a county with a |
---|
2010 | 2010 | | population of more than 2.1 [one] million. |
---|
2011 | 2011 | | SECTION 171. Section 334.202(b-1), Local Government Code, |
---|
2012 | 2012 | | is amended to read as follows: |
---|
2013 | 2013 | | (b-1) A municipality with a population of more than 700,000 |
---|
2014 | 2014 | | within a county with a population of more than 2.1 [one] million |
---|
2015 | 2015 | | adjacent to a county with a population of more than 2.5 [two] |
---|
2016 | 2016 | | million may impose the tax authorized by this subchapter at a rate |
---|
2017 | 2017 | | not to exceed $5 for each motor vehicle. |
---|
2018 | 2018 | | SECTION 172. Section 334.2031(a), Local Government Code, is |
---|
2019 | 2019 | | amended to read as follows: |
---|
2020 | 2020 | | (a) This section applies only to a municipality with a |
---|
2021 | 2021 | | population of more than 700,000 within a county with a population of |
---|
2022 | 2022 | | more than 2.1 [one] million that is adjacent to a county with a |
---|
2023 | 2023 | | population of more than 2.5 [two] million. |
---|
2024 | 2024 | | SECTION 173. Section 334.2518(a), Local Government Code, is |
---|
2025 | 2025 | | amended to read as follows: |
---|
2026 | 2026 | | (a) This section applies only to a municipality that has a |
---|
2027 | 2027 | | population of more than 1.3 [1] million but less than 1.4 [1.3] |
---|
2028 | 2028 | | million. |
---|
2029 | 2029 | | SECTION 174. Section 334.254(c), Local Government Code, is |
---|
2030 | 2030 | | amended to read as follows: |
---|
2031 | 2031 | | (c) Except as provided by Subsection (d), a county with a |
---|
2032 | 2032 | | population of more than 2.5 [two] million that is adjacent to a |
---|
2033 | 2033 | | county with a population of more than 2.1 [one] million may impose |
---|
2034 | 2034 | | the tax authorized by this subchapter at any rate not to exceed |
---|
2035 | 2035 | | three percent of the price paid for a room in a hotel. |
---|
2036 | 2036 | | SECTION 175. Section 335.076(a), Local Government Code, is |
---|
2037 | 2037 | | amended to read as follows: |
---|
2038 | 2038 | | (a) This section applies only in relation to an approved |
---|
2039 | 2039 | | venue project constructed and operated under the authority of a |
---|
2040 | 2040 | | district in a county with a population of more than 2.5 [two] |
---|
2041 | 2041 | | million that is adjacent to a county with a population of more than |
---|
2042 | 2042 | | 2.1 [one] million. |
---|
2043 | 2043 | | SECTION 176. Section 342.901(a), Local Government Code, is |
---|
2044 | 2044 | | amended to read as follows: |
---|
2045 | 2045 | | (a) This section applies to a general law municipality that: |
---|
2046 | 2046 | | (1) has a population of less than 4,000; |
---|
2047 | 2047 | | (2) is located in a county that: |
---|
2048 | 2048 | | (A) has a population of more than 1.2 [one] |
---|
2049 | 2049 | | million; and |
---|
2050 | 2050 | | (B) is adjacent to a county with a population of |
---|
2051 | 2051 | | more than 600,000 [420,000]; and |
---|
2052 | 2052 | | (3) is served by a district governed by Chapter 51, |
---|
2053 | 2053 | | Water Code. |
---|
2054 | 2054 | | SECTION 177. The heading to Subchapter B, Chapter 343, |
---|
2055 | 2055 | | Local Government Code, is amended to read as follows: |
---|
2056 | 2056 | | SUBCHAPTER B. PROVISIONS APPLICABLE TO MUNICIPALITIES WITH A |
---|
2057 | 2057 | | POPULATION OF MORE THAN 1.3 MILLION [850,000] |
---|
2058 | 2058 | | SECTION 178. Section 343.011, Local Government Code, is |
---|
2059 | 2059 | | amended to read as follows: |
---|
2060 | 2060 | | Sec. 343.011. APPLICATION. This subchapter applies only to |
---|
2061 | 2061 | | a municipality with a population of more than 1.3 million |
---|
2062 | 2062 | | [850,000]. |
---|
2063 | 2063 | | SECTION 179. Section 344.051(a-1), Local Government Code, |
---|
2064 | 2064 | | is amended to read as follows: |
---|
2065 | 2065 | | (a-1) The governing body of a municipality may propose the |
---|
2066 | 2066 | | creation of a fire control, prevention, and emergency medical |
---|
2067 | 2067 | | services district under this chapter if the municipality: |
---|
2068 | 2068 | | (1) has a population of 5,000 or more and less than |
---|
2069 | 2069 | | 25,000; and |
---|
2070 | 2070 | | (2) is located in a county with a population of one |
---|
2071 | 2071 | | million [750,000] or more: |
---|
2072 | 2072 | | (A) in which all or part of a municipality with a |
---|
2073 | 2073 | | population of one million or more is located; and |
---|
2074 | 2074 | | (B) that is adjacent to a county with a |
---|
2075 | 2075 | | population of 2.5 [two] million or more. |
---|
2076 | 2076 | | SECTION 180. Section 351.04155(a), Local Government Code, |
---|
2077 | 2077 | | is amended to read as follows: |
---|
2078 | 2078 | | (a) This section applies only to a county that: |
---|
2079 | 2079 | | (1) has a population of 2.1 [one] million or more; |
---|
2080 | 2080 | | (2) has two municipalities with a population of |
---|
2081 | 2081 | | 250,000 [200,000] or more; and |
---|
2082 | 2082 | | (3) is adjacent to a county with a population of 2.1 |
---|
2083 | 2083 | | [one] million or more. |
---|
2084 | 2084 | | SECTION 181. Section 351.901(b), Local Government Code, is |
---|
2085 | 2085 | | amended to read as follows: |
---|
2086 | 2086 | | (b) The commissioners court of a county by contract may |
---|
2087 | 2087 | | donate money to one or more crime stoppers or crime prevention |
---|
2088 | 2088 | | organizations for expenditure by the organizations to meet the |
---|
2089 | 2089 | | goals identified in Subsection (a). The total amount of all |
---|
2090 | 2090 | | donations made in a calendar year may not exceed: |
---|
2091 | 2091 | | (1) $25,000; or |
---|
2092 | 2092 | | (2) $100,000, for a county with a population of 1.2 |
---|
2093 | 2093 | | [one] million or more. |
---|
2094 | 2094 | | SECTION 182. Section 361.042(a), Local Government Code, is |
---|
2095 | 2095 | | amended to read as follows: |
---|
2096 | 2096 | | (a) Instead of providing and maintaining its own jail, the |
---|
2097 | 2097 | | commissioners court of a county with a population of 120,000 |
---|
2098 | 2098 | | [110,000] to 123,000 [113,000] may provide safe and suitable jail |
---|
2099 | 2099 | | facilities for the county by contracting for the facilities with |
---|
2100 | 2100 | | the governing body of the municipality that is the county seat of |
---|
2101 | 2101 | | the county. |
---|
2102 | 2102 | | SECTION 183. Section 362.005(a), Local Government Code, is |
---|
2103 | 2103 | | amended to read as follows: |
---|
2104 | 2104 | | (a) The sheriff's department of a county with a population |
---|
2105 | 2105 | | of at least 870,000 [700,000 but not more than 800,000] that borders |
---|
2106 | 2106 | | the Texas-Mexico border and the police department of the |
---|
2107 | 2107 | | municipality having the largest population in that county shall |
---|
2108 | 2108 | | jointly establish and operate the Texas Transnational Intelligence |
---|
2109 | 2109 | | Center as a central repository of real-time intelligence relating |
---|
2110 | 2110 | | to: |
---|
2111 | 2111 | | (1) autopsies in which the person's death is likely |
---|
2112 | 2112 | | connected to transnational criminal activity; |
---|
2113 | 2113 | | (2) criminal activity in the counties along the |
---|
2114 | 2114 | | Texas-Mexico border and certain other counties; and |
---|
2115 | 2115 | | (3) other transnational criminal activity in the |
---|
2116 | 2116 | | state. |
---|
2117 | 2117 | | SECTION 184. Section 371.001(a), Local Government Code, is |
---|
2118 | 2118 | | amended to read as follows: |
---|
2119 | 2119 | | (a) The governing body of a municipality with a population |
---|
2120 | 2120 | | of 1.3 million [900,000] or less may appropriate from its general |
---|
2121 | 2121 | | fund an amount not to exceed one percent of the general fund budget |
---|
2122 | 2122 | | for that year for the purpose of advertising the municipality and |
---|
2123 | 2123 | | promoting its growth and development. |
---|
2124 | 2124 | | SECTION 185. (a) Section 372.0035(a), Local Government |
---|
2125 | 2125 | | Code, as amended by Chapters 59 (S.B. 385), 60 (S.B. 642), 244 (H.B. |
---|
2126 | 2126 | | 1417), 994 (H.B. 1135), 995 (H.B. 1136), 997 (H.B. 1474), and 1271 |
---|
2127 | 2127 | | (S.B. 386), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
2128 | 2128 | | reenacted as Sections 372.0035(a) and (a-1), Local Government Code, |
---|
2129 | 2129 | | and amended to read as follows: |
---|
2130 | 2130 | | (a) This section applies only to: |
---|
2131 | 2131 | | (1) a municipality that: |
---|
2132 | 2132 | | (A) has a population of more than 900,000 |
---|
2133 | 2133 | | [650,000] and less than two million; |
---|
2134 | 2134 | | (B) has a population of more than 325,000 and |
---|
2135 | 2135 | | less than 625,000; [or] |
---|
2136 | 2136 | | (C) has a population of more than 197,000 |
---|
2137 | 2137 | | [180,000] and less than 200,500 [200,000]; |
---|
2138 | 2138 | | (D) [(C)] has a population of more than 256,000 |
---|
2139 | 2139 | | [200,000] and less than 257,000 [225,000]; |
---|
2140 | 2140 | | (E) [(C)] has a population of more than 20,000 |
---|
2141 | 2141 | | and is wholly located in a county with a population of more than |
---|
2142 | 2142 | | 62,000 [55,000] and less than 68,000 [65,000]; |
---|
2143 | 2143 | | (F) [(C)] has a population of more than 200,000 |
---|
2144 | 2144 | | [115,000] and borders Lake Lewisville; |
---|
2145 | 2145 | | (G) [(C)] has a population of more than 138,000 |
---|
2146 | 2146 | | [105,000] and is wholly located in a county with a population of |
---|
2147 | 2147 | | less than 265,000 [250,000]; or |
---|
2148 | 2148 | | (H) [(C)] has a population of more than 130,000 |
---|
2149 | 2149 | | [100,000] and less than 140,000 [125,000] and is wholly located in a |
---|
2150 | 2150 | | county with a population of more than 900,000 [650,000]; and |
---|
2151 | 2151 | | (2) a public improvement district established under |
---|
2152 | 2152 | | this subchapter and solely composed of territory in which the only |
---|
2153 | 2153 | | businesses are: |
---|
2154 | 2154 | | (A) hotels with 100 or more rooms ordinarily used |
---|
2155 | 2155 | | for sleeping, if the district is established by a municipality |
---|
2156 | 2156 | | described by Subdivision (1)(A); [or] |
---|
2157 | 2157 | | (B) hotels with 75 or more rooms ordinarily used |
---|
2158 | 2158 | | for sleeping, if the district is established by a municipality |
---|
2159 | 2159 | | described by Subdivision (1)(B), (D), (E), (F), (G), or (H) [(C)]; |
---|
2160 | 2160 | | or |
---|
2161 | 2161 | | (C) hotels with 10 or more rooms ordinarily used |
---|
2162 | 2162 | | for sleeping, if the district is established by a municipality |
---|
2163 | 2163 | | described by Subdivision (1)(C). |
---|
2164 | 2164 | | (a-1) This section applies only to a public improvement |
---|
2165 | 2165 | | district established by a municipality under this subchapter and |
---|
2166 | 2166 | | solely composed of territory in which the only businesses are one or |
---|
2167 | 2167 | | more hotels. |
---|
2168 | 2168 | | (b) Section 372.0035(e), Local Government Code, as added by |
---|
2169 | 2169 | | Chapter 997 (H.B. 1474), Acts of the 86th Legislature, Regular |
---|
2170 | 2170 | | Session, 2019, is redesignated as Section 372.0035(e-1), Local |
---|
2171 | 2171 | | Government Code, to read as follows: |
---|
2172 | 2172 | | (e-1) [(e)] A municipality may undertake a project under |
---|
2173 | 2173 | | this section only for a purpose described by Section |
---|
2174 | 2174 | | 372.003(b)(13). |
---|
2175 | 2175 | | (c) The following provisions are repealed as duplicative of |
---|
2176 | 2176 | | Section 372.0035(e), Local Government Code, as added by Chapter 997 |
---|
2177 | 2177 | | (H.B. 1474), Acts of the 86th Legislature, Regular Session, 2019: |
---|
2178 | 2178 | | (1) Section 372.0035(e), Local Government Code, as |
---|
2179 | 2179 | | added by Chapter 59 (S.B. 385), Acts of the 86th Legislature, |
---|
2180 | 2180 | | Regular Session, 2019; and |
---|
2181 | 2181 | | (2) Section 372.0035(e), Local Government Code, as |
---|
2182 | 2182 | | added by Chapter 1271 (S.B. 386), Acts of the 86th Legislature, |
---|
2183 | 2183 | | Regular Session, 2019. |
---|
2184 | 2184 | | (d) Section 372.005(b-1), Local Government Code, is amended |
---|
2185 | 2185 | | to read as follows: |
---|
2186 | 2186 | | (b-1) Notwithstanding Subsection (b), a petition for the |
---|
2187 | 2187 | | establishment of a public improvement district described by Section |
---|
2188 | 2188 | | 372.0035(a) or (a-1) is sufficient only if signed by record owners |
---|
2189 | 2189 | | of taxable real property liable for assessment under the proposal |
---|
2190 | 2190 | | who constitute: |
---|
2191 | 2191 | | (1) more than 60 percent of the appraised value of |
---|
2192 | 2192 | | taxable real property liable for assessment under the proposal, as |
---|
2193 | 2193 | | determined by the current roll of the appraisal district in which |
---|
2194 | 2194 | | the property is located; and |
---|
2195 | 2195 | | (2) more than 60 percent of: |
---|
2196 | 2196 | | (A) all record owners of taxable real property |
---|
2197 | 2197 | | that are liable for assessment under the proposal; or |
---|
2198 | 2198 | | (B) the area of all taxable real property that is |
---|
2199 | 2199 | | liable for assessment under the proposal. |
---|
2200 | 2200 | | SECTION 186. Section 372.151, Local Government Code, is |
---|
2201 | 2201 | | amended to read as follows: |
---|
2202 | 2202 | | Sec. 372.151. APPLICABILITY. This subchapter applies only |
---|
2203 | 2203 | | to a county that: |
---|
2204 | 2204 | | (1) does not wholly contain a [contains no] |
---|
2205 | 2205 | | municipality with a population of more than 50,000; and |
---|
2206 | 2206 | | (2) is adjacent to at least two counties, each with a |
---|
2207 | 2207 | | population of more than 2.1 [one] million. |
---|
2208 | 2208 | | SECTION 187. Section 373A.003(a), Local Government Code, is |
---|
2209 | 2209 | | amended to read as follows: |
---|
2210 | 2210 | | (a) This chapter applies to a municipality with a population |
---|
2211 | 2211 | | of more than 950,000 [750,000] that is located in a uniform state |
---|
2212 | 2212 | | service region with fewer than 940,000 [550,000] occupied housing |
---|
2213 | 2213 | | units as determined by the most recent United States decennial |
---|
2214 | 2214 | | census. |
---|
2215 | 2215 | | SECTION 188. Section 377.051(e), Local Government Code, is |
---|
2216 | 2216 | | amended to read as follows: |
---|
2217 | 2217 | | (e) Notwithstanding Subsection (d), a person may qualify to |
---|
2218 | 2218 | | serve as a director of a district if the person resides in the |
---|
2219 | 2219 | | independent school district that serves the majority of the |
---|
2220 | 2220 | | district and the district is located in a municipality: |
---|
2221 | 2221 | | (1) with a population of more than 5,000 and less than |
---|
2222 | 2222 | | 6,000 and that is located wholly in a county with a population of |
---|
2223 | 2223 | | more than 20,000 and less than 25,000 and that borders the Brazos |
---|
2224 | 2224 | | River; or |
---|
2225 | 2225 | | (2) with a population of more than 1,450 [1,488] and |
---|
2226 | 2226 | | less than 2,500 and that is located wholly in a county with a |
---|
2227 | 2227 | | population of more than 20,000 and less than 30,000 that borders the |
---|
2228 | 2228 | | Neches River and the Trinity River. |
---|
2229 | 2229 | | SECTION 189. Section 381.001(c), Local Government Code, is |
---|
2230 | 2230 | | amended to read as follows: |
---|
2231 | 2231 | | (c) In a county with a population of 15,800 [14,600] to |
---|
2232 | 2232 | | 16,800 [14,800], or 16,950 [16,615] to 17,400 [16,715], or 18,600 |
---|
2233 | 2233 | | [17,800] to 19,000 [18,000], or 24,600 to 24,800, a person |
---|
2234 | 2234 | | appointed to the commission also must be serving or must have served |
---|
2235 | 2235 | | on an industrial foundation committee, commissioners court, |
---|
2236 | 2236 | | municipality's governing body, or school board. In addition, in |
---|
2237 | 2237 | | those counties information obtained by the commission shall be |
---|
2238 | 2238 | | available to the commissioners court. |
---|
2239 | 2239 | | SECTION 190. Section 382.002, Local Government Code, is |
---|
2240 | 2240 | | amended to read as follows: |
---|
2241 | 2241 | | Sec. 382.002. APPLICABILITY. This chapter applies only |
---|
2242 | 2242 | | to: |
---|
2243 | 2243 | | (1) a county with a population of 1.5 million or more, |
---|
2244 | 2244 | | other than a county that: |
---|
2245 | 2245 | | (A) borders on the Gulf of Mexico or a bay or |
---|
2246 | 2246 | | inlet of the gulf; or |
---|
2247 | 2247 | | (B) has two municipalities located wholly or |
---|
2248 | 2248 | | partly in its boundaries each having a population of 225,000 or |
---|
2249 | 2249 | | more; or |
---|
2250 | 2250 | | (2) a county with a population of 70,000 or more that |
---|
2251 | 2251 | | is adjacent to a county described by Subdivision (1) in which a |
---|
2252 | 2252 | | municipality with a population of 90,000 [35,000] or more is |
---|
2253 | 2253 | | primarily situated and includes all or a part of the |
---|
2254 | 2254 | | extraterritorial jurisdiction of a municipality with a population |
---|
2255 | 2255 | | of 1.1 million or more. |
---|
2256 | 2256 | | SECTION 191. Section 387.0031(a), Local Government Code, is |
---|
2257 | 2257 | | amended to read as follows: |
---|
2258 | 2258 | | (a) This section applies only to a district created by a |
---|
2259 | 2259 | | county with a population of more than 800,000 [580,000] that |
---|
2260 | 2260 | | borders a county with a population of more than four million. |
---|
2261 | 2261 | | SECTION 192. Section 392.0131(a), Local Government Code, is |
---|
2262 | 2262 | | amended to read as follows: |
---|
2263 | 2263 | | (a) This section applies only to the merger of housing |
---|
2264 | 2264 | | authorities operating in: |
---|
2265 | 2265 | | (1) a county that [has a population of 800,000 or more |
---|
2266 | 2266 | | and] is located on the international border and contains a |
---|
2267 | 2267 | | municipality with a population of 500,000 or more; and |
---|
2268 | 2268 | | (2) a municipality that has a population of more than |
---|
2269 | 2269 | | 600,000 and less than 700,000 and is located in a county described |
---|
2270 | 2270 | | by Subdivision (1). |
---|
2271 | 2271 | | SECTION 193. Sections 397.005(b) and (c), Local Government |
---|
2272 | 2272 | | Code, are amended to read as follows: |
---|
2273 | 2273 | | (b) This subsection applies only to a defense community that |
---|
2274 | 2274 | | includes a municipality with a population of more than 125,000 |
---|
2275 | 2275 | | [110,000] located primarily in a county with a population of less |
---|
2276 | 2276 | | than 145,000 [135,000] and that has not adopted airport zoning |
---|
2277 | 2277 | | regulations under Chapter 241. A defense community that proposes |
---|
2278 | 2278 | | to adopt or amend an ordinance, rule, or plan in an area located |
---|
2279 | 2279 | | within eight miles of the boundary line of a military base or |
---|
2280 | 2280 | | defense facility shall notify the base or facility authorities |
---|
2281 | 2281 | | concerning the compatibility of the proposed ordinance, rule, or |
---|
2282 | 2282 | | plan with base operations. |
---|
2283 | 2283 | | (c) A defense community that proposes to adopt or amend an |
---|
2284 | 2284 | | ordinance, rule, or plan that would be applicable in a controlled |
---|
2285 | 2285 | | compatible land use area as defined by Section 241.003 and that may |
---|
2286 | 2286 | | impact base operations shall notify the base or facility |
---|
2287 | 2287 | | authorities concerning the compatibility of the proposed |
---|
2288 | 2288 | | ordinance, rule, or plan with base operations. This subsection |
---|
2289 | 2289 | | applies only to a defense community that has not adopted airport |
---|
2290 | 2290 | | zoning regulations under Chapter 241 and that: |
---|
2291 | 2291 | | (1) is a county with a population of more than 1.5 |
---|
2292 | 2292 | | million that contains a municipality in which at least 70 [75] |
---|
2293 | 2293 | | percent of the county's population resides; |
---|
2294 | 2294 | | (2) is a county with a population of 170,000 [130,000] |
---|
2295 | 2295 | | or more that is adjacent to a county described by Subdivision (1); |
---|
2296 | 2296 | | (3) is located in a county described by Subdivision |
---|
2297 | 2297 | | (1) or (2); or |
---|
2298 | 2298 | | (4) is or includes a municipality that is located in a |
---|
2299 | 2299 | | county with a population of more than 100,000 and less than 130,000 |
---|
2300 | 2300 | | that borders the Red River. |
---|
2301 | 2301 | | SECTION 194. Sections 397.006(a) and (c), Local Government |
---|
2302 | 2302 | | Code, are amended to read as follows: |
---|
2303 | 2303 | | (a) Subsection (b) applies only to a defense community that |
---|
2304 | 2304 | | includes a municipality with a population of more than 125,000 |
---|
2305 | 2305 | | [110,000] located primarily in a county with a population of less |
---|
2306 | 2306 | | than 145,000 [135,000] and that has not adopted airport zoning |
---|
2307 | 2307 | | regulations under Chapter 241. |
---|
2308 | 2308 | | (c) On receipt of an application for a permit as defined by |
---|
2309 | 2309 | | Section 245.001 for a proposed structure that would be located in a |
---|
2310 | 2310 | | controlled compatible land use area as defined by Section 241.003 |
---|
2311 | 2311 | | and may impact base operations, a defense community shall notify |
---|
2312 | 2312 | | the base or facility authorities concerning the compatibility of |
---|
2313 | 2313 | | the proposed structure with base operations. This subsection |
---|
2314 | 2314 | | applies only to a defense community that has not adopted airport |
---|
2315 | 2315 | | zoning regulations under Chapter 241 and that: |
---|
2316 | 2316 | | (1) is a county with a population of more than 1.5 |
---|
2317 | 2317 | | million that contains a municipality in which at least 70 [75] |
---|
2318 | 2318 | | percent of the county's population resides; |
---|
2319 | 2319 | | (2) is a county with a population of 170,000 [130,000] |
---|
2320 | 2320 | | or more that is adjacent to a county described by Subdivision (1); |
---|
2321 | 2321 | | (3) is located in a county described by Subdivision |
---|
2322 | 2322 | | (1) or (2); or |
---|
2323 | 2323 | | (4) is or includes a municipality that is located in a |
---|
2324 | 2324 | | county with a population of more than 100,000 and less than 130,000 |
---|
2325 | 2325 | | that borders the Red River. |
---|
2326 | 2326 | | SECTION 195. Section 504.002, Local Government Code, is |
---|
2327 | 2327 | | amended to read as follows: |
---|
2328 | 2328 | | Sec. 504.002. APPLICABILITY OF CHAPTER. This chapter |
---|
2329 | 2329 | | applies only to a municipality that: |
---|
2330 | 2330 | | (1) is located in a county that has a population of |
---|
2331 | 2331 | | 500,000 or less; or |
---|
2332 | 2332 | | (2) has a population of less than 50,000 and: |
---|
2333 | 2333 | | (A) is located in two or more counties, one of |
---|
2334 | 2334 | | which has a population of 500,000 or more; |
---|
2335 | 2335 | | (B) is located within the territorial limits of, |
---|
2336 | 2336 | | but has not elected to become a part of, a metropolitan rapid |
---|
2337 | 2337 | | transit authority: |
---|
2338 | 2338 | | (i) the principal municipality of which has |
---|
2339 | 2339 | | a population of less than 1.9 million; and |
---|
2340 | 2340 | | (ii) that was created before January 1, |
---|
2341 | 2341 | | 1980, under Chapter 141, Acts of the 63rd Legislature, Regular |
---|
2342 | 2342 | | Session, 1973, and is operating under Chapter 451, Transportation |
---|
2343 | 2343 | | Code; or |
---|
2344 | 2344 | | (C) is located within the territorial limits of, |
---|
2345 | 2345 | | but has not elected to become a part of, a regional transportation |
---|
2346 | 2346 | | authority: |
---|
2347 | 2347 | | (i) the principal municipality of which has |
---|
2348 | 2348 | | a population of more than 1.3 million [750,000]; and |
---|
2349 | 2349 | | (ii) that was created under Chapter 683, |
---|
2350 | 2350 | | Acts of the 66th Legislature, Regular Session, 1979, or Chapter |
---|
2351 | 2351 | | 452, Transportation Code, and is operating under Chapter 452, |
---|
2352 | 2352 | | Transportation Code. |
---|
2353 | 2353 | | SECTION 196. Section 505.157(a), Local Government Code, is |
---|
2354 | 2354 | | amended to read as follows: |
---|
2355 | 2355 | | (a) In this section, "landlocked community" means a |
---|
2356 | 2356 | | municipality that: |
---|
2357 | 2357 | | (1) is wholly or partly located in a county with a |
---|
2358 | 2358 | | population of 2.5 [two] million or more; and |
---|
2359 | 2359 | | (2) has within its municipal limits and |
---|
2360 | 2360 | | extraterritorial jurisdiction less than 100 acres that can be used |
---|
2361 | 2361 | | for the development of manufacturing or industrial facilities in |
---|
2362 | 2362 | | accordance with the municipality's zoning laws or land use |
---|
2363 | 2363 | | restrictions. |
---|
2364 | 2364 | | SECTION 197. Section 552.024(b), Local Government Code, is |
---|
2365 | 2365 | | amended to read as follows: |
---|
2366 | 2366 | | (b) This section applies only to a home-rule municipality |
---|
2367 | 2367 | | that: |
---|
2368 | 2368 | | (1) has a population of at least 99,000 and not more |
---|
2369 | 2369 | | than 160,000; |
---|
2370 | 2370 | | (2) is located in two counties, only one of which has a |
---|
2371 | 2371 | | population of at least 150,000 [132,000] and not more than 170,000; |
---|
2372 | 2372 | | and |
---|
2373 | 2373 | | (3) owns and operates a water system, sewer system, or |
---|
2374 | 2374 | | combined system. |
---|
2375 | 2375 | | SECTION 198. Section 552.044(1), Local Government Code, is |
---|
2376 | 2376 | | amended to read as follows: |
---|
2377 | 2377 | | (1)(A) "Benefitted property" means an improved lot or |
---|
2378 | 2378 | | tract to which drainage service is made available under this |
---|
2379 | 2379 | | subchapter. |
---|
2380 | 2380 | | (B) "Benefitted property," in a municipality |
---|
2381 | 2381 | | with a population of more than 1.18 million located primarily in a |
---|
2382 | 2382 | | county with a population of 2.5 [2] million or more which is |
---|
2383 | 2383 | | operating a drainage utility system under this chapter, means a lot |
---|
2384 | 2384 | | or tract, but does not include land appraised for agricultural use, |
---|
2385 | 2385 | | to which drainage service is made available under this subchapter |
---|
2386 | 2386 | | and which discharges into a creek, river, slough, culvert, or other |
---|
2387 | 2387 | | channel that is part of the municipality's drainage utility |
---|
2388 | 2388 | | system. Sections 552.053(c)(2) and (c)(3) do not apply to a |
---|
2389 | 2389 | | municipality described in this subdivision. |
---|
2390 | 2390 | | SECTION 199. Section 552.913(a), Local Government Code, is |
---|
2391 | 2391 | | amended to read as follows: |
---|
2392 | 2392 | | (a) This section applies only to a home-rule municipality |
---|
2393 | 2393 | | that: |
---|
2394 | 2394 | | (1) has a population of more than 100,000; |
---|
2395 | 2395 | | (2) owns and operates an electric utility that is a |
---|
2396 | 2396 | | member of a municipal power agency; and |
---|
2397 | 2397 | | (3) is located in a county adjacent to a county with a |
---|
2398 | 2398 | | population of more than 2.5 [two] million. |
---|
2399 | 2399 | | SECTION 200. Section 562.016, Local Government Code, is |
---|
2400 | 2400 | | amended to read as follows: |
---|
2401 | 2401 | | Sec. 562.016. COUNTY WATER AND SEWER SYSTEM. (a) A county |
---|
2402 | 2402 | | may acquire, own, finance, operate, or contract for the operation |
---|
2403 | 2403 | | of, a water or sewer utility system to serve an unincorporated area |
---|
2404 | 2404 | | of the county in the same manner and under the same regulations as a |
---|
2405 | 2405 | | municipality under Chapter 552. The county must comply with all |
---|
2406 | 2406 | | provisions of Chapter 13, Water Code, that apply to a municipality. |
---|
2407 | 2407 | | However, a county with a population of 2.5 [two] million or more and |
---|
2408 | 2408 | | any adjoining county may, with the municipality's approval, serve |
---|
2409 | 2409 | | an area within a municipality. |
---|
2410 | 2410 | | (b) To finance the water or sewer utility system, a county |
---|
2411 | 2411 | | may issue bonds payable solely from the revenue generated by the |
---|
2412 | 2412 | | water or sewer utility system. A bond issued under this section is |
---|
2413 | 2413 | | not a debt of the county but is only a charge on the revenues pledged |
---|
2414 | 2414 | | and is not considered in determining the ability of the county to |
---|
2415 | 2415 | | issue bonds for any other purpose authorized by law. This |
---|
2416 | 2416 | | subsection does not authorize the issuance of general obligation |
---|
2417 | 2417 | | bonds payable from ad valorem taxes to finance a water or sewer |
---|
2418 | 2418 | | utility system. However, a county with a population of 2.5 [two] |
---|
2419 | 2419 | | million or more and any adjoining county may issue general |
---|
2420 | 2420 | | obligation bonds with the approval of qualified voters. |
---|
2421 | 2421 | | (c) A county may acquire any interest in property necessary |
---|
2422 | 2422 | | to operate a system authorized by this section through any means |
---|
2423 | 2423 | | available to the county, including eminent domain. A county may |
---|
2424 | 2424 | | not use eminent domain under this subsection to acquire property in |
---|
2425 | 2425 | | a municipality. Provided, however, a county with a population of |
---|
2426 | 2426 | | 2.5 [two] million or more and any adjoining county may, with the |
---|
2427 | 2427 | | municipality's approval, use the power of eminent domain under this |
---|
2428 | 2428 | | subsection to acquire property within a municipality. |
---|
2429 | 2429 | | SECTION 201. Section 615.002(a), Local Government Code, is |
---|
2430 | 2430 | | amended to read as follows: |
---|
2431 | 2431 | | (a) This section applies to a county with a population of: |
---|
2432 | 2432 | | (1) 14,800 [14,050] to 15,000 [14,250]; |
---|
2433 | 2433 | | (2) 19,900 [19,700] to 20,000 [19,800]; |
---|
2434 | 2434 | | (3) 21,300 [21,850] to 21,500 [22,000]; |
---|
2435 | 2435 | | (4) 57,800 [54,000] to 57,900 [54,500]; |
---|
2436 | 2436 | | (5) 36,000 [36,500] to 36,500 [36,800]; or |
---|
2437 | 2437 | | (6) 234,000 or more. |
---|
2438 | 2438 | | SECTION 202. Section 615.011(b), Local Government Code, is |
---|
2439 | 2439 | | amended to read as follows: |
---|
2440 | 2440 | | (b) A county with a population of 44,500 [41,500] to 45,500 |
---|
2441 | 2441 | | [42,500] may authorize the use of county equipment, machinery, and |
---|
2442 | 2442 | | employees to construct, establish, and maintain a public airstrip |
---|
2443 | 2443 | | in the county. |
---|
2444 | 2444 | | SECTION 203. Section 61.018(a-1), Natural Resources Code, |
---|
2445 | 2445 | | is amended to read as follows: |
---|
2446 | 2446 | | (a-1) A county attorney, district attorney, or criminal |
---|
2447 | 2447 | | district attorney or the attorney general may not file a suit under |
---|
2448 | 2448 | | Subsection (a) to obtain a temporary or permanent court order or |
---|
2449 | 2449 | | injunction, either prohibitory or mandatory, to remove a house from |
---|
2450 | 2450 | | a public beach if: |
---|
2451 | 2451 | | (1) the line of vegetation establishing the boundary |
---|
2452 | 2452 | | of the public beach moved as a result of a meteorological event that |
---|
2453 | 2453 | | occurred before January 1, 2009; |
---|
2454 | 2454 | | (2) the house was located landward of the natural line |
---|
2455 | 2455 | | of vegetation before the meteorological event; |
---|
2456 | 2456 | | (3) a portion of the house continues to be located |
---|
2457 | 2457 | | landward of the line of vegetation; and |
---|
2458 | 2458 | | (4) the house is located on a peninsula in a county |
---|
2459 | 2459 | | with a population of more than 315,000 [285,000] and less than |
---|
2460 | 2460 | | 351,000 [300,000] that borders the Gulf of Mexico. |
---|
2461 | 2461 | | SECTION 204. Section 162.001(c-4), Occupations Code, is |
---|
2462 | 2462 | | amended to read as follows: |
---|
2463 | 2463 | | (c-4) The board shall certify a health organization to |
---|
2464 | 2464 | | contract with or employ physicians licensed by the board if the |
---|
2465 | 2465 | | organization: |
---|
2466 | 2466 | | (1) is a hospital district: |
---|
2467 | 2467 | | (A) recognized by a federal agency as a public |
---|
2468 | 2468 | | entity eligible to receive a grant related to a community or |
---|
2469 | 2469 | | federally qualified health center described by Subdivision (2); and |
---|
2470 | 2470 | | (B) created in a county with a population of more |
---|
2471 | 2471 | | than 1.2 million [800,000] that was not included in the boundaries |
---|
2472 | 2472 | | of a hospital district before September 1, 2003; and |
---|
2473 | 2473 | | (2) is organized and operated as: |
---|
2474 | 2474 | | (A) a migrant, community, or homeless health |
---|
2475 | 2475 | | center under the authority of and in compliance with 42 U.S.C. |
---|
2476 | 2476 | | Section 254b or 254c; or |
---|
2477 | 2477 | | (B) a federally qualified health center under 42 |
---|
2478 | 2478 | | U.S.C. Section 1396d(l)(2)(B). |
---|
2479 | 2479 | | SECTION 205. Section 2026.011, Occupations Code, is amended |
---|
2480 | 2480 | | to read as follows: |
---|
2481 | 2481 | | Sec. 2026.011. AUTOMOBILE RACING FACILITY PROHIBITED NEAR |
---|
2482 | 2482 | | RACETRACK IN CERTAIN COUNTIES. An automobile racing facility may |
---|
2483 | 2483 | | not be located within 10,000 feet of a horse or greyhound racetrack |
---|
2484 | 2484 | | that is located in a county with a population of 2.1 [1.8] million |
---|
2485 | 2485 | | or more. |
---|
2486 | 2486 | | SECTION 206. Section 2301.6521(a), Occupations Code, is |
---|
2487 | 2487 | | amended to read as follows: |
---|
2488 | 2488 | | (a) In this section, "affected county" means: |
---|
2489 | 2489 | | (1) a county with a population of 1.2 [one] million or |
---|
2490 | 2490 | | more; or |
---|
2491 | 2491 | | (2) a county with a population of 800,000 [500,000] or |
---|
2492 | 2492 | | more but less than 1.1 [one] million that is adjacent to a county |
---|
2493 | 2493 | | with a population of 1.2 [one] million or more. |
---|
2494 | 2494 | | SECTION 207. Section 2308.209(b), Occupations Code, is |
---|
2495 | 2495 | | amended to read as follows: |
---|
2496 | 2496 | | (b) This section applies only to the unincorporated area of |
---|
2497 | 2497 | | a county: |
---|
2498 | 2498 | | (1) with a population of 450,000 or more that is |
---|
2499 | 2499 | | adjacent to a county with a population of 3.3 million or more; |
---|
2500 | 2500 | | (2) with a population of less than 9,000 [10,000] that |
---|
2501 | 2501 | | is located in a national forest; or |
---|
2502 | 2502 | | (3) adjacent to a county described by Subdivision (2) |
---|
2503 | 2503 | | that has a population of less than 75,000. |
---|
2504 | 2504 | | SECTION 208. Section 61.021(c), Parks and Wildlife Code, is |
---|
2505 | 2505 | | amended to read as follows: |
---|
2506 | 2506 | | (c) Subsection (b) applies only to hunting on land that is: |
---|
2507 | 2507 | | (1) owned or leased by the Kickapoo Traditional Tribe |
---|
2508 | 2508 | | of Texas; and |
---|
2509 | 2509 | | (2) located in a county that: |
---|
2510 | 2510 | | (A) borders the United Mexican States and has a |
---|
2511 | 2511 | | population of more than 50,000 but less than 70,000; or |
---|
2512 | 2512 | | (B) is adjacent to a county described by |
---|
2513 | 2513 | | Paragraph (A) and has a population of less than 8,000 [9,000]. |
---|
2514 | 2514 | | SECTION 209. Section 5.0622(a), Property Code, is amended |
---|
2515 | 2515 | | to read as follows: |
---|
2516 | 2516 | | (a) This section applies only to a county with a population |
---|
2517 | 2517 | | of less than 100,000 that is located in a metropolitan statistical |
---|
2518 | 2518 | | area as defined by the federal Office of Management and Budget: |
---|
2519 | 2519 | | (1) with a population of more than 1.5 million; and |
---|
2520 | 2520 | | (2) adjacent to a different metropolitan statistical |
---|
2521 | 2521 | | area as defined by the federal Office of Management and Budget with |
---|
2522 | 2522 | | a population of more than 2.5 [2] million. |
---|
2523 | 2523 | | SECTION 210. Section 201.001(a), Property Code, is amended |
---|
2524 | 2524 | | to read as follows: |
---|
2525 | 2525 | | (a) This chapter applies to a residential real estate |
---|
2526 | 2526 | | subdivision that is located in whole or in part: |
---|
2527 | 2527 | | (1) within a city that has a population of more than |
---|
2528 | 2528 | | 100,000, or within the extraterritorial jurisdiction of such a |
---|
2529 | 2529 | | city; |
---|
2530 | 2530 | | (2) in the unincorporated area of: |
---|
2531 | 2531 | | (A) a county having a population of 3.3 million |
---|
2532 | 2532 | | or more; or |
---|
2533 | 2533 | | (B) a county having a population of 50,000 |
---|
2534 | 2534 | | [40,000] or more that is adjacent to a county having a population of |
---|
2535 | 2535 | | 3.3 million or more; or |
---|
2536 | 2536 | | (3) in the incorporated area of a county having a |
---|
2537 | 2537 | | population of 50,000 [40,000] or more that is adjacent to a county |
---|
2538 | 2538 | | having a population of 3.3 million or more. |
---|
2539 | 2539 | | SECTION 211. Section 204.002(a), Property Code, is amended |
---|
2540 | 2540 | | to read as follows: |
---|
2541 | 2541 | | (a) This chapter applies only to a residential real estate |
---|
2542 | 2542 | | subdivision, excluding a condominium development governed by Title |
---|
2543 | 2543 | | 7[, Property Code,] that is located in whole or in part: |
---|
2544 | 2544 | | (1) in a county with a population of 3.3 million or |
---|
2545 | 2545 | | more; |
---|
2546 | 2546 | | (2) in a county with a population of not less than |
---|
2547 | 2547 | | 315,000 [285,000] and not more than 351,000 [300,000] that is |
---|
2548 | 2548 | | adjacent to the Gulf of Mexico and that is adjacent to a county |
---|
2549 | 2549 | | having a population of 3.3 million or more; or |
---|
2550 | 2550 | | (3) in a county with a population of 275,000 or more |
---|
2551 | 2551 | | that: |
---|
2552 | 2552 | | (A) is adjacent to a county with a population of |
---|
2553 | 2553 | | 3.3 million or more; and |
---|
2554 | 2554 | | (B) contains part of a national forest. |
---|
2555 | 2555 | | SECTION 212. Section 210.002, Property Code, is amended to |
---|
2556 | 2556 | | read as follows: |
---|
2557 | 2557 | | Sec. 210.002. APPLICABILITY OF CHAPTER. This chapter |
---|
2558 | 2558 | | applies to a residential real estate subdivision that is located in |
---|
2559 | 2559 | | a county with a population of: |
---|
2560 | 2560 | | (1) more than 200,000 and less than 233,500 [220,000]; |
---|
2561 | 2561 | | or |
---|
2562 | 2562 | | (2) more than 45,000 and less than 85,000 [80,000] |
---|
2563 | 2563 | | that is adjacent to a county with a population of more than 200,000 |
---|
2564 | 2564 | | and less than 233,500 [220,000]. |
---|
2565 | 2565 | | SECTION 213. Section 211.001(4), Property Code, is amended |
---|
2566 | 2566 | | to read as follows: |
---|
2567 | 2567 | | (4) "Residential real estate subdivision" or |
---|
2568 | 2568 | | "subdivision" means all land encompassed within one or more maps or |
---|
2569 | 2569 | | plats of land that is divided into two or more parts if: |
---|
2570 | 2570 | | (A) the maps or plats cover land all or part of |
---|
2571 | 2571 | | which is not located within a municipality and: |
---|
2572 | 2572 | | (i) for a county with a population of less |
---|
2573 | 2573 | | than 65,000, is not located within the extraterritorial |
---|
2574 | 2574 | | jurisdiction of a municipality; |
---|
2575 | 2575 | | (ii) for a county with a population of at |
---|
2576 | 2576 | | least 65,000 and less than 135,000, is located wholly within the |
---|
2577 | 2577 | | extraterritorial jurisdiction of a municipality; or |
---|
2578 | 2578 | | (iii) for a county that borders Lake |
---|
2579 | 2579 | | Buchanan and has a population of at least 21,000 [18,500] and less |
---|
2580 | 2580 | | than 22,000 [19,500], is located wholly within the extraterritorial |
---|
2581 | 2581 | | jurisdiction of a municipality; |
---|
2582 | 2582 | | (B) the land encompassed within the maps or plats |
---|
2583 | 2583 | | is or was burdened by restrictions limiting all or at least a |
---|
2584 | 2584 | | majority of the land area covered by the map or plat, excluding |
---|
2585 | 2585 | | streets and public areas, to residential use only; and |
---|
2586 | 2586 | | (C) all instruments creating the restrictions |
---|
2587 | 2587 | | are recorded in the deed or real property records of a county. |
---|
2588 | 2588 | | SECTION 214. Section 211.002(a), Property Code, is amended |
---|
2589 | 2589 | | to read as follows: |
---|
2590 | 2590 | | (a) This chapter applies only to a residential real estate |
---|
2591 | 2591 | | subdivision or any unit or parcel of a subdivision: |
---|
2592 | 2592 | | (1) all or part of which is located within an |
---|
2593 | 2593 | | unincorporated area of a county if the county has a population of |
---|
2594 | 2594 | | less than 65,000; |
---|
2595 | 2595 | | (2) all of which is located within the |
---|
2596 | 2596 | | extraterritorial jurisdiction of a municipality located in a county |
---|
2597 | 2597 | | that has a population of at least 65,000 and less than 135,000; |
---|
2598 | 2598 | | (3) all of which is located within the |
---|
2599 | 2599 | | extraterritorial jurisdiction of a municipality located in a county |
---|
2600 | 2600 | | that borders Lake Buchanan and has a population of at least 21,000 |
---|
2601 | 2601 | | [18,500] and less than 22,000 [19,500]; or |
---|
2602 | 2602 | | (4) all or part of which is located within a county |
---|
2603 | 2603 | | that borders Lake Livingston and has a population of less than |
---|
2604 | 2604 | | 55,000 [50,000]. |
---|
2605 | 2605 | | SECTION 215. Section 6.41(b-2), Tax Code, is amended to |
---|
2606 | 2606 | | read as follows: |
---|
2607 | 2607 | | (b-2) An appraisal district board of directors for a |
---|
2608 | 2608 | | district established in a county with a population of 1.2 [one] |
---|
2609 | 2609 | | million or more by resolution of a majority of the board's members |
---|
2610 | 2610 | | shall increase the size of the district's appraisal review board to |
---|
2611 | 2611 | | the number of members the board of directors considers appropriate |
---|
2612 | 2612 | | to manage the duties of the appraisal review board, including the |
---|
2613 | 2613 | | duties of each special panel established under Section 6.425. |
---|
2614 | 2614 | | SECTION 216. Section 11.18(p), Tax Code, is amended to read |
---|
2615 | 2615 | | as follows: |
---|
2616 | 2616 | | (p) The exemption authorized by Subsection (d)(23) applies |
---|
2617 | 2617 | | only to property that: |
---|
2618 | 2618 | | (1) is owned by a charitable organization that has |
---|
2619 | 2619 | | been in existence for at least: |
---|
2620 | 2620 | | (A) 20 years if the property is located in a |
---|
2621 | 2621 | | county described by Subdivision (4)(A); or |
---|
2622 | 2622 | | (B) two years if the property is located in a |
---|
2623 | 2623 | | municipality described by Subdivision (4)(B); |
---|
2624 | 2624 | | (2) is located on a tract of land that: |
---|
2625 | 2625 | | (A) is at least 15 acres in size; and |
---|
2626 | 2626 | | (B) was either: |
---|
2627 | 2627 | | (i) owned by the organization on July 1, |
---|
2628 | 2628 | | 2021; or |
---|
2629 | 2629 | | (ii) acquired by donation and owned by the |
---|
2630 | 2630 | | organization on January 1, 2023; |
---|
2631 | 2631 | | (3) is used to provide permanent housing and related |
---|
2632 | 2632 | | services to individuals described by that subsection; and |
---|
2633 | 2633 | | (4) is located in: |
---|
2634 | 2634 | | (A) a county with a population of more than 1.2 |
---|
2635 | 2635 | | [one] million and less than 1.5 million; or |
---|
2636 | 2636 | | (B) a municipality with a population of more than |
---|
2637 | 2637 | | 100,000 and less than 150,000 at least part of which is located in a |
---|
2638 | 2638 | | county with a population of less than 5,500 [5,000]. |
---|
2639 | 2639 | | SECTION 217. Sections 11.1825(s) and (v), Tax Code, are |
---|
2640 | 2640 | | amended to read as follows: |
---|
2641 | 2641 | | (s) Unless otherwise provided by the governing body of a |
---|
2642 | 2642 | | taxing unit any part of which is located in a county with a |
---|
2643 | 2643 | | population of at least 2.1 [1.8] million under Subsection (x), for |
---|
2644 | 2644 | | property described by Subsection (f)(1), the amount of the |
---|
2645 | 2645 | | exemption under this section from taxation is 50 percent of the |
---|
2646 | 2646 | | appraised value of the property. |
---|
2647 | 2647 | | (v) Notwithstanding any other provision of this section, an |
---|
2648 | 2648 | | organization may not receive an exemption from taxation of property |
---|
2649 | 2649 | | described by Subsection (f)(1) by a taxing unit any part of which is |
---|
2650 | 2650 | | located in a county with a population of at least 2.1 [1.8] million |
---|
2651 | 2651 | | unless the exemption is approved by the governing body of the taxing |
---|
2652 | 2652 | | unit in the manner provided by law for official action. |
---|
2653 | 2653 | | SECTION 218. Section 11.315(b), Tax Code, is amended to |
---|
2654 | 2654 | | read as follows: |
---|
2655 | 2655 | | (b) A person is entitled to an exemption from taxation by a |
---|
2656 | 2656 | | taxing unit of an energy storage system owned by the person if: |
---|
2657 | 2657 | | (1) the exemption is adopted by the governing body of |
---|
2658 | 2658 | | the taxing unit in the manner provided by law for official action by |
---|
2659 | 2659 | | the governing body; and |
---|
2660 | 2660 | | (2) the energy storage system: |
---|
2661 | 2661 | | (A) is used, constructed, acquired, or installed |
---|
2662 | 2662 | | wholly or partly to meet or exceed 40 C.F.R. Section 50.11 or any |
---|
2663 | 2663 | | other rules or regulations adopted by any environmental protection |
---|
2664 | 2664 | | agency of the United States, this state, or a political subdivision |
---|
2665 | 2665 | | of this state for the prevention, monitoring, control, or reduction |
---|
2666 | 2666 | | of air pollution; |
---|
2667 | 2667 | | (B) is located in: |
---|
2668 | 2668 | | (i) an area designated as a nonattainment |
---|
2669 | 2669 | | area within the meaning of Section 107(d) of the federal Clean Air |
---|
2670 | 2670 | | Act (42 U.S.C. Section 7407); and |
---|
2671 | 2671 | | (ii) a municipality with a population of at |
---|
2672 | 2672 | | least 150,000 [100,000] adjacent to a municipality with a |
---|
2673 | 2673 | | population of more than two million; |
---|
2674 | 2674 | | (C) has a capacity of at least 10 megawatts; and |
---|
2675 | 2675 | | (D) is installed on or after January 1, 2014. |
---|
2676 | 2676 | | SECTION 219. Section 31.03(d), Tax Code, is amended to read |
---|
2677 | 2677 | | as follows: |
---|
2678 | 2678 | | (d) This subsection applies only to a taxing unit located in |
---|
2679 | 2679 | | a county having a population of not less than 315,000 [285,000] and |
---|
2680 | 2680 | | not more than 351,000 [300,000] that borders a county having a |
---|
2681 | 2681 | | population of 3.3 million or more and the Gulf of Mexico. The |
---|
2682 | 2682 | | governing body of a taxing unit that has its taxes collected by |
---|
2683 | 2683 | | another taxing unit that has adopted the split-payment option under |
---|
2684 | 2684 | | Subsection (a) may provide, in the manner required by law for |
---|
2685 | 2685 | | official action by the body, that the split-payment option does not |
---|
2686 | 2686 | | apply to the taxing unit's taxes collected by the other taxing unit. |
---|
2687 | 2687 | | SECTION 220. Sections 31.11(a) and (i), Tax Code, are |
---|
2688 | 2688 | | amended to read as follows: |
---|
2689 | 2689 | | (a) If a taxpayer applies to the tax collector of a taxing |
---|
2690 | 2690 | | unit for a refund of an overpayment or erroneous payment of taxes, |
---|
2691 | 2691 | | the collector for the unit determines that the payment was |
---|
2692 | 2692 | | erroneous or excessive, and the auditor for the unit agrees with the |
---|
2693 | 2693 | | collector's determination, the collector shall refund the amount of |
---|
2694 | 2694 | | the excessive or erroneous payment from available current tax |
---|
2695 | 2695 | | collections or from funds appropriated by the unit for making |
---|
2696 | 2696 | | refunds. However, the collector may not make the refund unless: |
---|
2697 | 2697 | | (1) in the case of a collector who collects taxes for |
---|
2698 | 2698 | | one taxing unit, the governing body of the taxing unit also |
---|
2699 | 2699 | | determines that the payment was erroneous or excessive and approves |
---|
2700 | 2700 | | the refund if the amount of the refund exceeds: |
---|
2701 | 2701 | | (A) $5,000 for a refund to be paid by a county |
---|
2702 | 2702 | | with a population of 2.5 [two] million or more; or |
---|
2703 | 2703 | | (B) $500 for a refund to be paid by any other |
---|
2704 | 2704 | | taxing unit; or |
---|
2705 | 2705 | | (2) in the case of a collector who collects taxes for |
---|
2706 | 2706 | | more than one taxing unit, the governing body of the taxing unit |
---|
2707 | 2707 | | that employs the collector also determines that the payment was |
---|
2708 | 2708 | | erroneous or excessive and approves the refund if the amount of the |
---|
2709 | 2709 | | refund exceeds: |
---|
2710 | 2710 | | (A) $5,000 for a refund to be paid by a county |
---|
2711 | 2711 | | with a population of 2.5 [two] million or more; or |
---|
2712 | 2712 | | (B) $2,500 for a refund to be paid by any other |
---|
2713 | 2713 | | taxing unit. |
---|
2714 | 2714 | | (i) Notwithstanding the other provisions of this section, |
---|
2715 | 2715 | | in the case of an overpayment or erroneous payment of taxes |
---|
2716 | 2716 | | submitted by a taxpayer to a collector who collects taxes for one or |
---|
2717 | 2717 | | more taxing units one of which is a county with a population of 2.5 |
---|
2718 | 2718 | | [two] million or more: |
---|
2719 | 2719 | | (1) a taxpayer is not required to apply to the |
---|
2720 | 2720 | | collector for the refund to be entitled to receive the refund if the |
---|
2721 | 2721 | | amount of the refund is at least $5 but does not exceed $5,000; and |
---|
2722 | 2722 | | (2) the collector is not required to comply with |
---|
2723 | 2723 | | Subsection (g) unless the amount of the payment exceeds by more than |
---|
2724 | 2724 | | $5,000 the amount of taxes owed for a tax year to a taxing unit for |
---|
2725 | 2725 | | which the collector collects taxes. |
---|
2726 | 2726 | | SECTION 221. Section 156.2512(c)(1), Tax Code, is amended |
---|
2727 | 2727 | | to read as follows: |
---|
2728 | 2728 | | (1) "Eligible barrier island coastal municipality" |
---|
2729 | 2729 | | means a municipality: |
---|
2730 | 2730 | | (A) that borders on the Gulf of Mexico; |
---|
2731 | 2731 | | (B) that is located wholly or partly on a barrier |
---|
2732 | 2732 | | island; and |
---|
2733 | 2733 | | (C) that: |
---|
2734 | 2734 | | (i) includes an institution of higher |
---|
2735 | 2735 | | education that is part of the Texas Coastal Ocean Observation |
---|
2736 | 2736 | | Network under Section 33.065, Natural Resources Code; |
---|
2737 | 2737 | | (ii) includes a national estuarine research |
---|
2738 | 2738 | | reserve; |
---|
2739 | 2739 | | (iii) is located within 30 miles of the |
---|
2740 | 2740 | | United Mexican States; or |
---|
2741 | 2741 | | (iv) has a population of less than 10,000 |
---|
2742 | 2742 | | and is located in a county with a population of at least 370,000 |
---|
2743 | 2743 | | [300,000] that is adjacent to a county with a population of at least |
---|
2744 | 2744 | | 3,000,000. |
---|
2745 | 2745 | | SECTION 222. Section 311.0091(a), Tax Code, is amended to |
---|
2746 | 2746 | | read as follows: |
---|
2747 | 2747 | | (a) This section applies to a reinvestment zone designated |
---|
2748 | 2748 | | by a municipality which is wholly or partially located in a county |
---|
2749 | 2749 | | with a population of less than 2.1 [1.8] million in which the |
---|
2750 | 2750 | | principal municipality has a population of 1.1 million or more. |
---|
2751 | 2751 | | SECTION 223. Section 311.013(m), Tax Code, is amended to |
---|
2752 | 2752 | | read as follows: |
---|
2753 | 2753 | | (m) The governing body of a municipality that is located in |
---|
2754 | 2754 | | a county with a population of more than 2.1 [1.8] million but less |
---|
2755 | 2755 | | than 2.5 [1.9] million or in a county with a population of 3.3 |
---|
2756 | 2756 | | million or more by ordinance may reduce the portion of the tax |
---|
2757 | 2757 | | increment produced by the municipality that the municipality is |
---|
2758 | 2758 | | required to pay into the tax increment fund for the zone. The |
---|
2759 | 2759 | | municipality may not reduce under this subsection the portion of |
---|
2760 | 2760 | | the tax increment produced by the municipality that the |
---|
2761 | 2761 | | municipality is required to pay into the tax increment fund for the |
---|
2762 | 2762 | | zone unless the municipality provides each county that has entered |
---|
2763 | 2763 | | into an agreement with the municipality to pay all or a portion of |
---|
2764 | 2764 | | the county's tax increment into the fund an opportunity to enter |
---|
2765 | 2765 | | into an agreement with the municipality to reduce the portion of the |
---|
2766 | 2766 | | tax increment produced by the county that the county is required to |
---|
2767 | 2767 | | pay into the tax increment fund for the zone by the same proportion |
---|
2768 | 2768 | | that the portion of the municipality's tax increment that the |
---|
2769 | 2769 | | municipality is required to pay into the fund is reduced. The |
---|
2770 | 2770 | | portion of the tax increment produced by a municipality that the |
---|
2771 | 2771 | | municipality is required to pay into the tax increment fund for a |
---|
2772 | 2772 | | reinvestment zone, as reduced by the ordinance adopted under this |
---|
2773 | 2773 | | subsection, together with all other revenues required to be paid |
---|
2774 | 2774 | | into the fund, must be sufficient to complete and pay for the |
---|
2775 | 2775 | | estimated costs of projects listed in the reinvestment zone |
---|
2776 | 2776 | | financing plan and pay any tax increment bonds or notes issued for |
---|
2777 | 2777 | | the zone, and any other obligations of the zone. |
---|
2778 | 2778 | | SECTION 224. Section 311.017(a-1), Tax Code, as added by |
---|
2779 | 2779 | | Chapter 137 (S.B. 1105), Acts of the 81st Legislature, Regular |
---|
2780 | 2780 | | Session, 2009, is amended to read as follows: |
---|
2781 | 2781 | | (a-1) This subsection applies only to a reinvestment zone |
---|
2782 | 2782 | | created by a municipality that has a population of more than 256,000 |
---|
2783 | 2783 | | [220,000] but less than 280,000 [235,000] and is the county seat of |
---|
2784 | 2784 | | a county that has a population of 325,000 [280,000] or less. |
---|
2785 | 2785 | | Notwithstanding Subsection (a)(1), a municipality by ordinance |
---|
2786 | 2786 | | adopted subsequent to the ordinance adopted by the municipality |
---|
2787 | 2787 | | creating a reinvestment zone may designate a termination date for |
---|
2788 | 2788 | | the zone that is later than the termination date designated in the |
---|
2789 | 2789 | | ordinance creating the zone but not later than the 20th anniversary |
---|
2790 | 2790 | | of that date. If a municipality adopts an ordinance extending the |
---|
2791 | 2791 | | termination date for a reinvestment zone as authorized by this |
---|
2792 | 2792 | | subsection, the zone terminates on the earlier of: |
---|
2793 | 2793 | | (1) the termination date designated in the ordinance; |
---|
2794 | 2794 | | or |
---|
2795 | 2795 | | (2) the date provided by Subsection (a)(2). |
---|
2796 | 2796 | | SECTION 225. Section 325.021(a), Tax Code, is amended to |
---|
2797 | 2797 | | read as follows: |
---|
2798 | 2798 | | (a) A county having a population of 60,000 [55,000] or less |
---|
2799 | 2799 | | that borders the Rio Grande containing a municipality with a |
---|
2800 | 2800 | | population of more than 22,000 may adopt or abolish the sales and |
---|
2801 | 2801 | | use tax authorized by this chapter at an election held in the |
---|
2802 | 2802 | | county. |
---|
2803 | 2803 | | SECTION 226. Section 327.007(a), Tax Code, is amended to |
---|
2804 | 2804 | | read as follows: |
---|
2805 | 2805 | | (a) Unless imposition of the sales and use tax authorized by |
---|
2806 | 2806 | | this chapter is reauthorized as provided by this section, the tax |
---|
2807 | 2807 | | expires on: |
---|
2808 | 2808 | | (1) the fourth anniversary of the date the tax |
---|
2809 | 2809 | | originally took effect under Section 327.005; |
---|
2810 | 2810 | | (2) the first day of the first calendar quarter |
---|
2811 | 2811 | | occurring after the fourth anniversary of the date the tax was last |
---|
2812 | 2812 | | reauthorized under this section if, at that election, the voters |
---|
2813 | 2813 | | approved the imposition of the tax for a period that expires on that |
---|
2814 | 2814 | | anniversary; |
---|
2815 | 2815 | | (2-a) if the tax is imposed in a municipality that is |
---|
2816 | 2816 | | intersected by two interstate highways, that has a population of |
---|
2817 | 2817 | | 150,000 or more, and in which at least 66 percent of the voters |
---|
2818 | 2818 | | voting in each of the last two consecutive elections concerning the |
---|
2819 | 2819 | | adoption or reauthorization of the tax favored adoption or |
---|
2820 | 2820 | | reauthorization, and that tax has not expired as provided by |
---|
2821 | 2821 | | Subdivision (1) or (2) since the first of those two consecutive |
---|
2822 | 2822 | | elections, the last day of the first calendar quarter occurring |
---|
2823 | 2823 | | after the eighth anniversary of the date the tax was last |
---|
2824 | 2824 | | reauthorized under this section if, at that election, the voters |
---|
2825 | 2825 | | approved the imposition of the tax for a period that expires on that |
---|
2826 | 2826 | | anniversary instead of the period described by Subdivision (2); or |
---|
2827 | 2827 | | (3) if the tax is imposed in a [general-law] |
---|
2828 | 2828 | | municipality with a population of more than 11,450 and less than |
---|
2829 | 2829 | | 11,550 [10,000 or more surrounded entirely by a municipality with a |
---|
2830 | 2830 | | population of 1.3 million or more], the last day of the first |
---|
2831 | 2831 | | calendar quarter occurring after the 10th anniversary of the date |
---|
2832 | 2832 | | the tax was last reauthorized under this section if, at that |
---|
2833 | 2833 | | election, the voters approved the imposition of the tax for a period |
---|
2834 | 2834 | | that expires on that anniversary instead of the period described by |
---|
2835 | 2835 | | Subdivision (2). |
---|
2836 | 2836 | | SECTION 227. Section 351.001(7), Tax Code, is amended to |
---|
2837 | 2837 | | read as follows: |
---|
2838 | 2838 | | (7) "Eligible central municipality" means: |
---|
2839 | 2839 | | (A) a municipality with a population of more than |
---|
2840 | 2840 | | 140,000 but less than 1.5 million that is located in a county with a |
---|
2841 | 2841 | | population of one million or more and that has adopted a capital |
---|
2842 | 2842 | | improvement plan for the construction or expansion of a convention |
---|
2843 | 2843 | | center facility; |
---|
2844 | 2844 | | (B) a municipality with a population of 250,000 |
---|
2845 | 2845 | | or more that: |
---|
2846 | 2846 | | (i) is located wholly or partly on a barrier |
---|
2847 | 2847 | | island that borders the Gulf of Mexico; |
---|
2848 | 2848 | | (ii) is located in a county with a |
---|
2849 | 2849 | | population of 300,000 or more; and |
---|
2850 | 2850 | | (iii) has adopted a capital improvement |
---|
2851 | 2851 | | plan to expand an existing convention center facility; |
---|
2852 | 2852 | | (C) a municipality with a population of 200,000 |
---|
2853 | 2853 | | [116,000] or more that: |
---|
2854 | 2854 | | (i) is located in two counties both of which |
---|
2855 | 2855 | | have a population of 900,000 [660,000] or more; and |
---|
2856 | 2856 | | (ii) has adopted a capital improvement plan |
---|
2857 | 2857 | | for the construction or expansion of a convention center facility; |
---|
2858 | 2858 | | (D) a municipality with a population of less than |
---|
2859 | 2859 | | 50,000 that contains a general academic teaching institution that |
---|
2860 | 2860 | | is not a component institution of a university system, as those |
---|
2861 | 2861 | | terms are defined by Section 61.003, Education Code; or |
---|
2862 | 2862 | | (E) a municipality with a population of 640,000 |
---|
2863 | 2863 | | or more that: |
---|
2864 | 2864 | | (i) is located on an international border; |
---|
2865 | 2865 | | and |
---|
2866 | 2866 | | (ii) has adopted a capital improvement plan |
---|
2867 | 2867 | | for the construction or expansion of a convention center facility. |
---|
2868 | 2868 | | SECTION 228. Sections 351.101(a), (i), (j), (o), and (p), |
---|
2869 | 2869 | | Tax Code, are amended to read as follows: |
---|
2870 | 2870 | | (a) Revenue from the municipal hotel occupancy tax may be |
---|
2871 | 2871 | | used only to promote tourism and the convention and hotel industry, |
---|
2872 | 2872 | | and that use is limited to the following: |
---|
2873 | 2873 | | (1) the acquisition of sites for and the construction, |
---|
2874 | 2874 | | improvement, enlarging, equipping, repairing, operation, and |
---|
2875 | 2875 | | maintenance of convention center facilities or visitor information |
---|
2876 | 2876 | | centers, or both; |
---|
2877 | 2877 | | (2) the furnishing of facilities, personnel, and |
---|
2878 | 2878 | | materials for the registration of convention delegates or |
---|
2879 | 2879 | | registrants; |
---|
2880 | 2880 | | (3) advertising and conducting solicitations and |
---|
2881 | 2881 | | promotional programs to attract tourists and convention delegates |
---|
2882 | 2882 | | or registrants to the municipality or its vicinity; |
---|
2883 | 2883 | | (4) the encouragement, promotion, improvement, and |
---|
2884 | 2884 | | application of the arts, including instrumental and vocal music, |
---|
2885 | 2885 | | dance, drama, folk art, creative writing, architecture, design and |
---|
2886 | 2886 | | allied fields, painting, sculpture, photography, graphic and craft |
---|
2887 | 2887 | | arts, motion pictures, radio, television, tape and sound recording, |
---|
2888 | 2888 | | and other arts related to the presentation, performance, execution, |
---|
2889 | 2889 | | and exhibition of these major art forms; |
---|
2890 | 2890 | | (5) historical restoration and preservation projects |
---|
2891 | 2891 | | or activities or advertising and conducting solicitations and |
---|
2892 | 2892 | | promotional programs to encourage tourists and convention |
---|
2893 | 2893 | | delegates to visit preserved historic sites or museums: |
---|
2894 | 2894 | | (A) at or in the immediate vicinity of convention |
---|
2895 | 2895 | | center facilities or visitor information centers; or |
---|
2896 | 2896 | | (B) located elsewhere in the municipality or its |
---|
2897 | 2897 | | vicinity that would be frequented by tourists and convention |
---|
2898 | 2898 | | delegates; |
---|
2899 | 2899 | | (6) expenses, including promotion expenses, directly |
---|
2900 | 2900 | | related to a sporting event in which the majority of participants |
---|
2901 | 2901 | | are tourists who substantially increase economic activity at hotels |
---|
2902 | 2902 | | and motels within the municipality or its vicinity if: |
---|
2903 | 2903 | | (A) the municipality is located in a county with |
---|
2904 | 2904 | | a population of one million or less; |
---|
2905 | 2905 | | (B) the municipality has a population of more |
---|
2906 | 2906 | | than 67,000 and is located in two counties with 90 percent of the |
---|
2907 | 2907 | | municipality's territory located in a county with a population of |
---|
2908 | 2908 | | at least 800,000 [580,000], and the remaining territory located in |
---|
2909 | 2909 | | a county with a population of at least four million; or |
---|
2910 | 2910 | | (C) the municipality has a population of at least |
---|
2911 | 2911 | | 200,000 and shares a border with: |
---|
2912 | 2912 | | (i) a municipality with a population of at |
---|
2913 | 2913 | | least 62,000 that: |
---|
2914 | 2914 | | (a) borders Lake Ray Hubbard; and |
---|
2915 | 2915 | | (b) is located in two counties, one of |
---|
2916 | 2916 | | which has a population of less than 110,000 [described by Section |
---|
2917 | 2917 | | 351.102(e)(7)]; and |
---|
2918 | 2918 | | (ii) Lake Ray Hubbard; |
---|
2919 | 2919 | | (7) subject to Section 351.1076, the promotion of |
---|
2920 | 2920 | | tourism by the enhancement and upgrading of existing sports |
---|
2921 | 2921 | | facilities or fields if: |
---|
2922 | 2922 | | (A) the municipality owns the facilities or |
---|
2923 | 2923 | | fields; |
---|
2924 | 2924 | | (B) the municipality: |
---|
2925 | 2925 | | (i) has a population of 80,000 or more and |
---|
2926 | 2926 | | is located in a county that has a population of 610,000 [350,000] or |
---|
2927 | 2927 | | less; |
---|
2928 | 2928 | | (ii) has a population of at least 80,000 |
---|
2929 | 2929 | | [75,000] but not more than 125,000 [95,000] and is located in a |
---|
2930 | 2930 | | county that has a population of less than 240,000 [200,000] but more |
---|
2931 | 2931 | | than 233,500 [160,000]; |
---|
2932 | 2932 | | (iii) has: |
---|
2933 | 2933 | | (a) a population of at least 10,000 |
---|
2934 | 2934 | | [36,000 but not more than 39,000] and is located in a county that |
---|
2935 | 2935 | | has a population of more than 70,000 and borders Lake Livingston; or |
---|
2936 | 2936 | | (b) [has] a population of 36,000 |
---|
2937 | 2937 | | [100,000] or more and [less that] is located in a county with a |
---|
2938 | 2938 | | population of less than 95,000 that borders Oklahoma [not adjacent |
---|
2939 | 2939 | | to a county with a population of more than two million]; |
---|
2940 | 2940 | | (iv) has a population of at least 13,000 but |
---|
2941 | 2941 | | less than 48,000 [39,000] and is located in a county that has a |
---|
2942 | 2942 | | population of at least 200,000; |
---|
2943 | 2943 | | (v) has a population of at least 70,000 but |
---|
2944 | 2944 | | less than 90,000 and no part of which is located in a county with a |
---|
2945 | 2945 | | population greater than 150,000; |
---|
2946 | 2946 | | (vi) is located in a county that: |
---|
2947 | 2947 | | (a) is adjacent to the Texas-Mexico |
---|
2948 | 2948 | | border; |
---|
2949 | 2949 | | (b) has a population of at least |
---|
2950 | 2950 | | 500,000; and |
---|
2951 | 2951 | | (c) does not have a municipality with |
---|
2952 | 2952 | | a population greater than 500,000; |
---|
2953 | 2953 | | (vii) [has a population of at least 25,000 |
---|
2954 | 2954 | | but not more than 26,000 and] is located in a county that has a |
---|
2955 | 2955 | | population of 100,000 [90,000] or less and the municipality has a |
---|
2956 | 2956 | | population of: |
---|
2957 | 2957 | | (a) more than 24,400 and less than |
---|
2958 | 2958 | | 25,000; or |
---|
2959 | 2959 | | (b) more than 28,150 and less than |
---|
2960 | 2960 | | 31,000; |
---|
2961 | 2961 | | (viii) is located in a county that has a |
---|
2962 | 2962 | | population of not more than 300,000 and in which a component |
---|
2963 | 2963 | | university of the University of Houston System is located; |
---|
2964 | 2964 | | (ix) has a population of at least 40,000 and |
---|
2965 | 2965 | | the San Marcos River flows through the municipality; |
---|
2966 | 2966 | | (x) has a population of more than 67,000 and |
---|
2967 | 2967 | | is located in two counties with 90 percent of the municipality's |
---|
2968 | 2968 | | territory located in a county with a population of at least 800,000 |
---|
2969 | 2969 | | [580,000], and the remaining territory located in a county with a |
---|
2970 | 2970 | | population of at least four million; |
---|
2971 | 2971 | | (xi) contains an intersection of |
---|
2972 | 2972 | | Interstates 35E and 35W and at least two public universities; or |
---|
2973 | 2973 | | (xii) is described by Subdivision (6)(C); |
---|
2974 | 2974 | | and |
---|
2975 | 2975 | | (C) the sports facilities and fields have been |
---|
2976 | 2976 | | used, in the preceding calendar year, a combined total of more than |
---|
2977 | 2977 | | 10 times for district, state, regional, or national sports |
---|
2978 | 2978 | | tournaments; |
---|
2979 | 2979 | | (8) for a municipality with a population of at least |
---|
2980 | 2980 | | 70,000 but less than 90,000, no part of which is located in a county |
---|
2981 | 2981 | | with a population greater than 150,000, the construction, |
---|
2982 | 2982 | | improvement, enlarging, equipping, repairing, operation, and |
---|
2983 | 2983 | | maintenance of a coliseum or multiuse facility; |
---|
2984 | 2984 | | (9) signage directing the public to sights and |
---|
2985 | 2985 | | attractions that are visited frequently by hotel guests in the |
---|
2986 | 2986 | | municipality; |
---|
2987 | 2987 | | (10) the construction, improvement, enlarging, |
---|
2988 | 2988 | | equipping, repairing, operation, and maintenance of a coliseum or |
---|
2989 | 2989 | | multiuse facility, if the municipality: |
---|
2990 | 2990 | | (A) has a population of at least 90,000 but less |
---|
2991 | 2991 | | than 120,000; and |
---|
2992 | 2992 | | (B) is located in two counties, at least one of |
---|
2993 | 2993 | | which contains the headwaters of the San Gabriel River; and |
---|
2994 | 2994 | | (11) for a municipality with a population of more than |
---|
2995 | 2995 | | 175,000 but less than 225,000 that is located in two counties, each |
---|
2996 | 2996 | | of which has a population of less than 200,000, the construction, |
---|
2997 | 2997 | | improvement, enlarging, equipping, repairing, operation, and |
---|
2998 | 2998 | | maintenance of a coliseum or multiuse facility and related |
---|
2999 | 2999 | | infrastructure or a venue, as defined by Section 334.001(4), Local |
---|
3000 | 3000 | | Government Code, that is related to the promotion of tourism. |
---|
3001 | 3001 | | (i) In addition to the purposes provided by Subsection (a), |
---|
3002 | 3002 | | a municipality that has a population of at least 80,000 [75,000] but |
---|
3003 | 3003 | | not more than 125,000 [95,000] and that is located in a county that |
---|
3004 | 3004 | | has a population of more than 233,500 [160,000] but less than |
---|
3005 | 3005 | | 240,000 [200,000] may use revenue from the municipal hotel tax to |
---|
3006 | 3006 | | promote tourism and the convention and hotel industry by |
---|
3007 | 3007 | | constructing, operating, or expanding a sporting related facility |
---|
3008 | 3008 | | or sports field owned by the municipality, if the majority of the |
---|
3009 | 3009 | | events at the facility or field are directly related to a sporting |
---|
3010 | 3010 | | event in which the majority of participants are tourists who |
---|
3011 | 3011 | | substantially increase economic activity at hotels in the |
---|
3012 | 3012 | | municipality. |
---|
3013 | 3013 | | (j) In addition to the purposes provided by Subsection (a), |
---|
3014 | 3014 | | a municipality that has a population of not more than 5,500 [5,000] |
---|
3015 | 3015 | | and at least part of which is located less than one-eighth of one |
---|
3016 | 3016 | | mile from a space center operated by an agency of the federal |
---|
3017 | 3017 | | government may use revenue from the municipal hotel occupancy tax |
---|
3018 | 3018 | | for expenses, including promotion expenses, directly related to a |
---|
3019 | 3019 | | sporting event in which the majority of participants are tourists |
---|
3020 | 3020 | | who substantially increase economic activity at hotels and motels |
---|
3021 | 3021 | | within the municipality or its vicinity. |
---|
3022 | 3022 | | (o) In addition to the purposes provided by Subsection (a), |
---|
3023 | 3023 | | a municipality that has a population of not more than 15,200 |
---|
3024 | 3024 | | [10,000], that contains an outdoor gear and sporting goods retailer |
---|
3025 | 3025 | | with retail space larger than 175,000 square feet, and that hosts an |
---|
3026 | 3026 | | annual wiener dog race may use revenue from the municipal hotel |
---|
3027 | 3027 | | occupancy tax to promote tourism and the convention and hotel |
---|
3028 | 3028 | | industry by constructing, operating, or expanding a sporting |
---|
3029 | 3029 | | related facility or sports field owned by the municipality, if the |
---|
3030 | 3030 | | majority of the events at the facility or field are directly related |
---|
3031 | 3031 | | to a sporting event in which the majority of participants are |
---|
3032 | 3032 | | tourists who substantially increase economic activity at hotels in |
---|
3033 | 3033 | | the municipality. If a municipality to which this subsection |
---|
3034 | 3034 | | applies uses revenue derived from the municipal hotel occupancy tax |
---|
3035 | 3035 | | for a purpose described by this subsection, the municipality may |
---|
3036 | 3036 | | not reduce the percentage of revenue from that tax allocated for a |
---|
3037 | 3037 | | purpose described by Subsection (a)(3) to a percentage that is less |
---|
3038 | 3038 | | than the average percentage of that revenue allocated by the |
---|
3039 | 3039 | | municipality for that purpose during the 36-month period preceding |
---|
3040 | 3040 | | the date the municipality begins using the revenue for a purpose |
---|
3041 | 3041 | | described by this subsection. |
---|
3042 | 3042 | | (p) In addition to the purposes provided by Subsection (a), |
---|
3043 | 3043 | | a municipality with a population of more than 70,000 [48,000] but |
---|
3044 | 3044 | | less than 115,000 [95,000] that is located in two counties, one of |
---|
3045 | 3045 | | which has a population of at least 1.1 million [900,000] but less |
---|
3046 | 3046 | | than 1.9 [1.7] million, may use revenue from the municipal hotel |
---|
3047 | 3047 | | occupancy tax to promote tourism and the convention and hotel |
---|
3048 | 3048 | | industry by constructing, improving, equipping, repairing, |
---|
3049 | 3049 | | maintaining, operating, or expanding a coliseum or multiuse |
---|
3050 | 3050 | | facility if the majority of the events at the coliseum or facility |
---|
3051 | 3051 | | attract tourists who substantially increase economic activity at |
---|
3052 | 3052 | | hotels in the municipality. |
---|
3053 | 3053 | | SECTION 229. Section 351.1015(b), Tax Code, is amended to |
---|
3054 | 3054 | | read as follows: |
---|
3055 | 3055 | | (b) This section applies only to a qualified project located |
---|
3056 | 3056 | | in a municipality with a population of at least 700,000 [650,000] |
---|
3057 | 3057 | | but less than 950,000 [750,000] according to the most recent |
---|
3058 | 3058 | | federal decennial census. |
---|
3059 | 3059 | | SECTION 230. Section 351.102(e), Tax Code, is amended to |
---|
3060 | 3060 | | read as follows: |
---|
3061 | 3061 | | (e) Subsection (b) applies only to: |
---|
3062 | 3062 | | (1) a municipality with a population of two million or |
---|
3063 | 3063 | | more; |
---|
3064 | 3064 | | (2) a municipality with a population of 700,000 or |
---|
3065 | 3065 | | more but less than 1.4 [1.3] million; |
---|
3066 | 3066 | | (3) a municipality with a population of 350,000 or |
---|
3067 | 3067 | | more but less than 450,000 in which at least two professional sports |
---|
3068 | 3068 | | stadiums are located, each of which: |
---|
3069 | 3069 | | (A) has a seating capacity of at least 40,000 |
---|
3070 | 3070 | | people; and |
---|
3071 | 3071 | | (B) was approved by the voters of the |
---|
3072 | 3072 | | municipality as a sports and community venue project under Chapter |
---|
3073 | 3073 | | 334, Local Government Code; and |
---|
3074 | 3074 | | (4) a municipality with a population of less than |
---|
3075 | 3075 | | 2,000 that: |
---|
3076 | 3076 | | (A) is located adjacent to a bay connected to the |
---|
3077 | 3077 | | Gulf of Mexico; |
---|
3078 | 3078 | | (B) is located in a county with a population of |
---|
3079 | 3079 | | 290,000 or more that is adjacent to a county with a population of |
---|
3080 | 3080 | | four million or more; and |
---|
3081 | 3081 | | (C) has a boardwalk on the bay. |
---|
3082 | 3082 | | SECTION 231. Section 351.104(a), Tax Code, is amended to |
---|
3083 | 3083 | | read as follows: |
---|
3084 | 3084 | | (a) This section applies only to a home-rule municipality |
---|
3085 | 3085 | | that borders a bay, that has a population of less than 85,000 |
---|
3086 | 3086 | | [80,000], and that is not an eligible coastal municipality. |
---|
3087 | 3087 | | SECTION 232. Section 351.1066(a), Tax Code, is amended to |
---|
3088 | 3088 | | read as follows: |
---|
3089 | 3089 | | (a) This section applies only to: |
---|
3090 | 3090 | | (1) a municipality with a population of at least 3,500 |
---|
3091 | 3091 | | but less than 5,500 that is the county seat of a county with a |
---|
3092 | 3092 | | population of less than 50,000 that borders a county with a |
---|
3093 | 3093 | | population of more than 1.6 million; |
---|
3094 | 3094 | | (2) a municipality with a population of at least 2,800 |
---|
3095 | 3095 | | [2,900] but less than 3,500 that is the county seat of a county with |
---|
3096 | 3096 | | a population of less than 22,000 that is bordered by the Trinity |
---|
3097 | 3097 | | River and includes a state park and a portion of a wildlife |
---|
3098 | 3098 | | management area; |
---|
3099 | 3099 | | (3) a municipality with a population of at least 8,000 |
---|
3100 | 3100 | | [7,500] that is located in a county that borders the Pecos River and |
---|
3101 | 3101 | | that has a population of not more than 15,000; |
---|
3102 | 3102 | | (4) a municipality with a population of not more than |
---|
3103 | 3103 | | 15,000 that is located in a county through which the Frio River |
---|
3104 | 3104 | | flows and an interstate highway crosses, and that has a population |
---|
3105 | 3105 | | of at least 15,000; |
---|
3106 | 3106 | | (5) a municipality with a population of not less than |
---|
3107 | 3107 | | 7,500 that is located in a county with a population of not less than |
---|
3108 | 3108 | | 40,000 but less than 250,000 that is adjacent to a county with a |
---|
3109 | 3109 | | population of less than 750; |
---|
3110 | 3110 | | (6) a municipality that is the county seat of a county |
---|
3111 | 3111 | | with a population of at least 8,500 and that county contains part of |
---|
3112 | 3112 | | the Chaparral Wildlife Management Area; and |
---|
3113 | 3113 | | (7) a municipality that has a population of not more |
---|
3114 | 3114 | | than 25,000, that contains a cultural heritage museum, and that is |
---|
3115 | 3115 | | located in a county that borders the United Mexican States and the |
---|
3116 | 3116 | | Gulf of Mexico. |
---|
3117 | 3117 | | SECTION 233. Section 351.10692(a), Tax Code, is amended to |
---|
3118 | 3118 | | read as follows: |
---|
3119 | 3119 | | (a) This section applies only to a municipality with a |
---|
3120 | 3120 | | population of less than 5,000 [2,000] located in a county that: |
---|
3121 | 3121 | | (1) is adjacent to the county in which the State |
---|
3122 | 3122 | | Capitol is located; and |
---|
3123 | 3123 | | (2) has a population of: |
---|
3124 | 3124 | | (A) not more than 25,000; or |
---|
3125 | 3125 | | (B) at least 200,000 [100,000] but not more than |
---|
3126 | 3126 | | 300,000 [200,000]. |
---|
3127 | 3127 | | SECTION 234. Section 351.1071(a), Tax Code, is amended to |
---|
3128 | 3128 | | read as follows: |
---|
3129 | 3129 | | (a) This section applies only to a municipality: |
---|
3130 | 3130 | | (1) that has a population of not more than 5,500 |
---|
3131 | 3131 | | [5,000]; and |
---|
3132 | 3132 | | (2) at least part of which is located less than |
---|
3133 | 3133 | | one-eighth of one mile from a space center operated by an agency of |
---|
3134 | 3134 | | the federal government. |
---|
3135 | 3135 | | SECTION 235. Section 351.10712(a), Tax Code, is amended to |
---|
3136 | 3136 | | read as follows: |
---|
3137 | 3137 | | (a) This section applies only to: |
---|
3138 | 3138 | | (1) a municipality with a population of at least |
---|
3139 | 3139 | | 95,000 that is located in a county that is bisected by United States |
---|
3140 | 3140 | | Highway 385 and has a population of not more than 170,000 [140,000]; |
---|
3141 | 3141 | | and |
---|
3142 | 3142 | | (2) a municipality located in a county that has a |
---|
3143 | 3143 | | population of not more than 300,000 and in which a component |
---|
3144 | 3144 | | university of the University of Houston System is located. |
---|
3145 | 3145 | | SECTION 236. Section 351.152, Tax Code, is amended to read |
---|
3146 | 3146 | | as follows: |
---|
3147 | 3147 | | Sec. 351.152. APPLICABILITY. This subchapter applies only |
---|
3148 | 3148 | | to: |
---|
3149 | 3149 | | (1) a municipality described by Section |
---|
3150 | 3150 | | 351.001(7)(B); |
---|
3151 | 3151 | | (2) a municipality described by Section |
---|
3152 | 3152 | | 351.001(7)(D); |
---|
3153 | 3153 | | (3) a municipality described by Section |
---|
3154 | 3154 | | 351.001(7)(E); |
---|
3155 | 3155 | | (4) a municipality described by Section |
---|
3156 | 3156 | | 351.102(e)(3); |
---|
3157 | 3157 | | (5) a municipality that contains more than 70 [75] |
---|
3158 | 3158 | | percent of the population of a county with a population of 1.5 |
---|
3159 | 3159 | | million or more; |
---|
3160 | 3160 | | (6) a municipality with a population of 175,000 |
---|
3161 | 3161 | | [150,000] or more but less than 200,000 that is partially located in |
---|
3162 | 3162 | | at least one county with a population of 125,000 or more; |
---|
3163 | 3163 | | (7) a municipality with a population of 250,000 |
---|
3164 | 3164 | | [150,000] or more but less than one million that is located in one |
---|
3165 | 3165 | | county with a population of 2.5 [2.3] million or more; |
---|
3166 | 3166 | | (8) a municipality with a population of 180,000 or |
---|
3167 | 3167 | | more that: |
---|
3168 | 3168 | | (A) is located in two counties, each with a |
---|
3169 | 3169 | | population of 100,000 or more; and |
---|
3170 | 3170 | | (B) contains an American Quarter Horse Hall of |
---|
3171 | 3171 | | Fame and Museum; |
---|
3172 | 3172 | | (9) a municipality with a population of 96,000 or more |
---|
3173 | 3173 | | that is located in a county that borders Lake Palestine; |
---|
3174 | 3174 | | (10) a municipality with a population of 96,000 or |
---|
3175 | 3175 | | more that is located in a county that contains the headwaters of the |
---|
3176 | 3176 | | San Gabriel River; |
---|
3177 | 3177 | | (11) a municipality with a population of at least |
---|
3178 | 3178 | | 95,000 [99,900 or more but less than 111,000] that is located in a |
---|
3179 | 3179 | | county that is bisected by United States Highway 385 and has [with] |
---|
3180 | 3180 | | a population of not more than 170,000 [135,000 or more]; |
---|
3181 | 3181 | | (12) a municipality with a population of 110,000 or |
---|
3182 | 3182 | | more but less than 135,000 at least part of which is located in a |
---|
3183 | 3183 | | county with a population of less than 135,000; |
---|
3184 | 3184 | | (13) a municipality with a population of 28,000 |
---|
3185 | 3185 | | [9,000] or more but less than 31,000 [10,000] that is located in two |
---|
3186 | 3186 | | counties, each of which has a population of 900,000 [662,000] or |
---|
3187 | 3187 | | more and a southern border with a county with a population of 2.5 |
---|
3188 | 3188 | | [2.3] million or more; |
---|
3189 | 3189 | | (14) a municipality with a population of 200,000 or |
---|
3190 | 3190 | | more but less than 300,000 that contains a component institution of |
---|
3191 | 3191 | | the Texas Tech University System; |
---|
3192 | 3192 | | (15) a municipality with a population of 95,000 or |
---|
3193 | 3193 | | more that: |
---|
3194 | 3194 | | (A) is located in more than one county; and |
---|
3195 | 3195 | | (B) borders Lake Lewisville; |
---|
3196 | 3196 | | (16) a municipality with a population of 45,000 or |
---|
3197 | 3197 | | more that: |
---|
3198 | 3198 | | (A) contains a portion of Cedar Hill State Park; |
---|
3199 | 3199 | | (B) is located in two counties, one of which has a |
---|
3200 | 3200 | | population of 2.5 [two] million or more and one of which has a |
---|
3201 | 3201 | | population of 190,000 [149,000] or more; and |
---|
3202 | 3202 | | (C) has adopted a capital improvement plan for |
---|
3203 | 3203 | | the construction or expansion of a convention center facility; |
---|
3204 | 3204 | | (17) a municipality with a population of less than |
---|
3205 | 3205 | | 10,000 [6,000] that: |
---|
3206 | 3206 | | (A) is almost wholly located in a county with a |
---|
3207 | 3207 | | population of 900,000 [600,000] or more that is adjacent to a county |
---|
3208 | 3208 | | with a population of 2.5 [two] million or more; |
---|
3209 | 3209 | | (B) is partially located in a county with a |
---|
3210 | 3210 | | population of 2.1 [1.8] million or more that is adjacent to a county |
---|
3211 | 3211 | | with a population of 2.5 [two] million or more; |
---|
3212 | 3212 | | (C) has a visitor center and museum located in a |
---|
3213 | 3213 | | 19th-century rock building in the municipality's downtown; and |
---|
3214 | 3214 | | (D) has a waterpark open to the public; |
---|
3215 | 3215 | | (18) a municipality with a population of 60,000 |
---|
3216 | 3216 | | [56,000] or more that: |
---|
3217 | 3217 | | (A) borders Lake Ray Hubbard; and |
---|
3218 | 3218 | | (B) is located in two counties, one of which has a |
---|
3219 | 3219 | | population of less than 110,000 [80,000]; |
---|
3220 | 3220 | | (19) a municipality with a population of 110,000 |
---|
3221 | 3221 | | [83,000] or more that: |
---|
3222 | 3222 | | (A) borders Clear Lake; and |
---|
3223 | 3223 | | (B) is primarily located in a county with a |
---|
3224 | 3224 | | population of less than 355,000 [300,000]; |
---|
3225 | 3225 | | (20) a municipality with a population of less than |
---|
3226 | 3226 | | 2,000 that: |
---|
3227 | 3227 | | (A) is located adjacent to a bay connected to the |
---|
3228 | 3228 | | Gulf of Mexico; |
---|
3229 | 3229 | | (B) is located in a county with a population of |
---|
3230 | 3230 | | 290,000 or more that is adjacent to a county with a population of |
---|
3231 | 3231 | | four million or more; and |
---|
3232 | 3232 | | (C) has a boardwalk on the bay; |
---|
3233 | 3233 | | (21) a municipality with a population of 75,000 or |
---|
3234 | 3234 | | more that: |
---|
3235 | 3235 | | (A) is located wholly in one county with a |
---|
3236 | 3236 | | population of 800,000 [575,000] or more that is adjacent to a county |
---|
3237 | 3237 | | with a population of four million or more; and |
---|
3238 | 3238 | | (B) has adopted a capital improvement plan for |
---|
3239 | 3239 | | the construction or expansion of a convention center facility; |
---|
3240 | 3240 | | (22) a municipality with a population of less than |
---|
3241 | 3241 | | 70,000 [75,000] that is located in three counties, at least one of |
---|
3242 | 3242 | | which has a population of four million or more; |
---|
3243 | 3243 | | (23) an eligible coastal municipality with a |
---|
3244 | 3244 | | population of 2,900 [3,000] or more but less than 5,000; |
---|
3245 | 3245 | | (24) a municipality with a population of 90,000 or |
---|
3246 | 3246 | | more but less than 150,000 that: |
---|
3247 | 3247 | | (A) is located in three counties; and |
---|
3248 | 3248 | | (B) contains a branch campus of a component |
---|
3249 | 3249 | | institution of the University of Houston System; |
---|
3250 | 3250 | | (25) a municipality that is: |
---|
3251 | 3251 | | (A) primarily located in a county with a |
---|
3252 | 3252 | | population of four million or more; and |
---|
3253 | 3253 | | (B) connected by a bridge to a municipality |
---|
3254 | 3254 | | described by Subdivision (20); |
---|
3255 | 3255 | | (26) a municipality with a population of 25,000 |
---|
3256 | 3256 | | [20,000] or more but less than 30,000 [25,000] that: |
---|
3257 | 3257 | | (A) contains a portion of Mustang Bayou; and |
---|
3258 | 3258 | | (B) is wholly located in a county with a |
---|
3259 | 3259 | | population of less than 500,000; |
---|
3260 | 3260 | | (27) a municipality with a population of 70,000 or |
---|
3261 | 3261 | | more but less than 90,000 that is located in two counties, one of |
---|
3262 | 3262 | | which has a population of four million or more and the other of |
---|
3263 | 3263 | | which has a population of less than 50,000; |
---|
3264 | 3264 | | (28) a municipality with a population of 10,000 or |
---|
3265 | 3265 | | more that: |
---|
3266 | 3266 | | (A) is wholly located in a county with a |
---|
3267 | 3267 | | population of four million or more; and |
---|
3268 | 3268 | | (B) has a city hall located less than three miles |
---|
3269 | 3269 | | from a space center operated by an agency of the federal government; |
---|
3270 | 3270 | | (29) a municipality that is the county seat of a |
---|
3271 | 3271 | | county: |
---|
3272 | 3272 | | (A) through which the Pedernales River flows; and |
---|
3273 | 3273 | | (B) in which the birthplace of a president of the |
---|
3274 | 3274 | | United States is located; |
---|
3275 | 3275 | | (30) a municipality that contains a portion of U.S. |
---|
3276 | 3276 | | Highway 79 and State Highway 130; |
---|
3277 | 3277 | | (31) a municipality with a population of 70,000 |
---|
3278 | 3278 | | [48,000] or more but less than 115,000 [95,000] that is located in |
---|
3279 | 3279 | | two counties, one of which has a population of 1.1 million [900,000] |
---|
3280 | 3280 | | or more but less than 1.9 [1.7] million; |
---|
3281 | 3281 | | (32) a municipality with a population of less than |
---|
3282 | 3282 | | 25,000 that contains a museum of Western American art; |
---|
3283 | 3283 | | (33) a municipality with a population of 50,000 or |
---|
3284 | 3284 | | more that is the county seat of a county that contains a portion of |
---|
3285 | 3285 | | the Sam Houston National Forest; |
---|
3286 | 3286 | | (34) a municipality with a population of less than |
---|
3287 | 3287 | | 25,000 that: |
---|
3288 | 3288 | | (A) contains a cultural heritage museum; and |
---|
3289 | 3289 | | (B) is located in a county that borders the |
---|
3290 | 3290 | | United Mexican States and the Gulf of Mexico; |
---|
3291 | 3291 | | (35) a municipality that is the county seat of a county |
---|
3292 | 3292 | | that: |
---|
3293 | 3293 | | (A) has a population of 115,000 or more; |
---|
3294 | 3294 | | (B) is adjacent to a county with a population of |
---|
3295 | 3295 | | 2.1 [1.8] million or more; and |
---|
3296 | 3296 | | (C) hosts an annual peach festival; |
---|
3297 | 3297 | | (36) a municipality that is the county seat of a county |
---|
3298 | 3298 | | that: |
---|
3299 | 3299 | | (A) has a population of 800,000 [585,000] or |
---|
3300 | 3300 | | more; and |
---|
3301 | 3301 | | (B) is adjacent to a county with a population of |
---|
3302 | 3302 | | four million or more; |
---|
3303 | 3303 | | (37) a municipality with a population of less than |
---|
3304 | 3304 | | 10,000 that: |
---|
3305 | 3305 | | (A) contains a component university of The Texas |
---|
3306 | 3306 | | A&M University System; and |
---|
3307 | 3307 | | (B) is located in a county adjacent to a county |
---|
3308 | 3308 | | that borders Oklahoma; |
---|
3309 | 3309 | | (38) a municipality with a population of less than |
---|
3310 | 3310 | | 17,000 [6,100] that: |
---|
3311 | 3311 | | (A) is located in two counties, each of which has |
---|
3312 | 3312 | | a population of 900,000 [600,000] or more but less than two million; |
---|
3313 | 3313 | | and |
---|
3314 | 3314 | | (B) hosts an annual Cajun Festival; |
---|
3315 | 3315 | | (39) a municipality with a population of 13,000 or |
---|
3316 | 3316 | | more that: |
---|
3317 | 3317 | | (A) is located on an international border; and |
---|
3318 | 3318 | | (B) is located in a county: |
---|
3319 | 3319 | | (i) with a population of less than 400,000; |
---|
3320 | 3320 | | and |
---|
3321 | 3321 | | (ii) in which at least one World Birding |
---|
3322 | 3322 | | Center site is located; |
---|
3323 | 3323 | | (40) a municipality with a population of 3,200 [4,000] |
---|
3324 | 3324 | | or more that: |
---|
3325 | 3325 | | (A) is located on an international border; and |
---|
3326 | 3326 | | (B) is located not more than five miles from a |
---|
3327 | 3327 | | state historic site that serves as a visitor center for a state park |
---|
3328 | 3328 | | that contains 300,000 or more acres of land; |
---|
3329 | 3329 | | (41) a municipality with a population of 36,000 or |
---|
3330 | 3330 | | more that is adjacent to at least two municipalities described by |
---|
3331 | 3331 | | Subdivision (15); |
---|
3332 | 3332 | | (42) a municipality with a population of 28,000 or |
---|
3333 | 3333 | | more in which is located a historic railroad depot and heritage |
---|
3334 | 3334 | | center; |
---|
3335 | 3335 | | (43) a municipality located in a county that has a |
---|
3336 | 3336 | | population of not more than 300,000 and in which a component |
---|
3337 | 3337 | | university of the University of Houston System is located; |
---|
3338 | 3338 | | (44) a municipality with a population of less than |
---|
3339 | 3339 | | 500,000 that is: |
---|
3340 | 3340 | | (A) located in two counties; and |
---|
3341 | 3341 | | (B) adjacent to a municipality described by |
---|
3342 | 3342 | | Subdivision (31); and |
---|
3343 | 3343 | | (45) a municipality that: |
---|
3344 | 3344 | | (A) has a population of more than 67,000; and |
---|
3345 | 3345 | | (B) is located in two counties with 90 percent of |
---|
3346 | 3346 | | the municipality's territory located in a county with a population |
---|
3347 | 3347 | | of at least 800,000 [580,000], and the remaining territory located |
---|
3348 | 3348 | | in a county with a population of at least four million. |
---|
3349 | 3349 | | SECTION 237. Sections 352.002(a), (a-1), (d), (p), and (y), |
---|
3350 | 3350 | | Tax Code, are amended to read as follows: |
---|
3351 | 3351 | | (a) The commissioners courts of the following counties by |
---|
3352 | 3352 | | the adoption of an order or resolution may impose a tax on a person |
---|
3353 | 3353 | | who, under a lease, concession, permit, right of access, license, |
---|
3354 | 3354 | | contract, or agreement, pays for the use or possession or for the |
---|
3355 | 3355 | | right to the use or possession of a room that is in a hotel, costs $2 |
---|
3356 | 3356 | | or more each day, and is ordinarily used for sleeping: |
---|
3357 | 3357 | | (1) a county that has a population of more than 3.3 |
---|
3358 | 3358 | | million; |
---|
3359 | 3359 | | (2) a county that has a population of 90,000 or more, |
---|
3360 | 3360 | | borders the United Mexican States, does not border the Gulf of |
---|
3361 | 3361 | | Mexico, and does not have four or more cities that each have a |
---|
3362 | 3362 | | population of more than 25,000; |
---|
3363 | 3363 | | (3) a county in which there is no municipality; |
---|
3364 | 3364 | | (4) a county in which there is located an Indian |
---|
3365 | 3365 | | reservation under the jurisdiction of the United States government; |
---|
3366 | 3366 | | (5) a county that has a population of 30,000 or less, |
---|
3367 | 3367 | | that has no more than one municipality with a population of less |
---|
3368 | 3368 | | than 2,500, and that borders two counties located wholly in the |
---|
3369 | 3369 | | Edwards Aquifer Authority established by Chapter 626, Acts of the |
---|
3370 | 3370 | | 73rd Legislature, Regular Session, 1993; |
---|
3371 | 3371 | | (6) a county that borders the Gulf of Mexico; |
---|
3372 | 3372 | | (7) a county that has a population of less than 5,000, |
---|
3373 | 3373 | | that borders the United Mexican States, and in which there is |
---|
3374 | 3374 | | located a major observatory; |
---|
3375 | 3375 | | (8) a county that has a population of 12,000 or less |
---|
3376 | 3376 | | and borders the Toledo Bend Reservoir; |
---|
3377 | 3377 | | (9) a county that has a population of less than 12,500 |
---|
3378 | 3378 | | and an area of less than 275 square miles and does not border a |
---|
3379 | 3379 | | county that borders Arkansas and Louisiana; |
---|
3380 | 3380 | | (10) a county that has a population of 30,000 or less |
---|
3381 | 3381 | | and borders Possum Kingdom Lake; |
---|
3382 | 3382 | | (11) a county that borders a county with a population |
---|
3383 | 3383 | | of more than 300,000 and the United Mexican States and has a |
---|
3384 | 3384 | | population of more than 300,000 and less than 900,000 [800,000]; |
---|
3385 | 3385 | | (12) a county that has a population of 35,000 or more |
---|
3386 | 3386 | | and borders or contains a portion of Lake Fork Reservoir; |
---|
3387 | 3387 | | (13) a county that borders the United Mexican States |
---|
3388 | 3388 | | and in which there is located a national recreation area; |
---|
3389 | 3389 | | (14) a county that borders the United Mexican States |
---|
3390 | 3390 | | and in which there is located a national park of more than 400,000 |
---|
3391 | 3391 | | acres; |
---|
3392 | 3392 | | (15) a county that has a population of 28,000 or less, |
---|
3393 | 3393 | | that has no more than four municipalities, and that is located |
---|
3394 | 3394 | | wholly in the Edwards Aquifer Authority established by Chapter 626, |
---|
3395 | 3395 | | Acts of the 73rd Legislature, Regular Session, 1993; |
---|
3396 | 3396 | | (16) a county that has a population of 25,000 or less, |
---|
3397 | 3397 | | whose territory is less than 750 square miles, and that has two |
---|
3398 | 3398 | | incorporated municipalities, each with a population of 800 or less, |
---|
3399 | 3399 | | at least one of which is located on the Frio River; |
---|
3400 | 3400 | | (17) a county that has a population of 34,000 or more |
---|
3401 | 3401 | | and borders Lake Buchanan; |
---|
3402 | 3402 | | (18) a county that has a population of more than 45,000 |
---|
3403 | 3403 | | and less than 75,000, that borders the United Mexican States, and |
---|
3404 | 3404 | | that borders or contains a portion of Falcon Lake; |
---|
3405 | 3405 | | (19) a county with a population of 22,000 or less that |
---|
3406 | 3406 | | borders the Neches River and in which there is located a national |
---|
3407 | 3407 | | preserve; |
---|
3408 | 3408 | | (20) a county that has a population of 28,000 or less |
---|
3409 | 3409 | | and that borders or contains a portion of Lake Livingston; |
---|
3410 | 3410 | | (21) a county through which the Pedernales River flows |
---|
3411 | 3411 | | and in which the birthplace of a president of the United States is |
---|
3412 | 3412 | | located; |
---|
3413 | 3413 | | (22) a county that has a population of 35,000 or less |
---|
3414 | 3414 | | [more than 15,000 but less than 20,000] and borders Lake Buchanan; |
---|
3415 | 3415 | | (23) a county with a population of less than 11,000 |
---|
3416 | 3416 | | that is bordered by the Sulphur River; |
---|
3417 | 3417 | | (24) a county that has a population of 16,000 or more |
---|
3418 | 3418 | | and borders the entire north shore of Lake Somerville; |
---|
3419 | 3419 | | (25) a county that has a population of 20,000 or less |
---|
3420 | 3420 | | and that is bordered by the Brazos and Navasota Rivers; |
---|
3421 | 3421 | | (26) a county that has a population of more than 15,000 |
---|
3422 | 3422 | | and less than 25,000 and is located on the Trinity and Navasota |
---|
3423 | 3423 | | Rivers; |
---|
3424 | 3424 | | (27) a county that has a population of less than 15,000 |
---|
3425 | 3425 | | and that is bordered by the Trinity and Navasota Rivers; |
---|
3426 | 3426 | | (28) a county that borders or contains a portion of the |
---|
3427 | 3427 | | Neches River, the Sabine River, and Sabine Lake; and |
---|
3428 | 3428 | | (29) a county that borders Whitney Lake. |
---|
3429 | 3429 | | (a-1) In addition to the counties described by Subsection |
---|
3430 | 3430 | | (a), the commissioners court of a county in which an airport |
---|
3431 | 3431 | | essential to the economy of the county is located may by the |
---|
3432 | 3432 | | adoption of an order or resolution impose a tax on a person who, |
---|
3433 | 3433 | | under a lease, concession, permit, right of access, license, |
---|
3434 | 3434 | | contract, or agreement, pays for the use or possession or for the |
---|
3435 | 3435 | | right to the use or possession of a room that is in a hotel, costs $2 |
---|
3436 | 3436 | | or more each day, and is ordinarily used for sleeping. For the |
---|
3437 | 3437 | | purposes of this subsection, an airport is considered to be |
---|
3438 | 3438 | | essential to the economy of a county only if the airport is a |
---|
3439 | 3439 | | commercial-service international airport within Class C airspace |
---|
3440 | 3440 | | and is located in a county and owned by a municipality each having a |
---|
3441 | 3441 | | population of less than 170,000 [150,000]. This subsection does |
---|
3442 | 3442 | | not apply to a county described by Subsection (a)(13). |
---|
3443 | 3443 | | (d) The tax imposed by a county authorized by Subsection |
---|
3444 | 3444 | | (a)(6), (8), (9), (10), (11), (14), (15), (17), (19), (20), (21), |
---|
3445 | 3445 | | (23), or (29) to impose the tax does not apply to a hotel located in |
---|
3446 | 3446 | | a municipality that imposes a tax under Chapter 351 applicable to |
---|
3447 | 3447 | | the hotel. This subsection does not apply to: |
---|
3448 | 3448 | | (1) a county authorized by Subsection (a)(6) to impose |
---|
3449 | 3449 | | the tax that: |
---|
3450 | 3450 | | (A) has a population of less than 50,000 [40,000] |
---|
3451 | 3451 | | and adjoins the most populous county in this state; or |
---|
3452 | 3452 | | (B) has a population of more than 200,000 and |
---|
3453 | 3453 | | borders the Neches River; or |
---|
3454 | 3454 | | (2) a county authorized by Subsection (a)(9) to impose |
---|
3455 | 3455 | | the tax that has a population of more than 11,000 [9,000]. |
---|
3456 | 3456 | | (p) The commissioners court of a county that has a |
---|
3457 | 3457 | | population of 100,000 [80,000] or less, in which two state parks are |
---|
3458 | 3458 | | located, and through which the Colorado River flows but that is not |
---|
3459 | 3459 | | bordered by that river may impose a tax as authorized by Subsection |
---|
3460 | 3460 | | (a). |
---|
3461 | 3461 | | (y) The commissioners court of a county with a population of |
---|
3462 | 3462 | | 170,000 [110,000] or more through which the Guadalupe River flows |
---|
3463 | 3463 | | may impose a tax as provided by Subsection (a). The tax imposed |
---|
3464 | 3464 | | under this subsection does not apply to a hotel located in a |
---|
3465 | 3465 | | municipality that: |
---|
3466 | 3466 | | (1) has a population of 80,000 [50,000] or more; |
---|
3467 | 3467 | | (2) is the county seat of a county adjacent to the |
---|
3468 | 3468 | | county to which this subsection applies; and |
---|
3469 | 3469 | | (3) imposes a tax under Chapter 351 applicable to the |
---|
3470 | 3470 | | hotel. |
---|
3471 | 3471 | | SECTION 238. Section 352.003(e), Tax Code, is amended to |
---|
3472 | 3472 | | read as follows: |
---|
3473 | 3473 | | (e) The tax rate in a county authorized to impose the tax |
---|
3474 | 3474 | | under Section 352.002(a)(6) and that has a population of less than |
---|
3475 | 3475 | | 50,000 [40,000] and adjoins the most populous county in this state |
---|
3476 | 3476 | | may not exceed three percent of the price paid for a room in a hotel. |
---|
3477 | 3477 | | SECTION 239. Section 22.053(a), Transportation Code, is |
---|
3478 | 3478 | | amended to read as follows: |
---|
3479 | 3479 | | (a) The commissioners court of a county with a population of |
---|
3480 | 3480 | | 12,200 [14,300] to 12,400 [14,500] may issue time warrants to: |
---|
3481 | 3481 | | (1) condemn or purchase land to be used and maintained |
---|
3482 | 3482 | | as provided by Sections 22.011, 22.020, and 22.024; and |
---|
3483 | 3483 | | (2) improve and equip the land for the use provided by |
---|
3484 | 3484 | | Sections 22.011, 22.020, and 22.024. |
---|
3485 | 3485 | | SECTION 240. Section 172.211(a), Transportation Code, is |
---|
3486 | 3486 | | amended to read as follows: |
---|
3487 | 3487 | | (a) This section applies only to a county that: |
---|
3488 | 3488 | | (1) is adjacent to a county with a population of four |
---|
3489 | 3489 | | million or more; |
---|
3490 | 3490 | | (2) has a population of 370,000 [300,000] or more; and |
---|
3491 | 3491 | | (3) has created a district by concurrent order with an |
---|
3492 | 3492 | | adjacent county pursuant to Section 172.052. |
---|
3493 | 3493 | | SECTION 241. Section 223.052(a), Transportation Code, is |
---|
3494 | 3494 | | amended to read as follows: |
---|
3495 | 3495 | | (a) This section applies only to a municipality that: |
---|
3496 | 3496 | | (1) is partially located in three counties, two of |
---|
3497 | 3497 | | which have a population of 2.1 [1.8] million or more; |
---|
3498 | 3498 | | (2) is primarily located in a county with a population |
---|
3499 | 3499 | | of 2.1 [1.8] million or more; and |
---|
3500 | 3500 | | (3) has within its boundaries all or part of an |
---|
3501 | 3501 | | international airport operated jointly by two municipalities. |
---|
3502 | 3502 | | SECTION 242. Section 284.002(a), Transportation Code, is |
---|
3503 | 3503 | | amended to read as follows: |
---|
3504 | 3504 | | (a) Except as provided by Subsection (b), this chapter |
---|
3505 | 3505 | | applies only to a county that: |
---|
3506 | 3506 | | (1) has a population of 50,000 or more and borders the |
---|
3507 | 3507 | | Gulf of Mexico or a bay or inlet opening into the gulf; |
---|
3508 | 3508 | | (2) has a population of 2.5 [two] million or more; |
---|
3509 | 3509 | | (3) is adjacent to a county that has a population of |
---|
3510 | 3510 | | 2.5 [two] million or more; or |
---|
3511 | 3511 | | (4) borders the United Mexican States. |
---|
3512 | 3512 | | SECTION 243. Section 285.001(b), Transportation Code, is |
---|
3513 | 3513 | | amended to read as follows: |
---|
3514 | 3514 | | (b) The commissioners court of a county with a population of |
---|
3515 | 3515 | | more than 870,000 [700,000 and less than 800,000] that borders the |
---|
3516 | 3516 | | United Mexican States by order may regulate the activities |
---|
3517 | 3517 | | described by Subsection (a) in the manner described by that |
---|
3518 | 3518 | | subsection, except that: |
---|
3519 | 3519 | | (1) the regulation of activities on or in the |
---|
3520 | 3520 | | right-of-way of a public highway or road is limited to public |
---|
3521 | 3521 | | highways and roads with a speed limit of 40 miles per hour or |
---|
3522 | 3522 | | faster; and |
---|
3523 | 3523 | | (2) the county may not prohibit the sale of livestock. |
---|
3524 | 3524 | | SECTION 244. Section 362.055, Transportation Code, is |
---|
3525 | 3525 | | amended to read as follows: |
---|
3526 | 3526 | | Sec. 362.055. EXCEPTION. This subchapter does not apply |
---|
3527 | 3527 | | to: |
---|
3528 | 3528 | | (1) a county that has a population of more than 2.5 |
---|
3529 | 3529 | | [two] million; |
---|
3530 | 3530 | | (2) a local government corporation created under |
---|
3531 | 3531 | | Chapter 431 by a county that has a population of more than 2.5 [two] |
---|
3532 | 3532 | | million; or |
---|
3533 | 3533 | | (3) a regional tollway authority created under Chapter |
---|
3534 | 3534 | | 366. |
---|
3535 | 3535 | | SECTION 245. Section 366.031(a), Transportation Code, is |
---|
3536 | 3536 | | amended to read as follows: |
---|
3537 | 3537 | | (a) Two or more counties, acting through their respective |
---|
3538 | 3538 | | commissioners courts, may by order passed by each commissioners |
---|
3539 | 3539 | | court create a regional tollway authority under this chapter if: |
---|
3540 | 3540 | | (1) one of the counties has a population of not less |
---|
3541 | 3541 | | than 300,000; |
---|
3542 | 3542 | | (2) the counties form a contiguous territory; and |
---|
3543 | 3543 | | (3) unless one of the counties has a population of 2.5 |
---|
3544 | 3544 | | [two] million or more, the commission approves the creation. |
---|
3545 | 3545 | | SECTION 246. Section 370.192, Transportation Code, is |
---|
3546 | 3546 | | amended to read as follows: |
---|
3547 | 3547 | | Sec. 370.192. PROPERTY OF RAPID TRANSIT AUTHORITIES. An |
---|
3548 | 3548 | | authority may not condemn or purchase real property of a rapid |
---|
3549 | 3549 | | transit authority operating pursuant to Chapter 451 that was |
---|
3550 | 3550 | | confirmed before July 1, 1985, and in which the principal |
---|
3551 | 3551 | | municipality has a population of less than 1.3 million [850,000], |
---|
3552 | 3552 | | unless the authority has entered into a written agreement with the |
---|
3553 | 3553 | | rapid transit authority specifying the terms and conditions under |
---|
3554 | 3554 | | which the condemnation or the purchase of the real property will |
---|
3555 | 3555 | | take place. |
---|
3556 | 3556 | | SECTION 247. Section 396.041(c), Transportation Code, is |
---|
3557 | 3557 | | amended to read as follows: |
---|
3558 | 3558 | | (c) An ordinance may: |
---|
3559 | 3559 | | (1) impose a fee of $25 for the issuance or renewal of |
---|
3560 | 3560 | | a license; |
---|
3561 | 3561 | | (2) impose a fee of not more than: |
---|
3562 | 3562 | | (A) $150 for the issuance or renewal of a |
---|
3563 | 3563 | | license, if the ordinance is adopted by the commissioners court of a |
---|
3564 | 3564 | | county with a population of 2.1 [one] million or more that contains |
---|
3565 | 3565 | | two or more municipalities, each of which has a population of |
---|
3566 | 3566 | | 350,000 [250,000] or more; or |
---|
3567 | 3567 | | (B) $500 for the issuance or renewal of a |
---|
3568 | 3568 | | license, if the ordinance is adopted by the commissioners court of a |
---|
3569 | 3569 | | county with a population of 3.3 million or more; |
---|
3570 | 3570 | | (3) condition the license on the operation of the |
---|
3571 | 3571 | | junkyard or automotive wrecking and salvage yard only at a location |
---|
3572 | 3572 | | approved by the commissioners court or a county employee designated |
---|
3573 | 3573 | | by the commissioners court; or |
---|
3574 | 3574 | | (4) establish grounds for suspending or revoking a |
---|
3575 | 3575 | | license if the junkyard or automotive wrecking and salvage yard is |
---|
3576 | 3576 | | not screened. |
---|
3577 | 3577 | | SECTION 248. Section 451.061(d-1), Transportation Code, is |
---|
3578 | 3578 | | amended to read as follows: |
---|
3579 | 3579 | | (d-1) The establishment of or a change to fares, tolls, |
---|
3580 | 3580 | | charges, rents, and other compensation by an authority confirmed |
---|
3581 | 3581 | | before July 1, 1985, in which the principal municipality has a |
---|
3582 | 3582 | | population of less than 1.3 million [850,000], takes effect |
---|
3583 | 3583 | | immediately on approval by a majority vote of the board, except that |
---|
3584 | 3584 | | the establishment of or a change to a single-ride base fare takes |
---|
3585 | 3585 | | effect on the 60th day after the date the board approves the fare or |
---|
3586 | 3586 | | change to the fare, unless the policy board of the metropolitan |
---|
3587 | 3587 | | planning organization that serves the area of the authority |
---|
3588 | 3588 | | disapproves the fare or change to the fare by a majority vote. |
---|
3589 | 3589 | | SECTION 249. Section 451.068(a), Transportation Code, is |
---|
3590 | 3590 | | amended to read as follows: |
---|
3591 | 3591 | | (a) An authority confirmed before July 1, 1985, and in which |
---|
3592 | 3592 | | the principal municipality has a population of less than 1.3 |
---|
3593 | 3593 | | million [850,000] may, through the operation of a program, charge |
---|
3594 | 3594 | | no fares. |
---|
3595 | 3595 | | SECTION 250. Section 451.071(a), Transportation Code, is |
---|
3596 | 3596 | | amended to read as follows: |
---|
3597 | 3597 | | (a) This section applies only to an authority confirmed |
---|
3598 | 3598 | | before July 1, 1985, in which the principal municipality has a |
---|
3599 | 3599 | | population of less than 1.3 million [850,000]. |
---|
3600 | 3600 | | SECTION 251. Section 451.106(a), Transportation Code, is |
---|
3601 | 3601 | | amended to read as follows: |
---|
3602 | 3602 | | (a) The board of an authority in which the principal |
---|
3603 | 3603 | | municipality has a population of less than 1.3 million [850,000] or |
---|
3604 | 3604 | | more than 1.9 million shall employ a general manager to administer |
---|
3605 | 3605 | | the daily operation of the authority. The general manager may, |
---|
3606 | 3606 | | subject to the annual operating budget and to the personnel |
---|
3607 | 3607 | | policies adopted by the board, employ persons to conduct the |
---|
3608 | 3608 | | affairs of the authority and prescribe their duties and |
---|
3609 | 3609 | | compensation. |
---|
3610 | 3610 | | SECTION 252. Section 451.108(c), Transportation Code, is |
---|
3611 | 3611 | | amended to read as follows: |
---|
3612 | 3612 | | (c) A peace officer commissioned under this section, except |
---|
3613 | 3613 | | as provided by Subsections (d) and (e), or a peace officer |
---|
3614 | 3614 | | contracted for employment by an authority confirmed before July 1, |
---|
3615 | 3615 | | 1985, in which the principal municipality has a population of less |
---|
3616 | 3616 | | than 1.3 million [850,000], may: |
---|
3617 | 3617 | | (1) make an arrest in any county in which the transit |
---|
3618 | 3618 | | authority system is located as necessary to prevent or abate the |
---|
3619 | 3619 | | commission of an offense against the law of this state or a |
---|
3620 | 3620 | | political subdivision of this state if the offense or threatened |
---|
3621 | 3621 | | offense occurs on or involves the transit authority system; |
---|
3622 | 3622 | | (2) make an arrest for an offense involving injury or |
---|
3623 | 3623 | | detriment to the transit authority system; |
---|
3624 | 3624 | | (3) enforce traffic laws and investigate traffic |
---|
3625 | 3625 | | accidents that involve or occur in the transit authority system; |
---|
3626 | 3626 | | and |
---|
3627 | 3627 | | (4) provide emergency and public safety services to |
---|
3628 | 3628 | | the transit authority system or users of the transit authority |
---|
3629 | 3629 | | system. |
---|
3630 | 3630 | | SECTION 253. Section 451.109(d), Transportation Code, is |
---|
3631 | 3631 | | amended to read as follows: |
---|
3632 | 3632 | | (d) This section does not apply to an authority in which the |
---|
3633 | 3633 | | principal municipality has a population of 1.3 million [850,000] or |
---|
3634 | 3634 | | more but not more than 1.9 million. |
---|
3635 | 3635 | | SECTION 254. Section 451.3625(a), Transportation Code, is |
---|
3636 | 3636 | | amended to read as follows: |
---|
3637 | 3637 | | (a) This section applies only to an authority confirmed |
---|
3638 | 3638 | | before July 1, 1985, in which the principal municipality has a |
---|
3639 | 3639 | | population of less than 1.3 million [850,000]. |
---|
3640 | 3640 | | SECTION 255. Section 451.452(d), Transportation Code, is |
---|
3641 | 3641 | | amended to read as follows: |
---|
3642 | 3642 | | (d) This section applies only to an authority in which the |
---|
3643 | 3643 | | principal municipality has a population of more than 1.9 million or |
---|
3644 | 3644 | | less than 1.3 million [850,000], except that Subsections (a)(5) and |
---|
3645 | 3645 | | (6) do not apply to an authority in which the principal municipality |
---|
3646 | 3646 | | has a population of more than 1.9 million. |
---|
3647 | 3647 | | SECTION 256. Section 451.454(a), Transportation Code, is |
---|
3648 | 3648 | | amended to read as follows: |
---|
3649 | 3649 | | (a) The board of an authority in which the principal |
---|
3650 | 3650 | | municipality has a population of more than 1.9 million or less than |
---|
3651 | 3651 | | 1.3 million [850,000] shall contract at least once every four years |
---|
3652 | 3652 | | for a performance audit of the authority to be conducted by a firm |
---|
3653 | 3653 | | that has experience in reviewing the performance of transit |
---|
3654 | 3654 | | agencies. |
---|
3655 | 3655 | | SECTION 257. Section 451.458(a), Transportation Code, is |
---|
3656 | 3656 | | amended to read as follows: |
---|
3657 | 3657 | | (a) This section applies only to an authority confirmed |
---|
3658 | 3658 | | before July 1, 1985, in which the principal municipality has a |
---|
3659 | 3659 | | population of less than 1.3 million [850,000]. |
---|
3660 | 3660 | | SECTION 258. Section 451.460(a), Transportation Code, is |
---|
3661 | 3661 | | amended to read as follows: |
---|
3662 | 3662 | | (a) This section applies only to an authority confirmed |
---|
3663 | 3663 | | before July 1, 1985, in which the principal municipality has a |
---|
3664 | 3664 | | population of less than 1.3 million [850,000]. |
---|
3665 | 3665 | | SECTION 259. Section 451.5021(a), Transportation Code, is |
---|
3666 | 3666 | | amended to read as follows: |
---|
3667 | 3667 | | (a) This section applies only to the board of an authority |
---|
3668 | 3668 | | created before July 1, 1985, in which the principal municipality |
---|
3669 | 3669 | | has a population of less than 1.3 million [850,000]. |
---|
3670 | 3670 | | SECTION 260. Section 451.506(c), Transportation Code, is |
---|
3671 | 3671 | | amended to read as follows: |
---|
3672 | 3672 | | (c) An individual may serve two terms as presiding officer |
---|
3673 | 3673 | | under Section 451.502(e)(3), in addition to any service on the |
---|
3674 | 3674 | | board before being appointed under that subsection. This |
---|
3675 | 3675 | | subsection does not apply to an individual serving on the board of |
---|
3676 | 3676 | | an authority described by Subsection (b) or an authority confirmed |
---|
3677 | 3677 | | before July 1, 1985, and in which the principal municipality has a |
---|
3678 | 3678 | | population of less than 1.3 million [850,000]. |
---|
3679 | 3679 | | SECTION 261. Sections 451.509(a), (c), and (d), |
---|
3680 | 3680 | | Transportation Code, are amended to read as follows: |
---|
3681 | 3681 | | (a) In an authority in which the principal municipality has |
---|
3682 | 3682 | | a population of less than 1.3 million [850,000] and in which the |
---|
3683 | 3683 | | authority's sales and use tax is imposed at a rate of one percent, a |
---|
3684 | 3684 | | member of the board may be removed from office for any ground |
---|
3685 | 3685 | | described by Section 451.510 by a majority vote of the entity that |
---|
3686 | 3686 | | appointed the member. |
---|
3687 | 3687 | | (c) In an authority in which the principal municipality has |
---|
3688 | 3688 | | a population of more than 1.3 million [850,000], a member of the |
---|
3689 | 3689 | | board may be removed for any ground described by Section 451.510 by |
---|
3690 | 3690 | | the person or entity that appointed the member. If the person who |
---|
3691 | 3691 | | appointed the member is the mayor of the principal municipality, |
---|
3692 | 3692 | | the removal is by recommendation of the mayor and confirmation by |
---|
3693 | 3693 | | the municipality's governing body. If the member to be removed was |
---|
3694 | 3694 | | appointed by the mayor of the principal municipality, the statement |
---|
3695 | 3695 | | required by Section 451.511(a) shall be given by the mayor, and |
---|
3696 | 3696 | | confirmation of removal by the governing body of the municipality |
---|
3697 | 3697 | | is necessary. |
---|
3698 | 3698 | | (d) In an authority in which the principal municipality has |
---|
3699 | 3699 | | a population of less than 1.3 million [850,000] or more than 1.9 |
---|
3700 | 3700 | | million, a general manager who has knowledge that a potential |
---|
3701 | 3701 | | ground for removal applicable to a member of the authority's board |
---|
3702 | 3702 | | exists shall notify the presiding officer of the board of the |
---|
3703 | 3703 | | ground, and the presiding officer shall notify the person that |
---|
3704 | 3704 | | appointed the member against whom the potential ground applies of |
---|
3705 | 3705 | | the ground. |
---|
3706 | 3706 | | SECTION 262. Section 451.512(a), Transportation Code, is |
---|
3707 | 3707 | | amended to read as follows: |
---|
3708 | 3708 | | (a) Except as provided by Subsection (b), in an authority in |
---|
3709 | 3709 | | which the principal municipality has a population of less than 1.3 |
---|
3710 | 3710 | | million [850,000] or more than 1.9 million, an action of the board |
---|
3711 | 3711 | | is not invalid because a ground for removal of a board member |
---|
3712 | 3712 | | exists. |
---|
3713 | 3713 | | SECTION 263. Section 451.513(a), Transportation Code, is |
---|
3714 | 3714 | | amended to read as follows: |
---|
3715 | 3715 | | (a) A board member of an authority that has a principal |
---|
3716 | 3716 | | municipality with a population of more than 1.3 million [850,000] |
---|
3717 | 3717 | | may be removed, as provided by this section, on a petition for the |
---|
3718 | 3718 | | recall of the member submitted by the registered voters of the |
---|
3719 | 3719 | | authority. Recall of a member under this section is in addition to |
---|
3720 | 3720 | | any other method for removal under this subchapter. |
---|
3721 | 3721 | | SECTION 264. Section 451.602, Transportation Code, is |
---|
3722 | 3722 | | amended to read as follows: |
---|
3723 | 3723 | | Sec. 451.602. AUTHORITIES COVERED BY SUBCHAPTER. Except |
---|
3724 | 3724 | | as provided by Section 451.617, this subchapter applies only to an |
---|
3725 | 3725 | | authority in which the principal municipality has a population of |
---|
3726 | 3726 | | less than 1.3 million [850,000] and that was confirmed before July |
---|
3727 | 3727 | | 1, 1985. |
---|
3728 | 3728 | | SECTION 265. Section 502.403(f), Transportation Code, is |
---|
3729 | 3729 | | amended to read as follows: |
---|
3730 | 3730 | | (f) A municipality with a population greater than 1.3 |
---|
3731 | 3731 | | million [850,000] shall deposit revenue from a fee imposed under |
---|
3732 | 3732 | | this subsection to the credit of the child safety trust fund created |
---|
3733 | 3733 | | under Section 106.001, Local Government Code. A municipality with a |
---|
3734 | 3734 | | population less than 1.3 million [850,000] shall use revenue from a |
---|
3735 | 3735 | | fee imposed under this section in accordance with Article |
---|
3736 | 3736 | | 102.014(g), Code of Criminal Procedure. |
---|
3737 | 3737 | | SECTION 266. Section 541.201(1), Transportation Code, is |
---|
3738 | 3738 | | amended to read as follows: |
---|
3739 | 3739 | | (1) "Authorized emergency vehicle" means: |
---|
3740 | 3740 | | (A) a fire department or police vehicle; |
---|
3741 | 3741 | | (B) a public or private ambulance operated by a |
---|
3742 | 3742 | | person who has been issued a license by the Department of State |
---|
3743 | 3743 | | Health Services; |
---|
3744 | 3744 | | (C) an emergency medical services vehicle: |
---|
3745 | 3745 | | (i) authorized under an emergency medical |
---|
3746 | 3746 | | services provider license issued by the Department of State Health |
---|
3747 | 3747 | | Services under Chapter 773, Health and Safety Code; and |
---|
3748 | 3748 | | (ii) operating under a contract with an |
---|
3749 | 3749 | | emergency services district that requires the emergency medical |
---|
3750 | 3750 | | services provider to respond to emergency calls with the vehicle; |
---|
3751 | 3751 | | (D) a municipal department or public service |
---|
3752 | 3752 | | corporation emergency vehicle that has been designated or |
---|
3753 | 3753 | | authorized by the governing body of a municipality; |
---|
3754 | 3754 | | (E) a county-owned or county-leased emergency |
---|
3755 | 3755 | | management vehicle that has been designated or authorized by the |
---|
3756 | 3756 | | commissioners court; |
---|
3757 | 3757 | | (F) a vehicle that has been designated by the |
---|
3758 | 3758 | | department under Section 546.0065; |
---|
3759 | 3759 | | (G) a private vehicle of a volunteer firefighter |
---|
3760 | 3760 | | or a certified emergency medical services employee or volunteer |
---|
3761 | 3761 | | when responding to a fire alarm or medical emergency; |
---|
3762 | 3762 | | (H) an industrial emergency response vehicle, |
---|
3763 | 3763 | | including an industrial ambulance, when responding to an emergency, |
---|
3764 | 3764 | | but only if the vehicle is operated in compliance with criteria in |
---|
3765 | 3765 | | effect September 1, 1989, and established by the predecessor of the |
---|
3766 | 3766 | | Texas Industrial Emergency Services Board of the State |
---|
3767 | 3767 | | Firefighters' [Firemen's] and Fire Marshals' Association of Texas; |
---|
3768 | 3768 | | (I) a vehicle of a blood bank or tissue bank, |
---|
3769 | 3769 | | accredited or approved under the laws of this state or the United |
---|
3770 | 3770 | | States, when making emergency deliveries of blood, drugs, |
---|
3771 | 3771 | | medicines, or organs; |
---|
3772 | 3772 | | (J) a vehicle used for law enforcement purposes |
---|
3773 | 3773 | | that is owned or leased by a federal governmental entity; or |
---|
3774 | 3774 | | (K) a private vehicle of an employee or volunteer |
---|
3775 | 3775 | | of a county emergency management division in a county with a |
---|
3776 | 3776 | | population of more than 52,600 [46,500] and less than 55,000 |
---|
3777 | 3777 | | [48,000] that is designated as an authorized emergency vehicle by |
---|
3778 | 3778 | | the commissioners court of that county. |
---|
3779 | 3779 | | SECTION 267. Section 644.101(b), Transportation Code, is |
---|
3780 | 3780 | | amended to read as follows: |
---|
3781 | 3781 | | (b) A police officer of any of the following municipalities |
---|
3782 | 3782 | | is eligible to apply for certification under this section: |
---|
3783 | 3783 | | (1) a municipality with a population of 50,000 or |
---|
3784 | 3784 | | more; |
---|
3785 | 3785 | | (2) a municipality with a population of 25,000 or more |
---|
3786 | 3786 | | any part of which is located in a county with a population of |
---|
3787 | 3787 | | 500,000 or more; |
---|
3788 | 3788 | | (3) a municipality with a population of less than |
---|
3789 | 3789 | | 25,000: |
---|
3790 | 3790 | | (A) any part of which is located in a county with |
---|
3791 | 3791 | | a population of 3.3 million; and |
---|
3792 | 3792 | | (B) that contains or is adjacent to an |
---|
3793 | 3793 | | international port; |
---|
3794 | 3794 | | (4) a municipality with a population of at least |
---|
3795 | 3795 | | 34,000 that is located in a county that borders two or more states; |
---|
3796 | 3796 | | (5) a municipality any part of which is located in a |
---|
3797 | 3797 | | county bordering the United Mexican States; |
---|
3798 | 3798 | | (6) a municipality with a population of less than |
---|
3799 | 3799 | | 5,000 that is located: |
---|
3800 | 3800 | | (A) adjacent to a bay connected to the Gulf of |
---|
3801 | 3801 | | Mexico; and |
---|
3802 | 3802 | | (B) in a county adjacent to a county with a |
---|
3803 | 3803 | | population greater than 3.3 million; |
---|
3804 | 3804 | | (7) a municipality that is located: |
---|
3805 | 3805 | | (A) within 25 miles of an international port; and |
---|
3806 | 3806 | | (B) in a county that does not contain a highway |
---|
3807 | 3807 | | that is part of the national system of interstate and defense |
---|
3808 | 3808 | | highways and is adjacent to a county with a population greater than |
---|
3809 | 3809 | | 3.3 million; |
---|
3810 | 3810 | | (8) a municipality with a population of less than |
---|
3811 | 3811 | | 8,500 that: |
---|
3812 | 3812 | | (A) is the county seat; and |
---|
3813 | 3813 | | (B) contains a highway that is part of the |
---|
3814 | 3814 | | national system of interstate and defense highways; |
---|
3815 | 3815 | | (9) a municipality located in a county with a |
---|
3816 | 3816 | | population between 60,000 and 69,000 [66,000] adjacent to a bay |
---|
3817 | 3817 | | connected to the Gulf of Mexico; |
---|
3818 | 3818 | | (10) a municipality with a population of more than |
---|
3819 | 3819 | | 40,000 and less than 50,000 that is located in a county with a |
---|
3820 | 3820 | | population of more than 285,000 and less than 300,000 that borders |
---|
3821 | 3821 | | the Gulf of Mexico; |
---|
3822 | 3822 | | (11) a municipality with a population between 32,000 |
---|
3823 | 3823 | | and 50,000 that is located entirely in a county that: |
---|
3824 | 3824 | | (A) has a population of less than 250,000; |
---|
3825 | 3825 | | (B) is adjacent to two counties that each have a |
---|
3826 | 3826 | | population of more than 1.2 million; and |
---|
3827 | 3827 | | (C) contains two highways that are part of the |
---|
3828 | 3828 | | national system of interstate and defense highways; |
---|
3829 | 3829 | | (12) a municipality with a population of more than |
---|
3830 | 3830 | | 4,500 [3,000] and less than 10,000 that: |
---|
3831 | 3831 | | (A) contains a highway that is part of the |
---|
3832 | 3832 | | national system of interstate and defense highways; and |
---|
3833 | 3833 | | (B) is located in a county with a population |
---|
3834 | 3834 | | between 175,000 [150,000] and 190,000 [155,000]; |
---|
3835 | 3835 | | (13) a municipality with a population of less than |
---|
3836 | 3836 | | 75,000 that is located in three counties, at least one of which has |
---|
3837 | 3837 | | a population greater than 3.3 million; |
---|
3838 | 3838 | | (14) a municipality with a population between 13,900 |
---|
3839 | 3839 | | [14,000] and 17,000 that: |
---|
3840 | 3840 | | (A) contains three or more numbered United States |
---|
3841 | 3841 | | highways; and |
---|
3842 | 3842 | | (B) is located in a county that is adjacent to a |
---|
3843 | 3843 | | county with a population of more than 200,000; or |
---|
3844 | 3844 | | (15) a municipality with a population of less than |
---|
3845 | 3845 | | 50,000 that is located in: |
---|
3846 | 3846 | | (A) a county that generated $20 million or more |
---|
3847 | 3847 | | in tax revenue collected under Chapters 201 and 202, Tax Code, from |
---|
3848 | 3848 | | oil and gas production during the preceding state fiscal year; or |
---|
3849 | 3849 | | (B) a county that is adjacent to two or more |
---|
3850 | 3850 | | counties described by Paragraph (A). |
---|
3851 | 3851 | | SECTION 268. Section 644.202(b), Transportation Code, is |
---|
3852 | 3852 | | amended to read as follows: |
---|
3853 | 3853 | | (b) A municipality with a population of more than 1.3 |
---|
3854 | 3854 | | million [850,000] shall develop a route for commercial motor |
---|
3855 | 3855 | | vehicles carrying hazardous materials on a road or highway in the |
---|
3856 | 3856 | | municipality and submit the route to the Texas Department of |
---|
3857 | 3857 | | Transportation for approval. If the Texas Department of |
---|
3858 | 3858 | | Transportation determines that the route complies with all |
---|
3859 | 3859 | | applicable federal and state regulations regarding the |
---|
3860 | 3860 | | transportation of hazardous materials, the Texas Department of |
---|
3861 | 3861 | | Transportation shall approve the route and notify the municipality |
---|
3862 | 3862 | | of the approved route. |
---|
3863 | 3863 | | SECTION 269. Section 701.001(c), Transportation Code, is |
---|
3864 | 3864 | | amended to read as follows: |
---|
3865 | 3865 | | (c) The limitation on the number of deputies that may be |
---|
3866 | 3866 | | employed under Subsections (a) and (b) does not apply to a county |
---|
3867 | 3867 | | with a population of more than 2.5 [two] million. |
---|
3868 | 3868 | | SECTION 270. Section 35.037(a), Utilities Code, as added by |
---|
3869 | 3869 | | Chapter 426 (S.B. 3), Acts of the 87th Legislature, Regular |
---|
3870 | 3870 | | Session, 2021, is amended to read as follows: |
---|
3871 | 3871 | | (a) This section only applies in a county with a population |
---|
3872 | 3872 | | of more than 1.2 [one] million in which a national wildlife refuge |
---|
3873 | 3873 | | is wholly or partly located. |
---|
3874 | 3874 | | SECTION 271. Section 36.354(g), Utilities Code, is amended |
---|
3875 | 3875 | | to read as follows: |
---|
3876 | 3876 | | (g) For the purposes of this section, the term "military |
---|
3877 | 3877 | | base" does not include a military base: |
---|
3878 | 3878 | | (1) that has been closed or realigned under the |
---|
3879 | 3879 | | Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section |
---|
3880 | 3880 | | 2687) and its subsequent amendments; |
---|
3881 | 3881 | | (2) that is administered by an authority established |
---|
3882 | 3882 | | by a municipality under Chapter 379B, Local Government Code; |
---|
3883 | 3883 | | (3) that is operated by or for the benefit of the Texas |
---|
3884 | 3884 | | National Guard, as defined by Section 437.001, Government Code, |
---|
3885 | 3885 | | unless the base is served by a municipally owned utility owned by a |
---|
3886 | 3886 | | city with a population of 900,000 [650,000] or more; or |
---|
3887 | 3887 | | (4) for which a municipally owned utility has acquired |
---|
3888 | 3888 | | the electric distribution system under 10 U.S.C. Section 2688. |
---|
3889 | 3889 | | SECTION 272. Section 37.102(a), Utilities Code, is amended |
---|
3890 | 3890 | | to read as follows: |
---|
3891 | 3891 | | (a) If a municipal corporation offers retail electric |
---|
3892 | 3892 | | utility service in a municipality having a population of more than |
---|
3893 | 3893 | | 151,000 [145,000] that is located in a county having a population of |
---|
3894 | 3894 | | more than 2.5 [2] million, the commission shall singly certificate |
---|
3895 | 3895 | | areas in the municipality's boundaries in which more than one |
---|
3896 | 3896 | | electric utility provides electric utility service. |
---|
3897 | 3897 | | SECTION 273. Section 13.1395(a)(1), Water Code, is amended |
---|
3898 | 3898 | | to read as follows: |
---|
3899 | 3899 | | (1) "Affected utility" means a retail public utility, |
---|
3900 | 3900 | | exempt utility, or provider or conveyor of potable or raw water |
---|
3901 | 3901 | | service that furnishes water service to more than one customer: |
---|
3902 | 3902 | | (A) in a county with a population of 3.3 million |
---|
3903 | 3903 | | or more; or |
---|
3904 | 3904 | | (B) in a county with a population of 800,000 |
---|
3905 | 3905 | | [550,000] or more adjacent to a county with a population of 3.3 |
---|
3906 | 3906 | | million or more. |
---|
3907 | 3907 | | SECTION 274. Sections 13.245(c-5) and (c-6), Water Code, |
---|
3908 | 3908 | | are amended to read as follows: |
---|
3909 | 3909 | | (c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not |
---|
3910 | 3910 | | apply to: |
---|
3911 | 3911 | | (1) a county that borders the United Mexican States |
---|
3912 | 3912 | | and the Gulf of Mexico or a county adjacent to such a county; |
---|
3913 | 3913 | | (2) a county with a population of more than 30,000 and |
---|
3914 | 3914 | | less than 36,000 [35,000] that borders the Red River; or |
---|
3915 | 3915 | | (3) a county with a population of more than 100,000 and |
---|
3916 | 3916 | | less than 200,000 that borders a county described by Subdivision |
---|
3917 | 3917 | | (2). |
---|
3918 | 3918 | | (c-6) Subsections (c-1), (c-2), (c-3), and (c-4) do not |
---|
3919 | 3919 | | apply to: |
---|
3920 | 3920 | | (1) a county with a population of 170,000 [130,000] or |
---|
3921 | 3921 | | more that is adjacent to a county with a population of 1.5 million |
---|
3922 | 3922 | | or more that is within 200 miles of an international border; or |
---|
3923 | 3923 | | (2) a county with a population of more than 40,000 and |
---|
3924 | 3924 | | less than 50,000 that contains a portion of the San Antonio River. |
---|
3925 | 3925 | | SECTION 275. Sections 13.2451(b-2) and (b-3), Water Code, |
---|
3926 | 3926 | | are amended to read as follows: |
---|
3927 | 3927 | | (b-2) Subsection (b) does not apply to an extension of |
---|
3928 | 3928 | | extraterritorial jurisdiction in a county: |
---|
3929 | 3929 | | (1) with a population of more than 30,000 and less than |
---|
3930 | 3930 | | 36,000 [35,000] that borders the Red River; or |
---|
3931 | 3931 | | (2) with a population of more than 100,000 and less |
---|
3932 | 3932 | | than 200,000 that borders a county described by Subdivision (1). |
---|
3933 | 3933 | | (b-3) Subsection (b) does not apply to an extension of |
---|
3934 | 3934 | | extraterritorial jurisdiction in a county: |
---|
3935 | 3935 | | (1) with a population of 170,000 [130,000] or more |
---|
3936 | 3936 | | that is adjacent to a county with a population of 1.5 million or |
---|
3937 | 3937 | | more that is within 200 miles of an international border; or |
---|
3938 | 3938 | | (2) with a population of more than 40,000 and less than |
---|
3939 | 3939 | | 50,000 that contains a portion of the San Antonio River. |
---|
3940 | 3940 | | SECTION 276. Sections 13.254(a-10) and (a-11), Water Code, |
---|
3941 | 3941 | | are amended to read as follows: |
---|
3942 | 3942 | | (a-10) Subsection (a-8) does not apply to a county: |
---|
3943 | 3943 | | (1) with a population of more than 30,000 and less than |
---|
3944 | 3944 | | 36,000 [35,000] that borders the Red River; or |
---|
3945 | 3945 | | (2) with a population of more than 100,000 and less |
---|
3946 | 3946 | | than 200,000 that borders a county described by Subdivision (1). |
---|
3947 | 3947 | | (a-11) Subsection (a-8) does not apply to a county: |
---|
3948 | 3948 | | (1) with a population of 170,000 [130,000] or more |
---|
3949 | 3949 | | that is adjacent to a county with a population of 1.5 million or |
---|
3950 | 3950 | | more that is within 200 miles of an international border; or |
---|
3951 | 3951 | | (2) with a population of more than 40,000 and less than |
---|
3952 | 3952 | | 50,000 that contains a portion of the San Antonio River. |
---|
3953 | 3953 | | SECTION 277. Section 13.2541(b), Water Code, is amended to |
---|
3954 | 3954 | | read as follows: |
---|
3955 | 3955 | | (b) As an alternative to decertification or expedited |
---|
3956 | 3956 | | release under Section 13.254, the owner of a tract of land that is |
---|
3957 | 3957 | | at least 25 acres and that is not receiving water or sewer service |
---|
3958 | 3958 | | may petition for expedited release of the area from a certificate of |
---|
3959 | 3959 | | public convenience and necessity in the manner provided by this |
---|
3960 | 3960 | | section and is entitled to that release if the landowner's property |
---|
3961 | 3961 | | is located in a county with a population of at least 1.2 [one] |
---|
3962 | 3962 | | million, a county adjacent to a county with a population of at least |
---|
3963 | 3963 | | 1.2 [one] million, or a county with a population of more than |
---|
3964 | 3964 | | 200,000 and less than 233,500 [220,000] that does not contain a |
---|
3965 | 3965 | | public or private university that had a total enrollment in the most |
---|
3966 | 3966 | | recent fall semester of 40,000 or more, and not in a county that has |
---|
3967 | 3967 | | a population of more than 50,500 [45,500] and less than 52,000 |
---|
3968 | 3968 | | [47,500]. |
---|
3969 | 3969 | | SECTION 278. Section 26.179(o), Water Code, is amended to |
---|
3970 | 3970 | | read as follows: |
---|
3971 | 3971 | | (o) This section does not apply to an area within the |
---|
3972 | 3972 | | extraterritorial jurisdiction of a municipality with a population |
---|
3973 | 3973 | | greater than 1.3 million [900,000] that has extended to the |
---|
3974 | 3974 | | extraterritorial jurisdiction of the municipality an ordinance |
---|
3975 | 3975 | | whose purpose is to prevent the pollution of an aquifer which is the |
---|
3976 | 3976 | | sole or principal drinking water source for the municipality. |
---|
3977 | 3977 | | SECTION 279. Section 26.3476(b), Water Code, is amended to |
---|
3978 | 3978 | | read as follows: |
---|
3979 | 3979 | | (b) An underground storage tank system, at a minimum, shall |
---|
3980 | 3980 | | incorporate a method for secondary containment if the system is |
---|
3981 | 3981 | | located in: |
---|
3982 | 3982 | | (1) the outcrop of a major aquifer composed of |
---|
3983 | 3983 | | limestone and associated carbonate rocks of Cretaceous age or |
---|
3984 | 3984 | | older; and |
---|
3985 | 3985 | | (2) a county that: |
---|
3986 | 3986 | | (A) has a population of at least 1.2 [one] |
---|
3987 | 3987 | | million and relies on groundwater for at least 75 percent of the |
---|
3988 | 3988 | | county's water supply; or |
---|
3989 | 3989 | | (B) has a population of at least 75,000 and is |
---|
3990 | 3990 | | adjacent to a county described by Paragraph (A). |
---|
3991 | 3991 | | SECTION 280. Section 36.121, Water Code, is amended to read |
---|
3992 | 3992 | | as follows: |
---|
3993 | 3993 | | Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS |
---|
3994 | 3994 | | OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section |
---|
3995 | 3995 | | 36.117, a district that is created under this chapter on or after |
---|
3996 | 3996 | | September 1, 1991, shall exempt from regulation under this chapter |
---|
3997 | 3997 | | a well and any water produced or to be produced by a well that is |
---|
3998 | 3998 | | located in a county that has a population of 15,500 [14,000] or less |
---|
3999 | 3999 | | if the water is to be used solely to supply a municipality that has a |
---|
4000 | 4000 | | population of 125,500 [121,000] or less and the rights to the water |
---|
4001 | 4001 | | produced from the well are owned by a political subdivision that is |
---|
4002 | 4002 | | not a municipality, or by a municipality that has a population of |
---|
4003 | 4003 | | 133,000 [115,000] or less, and that purchased, owned, or held |
---|
4004 | 4004 | | rights to the water before the date on which the district was |
---|
4005 | 4005 | | created, regardless of the date the well is drilled or the water is |
---|
4006 | 4006 | | produced. The district may not prohibit the political subdivision |
---|
4007 | 4007 | | or municipality from transporting produced water inside or outside |
---|
4008 | 4008 | | the district's boundaries. |
---|
4009 | 4009 | | SECTION 281. Section 51.537(a), Water Code, is amended to |
---|
4010 | 4010 | | read as follows: |
---|
4011 | 4011 | | (a) This section applies only to a municipality any portion |
---|
4012 | 4012 | | of which is located in a county with a population of more than 1.2 |
---|
4013 | 4013 | | [1] million and less than 1.5 million. |
---|
4014 | 4014 | | SECTION 282. Section 54.016(h), Water Code, is amended to |
---|
4015 | 4015 | | read as follows: |
---|
4016 | 4016 | | (h) A city, other than a city with a population of more than |
---|
4017 | 4017 | | one million that is located primarily in a county with a population |
---|
4018 | 4018 | | of 2.5 [two] million or more, may provide in its written consent for |
---|
4019 | 4019 | | the inclusion of land in a district that after annexation the city |
---|
4020 | 4020 | | may set rates for water and/or sewer services for property that was |
---|
4021 | 4021 | | within the territorial boundary of such district at the time of |
---|
4022 | 4022 | | annexation, which rates may vary from those for other properties |
---|
4023 | 4023 | | within the city for the purpose of wholly or partially compensating |
---|
4024 | 4024 | | the city for the assumption of obligation under this code providing |
---|
4025 | 4025 | | that: |
---|
4026 | 4026 | | (1) such written consent contains a contract entered |
---|
4027 | 4027 | | into by the city and the persons petitioning for creation of the |
---|
4028 | 4028 | | district setting forth the time and/or the conditions of annexation |
---|
4029 | 4029 | | by the city which annexation shall not occur prior to the |
---|
4030 | 4030 | | installation of 90 percent of the facilities for which district |
---|
4031 | 4031 | | bonds were authorized in the written consent; and that |
---|
4032 | 4032 | | (2) the contract sets forth the basis on which rates |
---|
4033 | 4033 | | are to be charged for water and/or sewer services following |
---|
4034 | 4034 | | annexation and the length of time they may vary from those rates |
---|
4035 | 4035 | | charged elsewhere in the city; and that |
---|
4036 | 4036 | | (3) the contract may set forth the time, conditions, |
---|
4037 | 4037 | | or lands to be annexed by the district; and that |
---|
4038 | 4038 | | (4)(A) Each purchaser of land within a district which |
---|
4039 | 4039 | | has entered into a contract with a city concerning water and/or |
---|
4040 | 4040 | | sewer rates as set forth herein shall be furnished by the seller at |
---|
4041 | 4041 | | or prior to the final closing of the sale and purchase with a |
---|
4042 | 4042 | | separate written notice, executed and acknowledged by the seller, |
---|
4043 | 4043 | | which shall contain the following information: |
---|
4044 | 4044 | | (i) the basis on which the monthly water |
---|
4045 | 4045 | | and/or sewer rate is to be charged under the contract stated as a |
---|
4046 | 4046 | | percentage of the water and/or sewer rates of the city; |
---|
4047 | 4047 | | (ii) the length of time such rates will be |
---|
4048 | 4048 | | in effect; |
---|
4049 | 4049 | | (iii) the time and/or conditions of |
---|
4050 | 4050 | | annexation by the city implementing such rates. |
---|
4051 | 4051 | | The provisions of Sections 49.452(g)-(p) and (s), Water Code, |
---|
4052 | 4052 | | are herein incorporated by reference thereto, and are applicable to |
---|
4053 | 4053 | | the separate written notice required by Section 54.016(h)(4). |
---|
4054 | 4054 | | A suit for damages under the provisions of these referenced |
---|
4055 | 4055 | | sections must be brought within 90 days after the purchaser |
---|
4056 | 4056 | | receives his or her first water and/or sewer service charge |
---|
4057 | 4057 | | following annexation, or the purchaser loses his or her right to |
---|
4058 | 4058 | | seek damages under this referenced section. |
---|
4059 | 4059 | | (B) The governing board of any district covered |
---|
4060 | 4060 | | by the provisions of this subsection shall file with the county |
---|
4061 | 4061 | | clerk in each of the counties in which all or part of the district is |
---|
4062 | 4062 | | located a duly affirmed and acknowledged statement which includes |
---|
4063 | 4063 | | the information required in Section 54.016(h)(4)(A) and a complete |
---|
4064 | 4064 | | and accurate map or plat showing the boundaries of the district. |
---|
4065 | 4065 | | The provisions of Sections 49.455(c)-(j), Water Code, are |
---|
4066 | 4066 | | herein incorporated by reference thereto. |
---|
4067 | 4067 | | SECTION 283. Section 54.813(a), Water Code, is amended to |
---|
4068 | 4068 | | read as follows: |
---|
4069 | 4069 | | (a) This section applies only to a municipality any portion |
---|
4070 | 4070 | | of which is located in a county with a population of more than 1.2 |
---|
4071 | 4071 | | [1] million and less than 1.5 million. |
---|
4072 | 4072 | | SECTION 284. Section 1, Chapter 511 (H.B. 589), Acts of the |
---|
4073 | 4073 | | 58th Legislature, Regular Session, 1963 (Article 2676a, Vernon's |
---|
4074 | 4074 | | Texas Civil Statutes), is amended to read as follows: |
---|
4075 | 4075 | | Sec. 1. From and after the effective date of this act in any |
---|
4076 | 4076 | | county in this state having a population of not less than 372,000 |
---|
4077 | 4077 | | [312,000] and not more than 400,000 [330,000], the general |
---|
4078 | 4078 | | management and control of the public free schools and high schools |
---|
4079 | 4079 | | in each county unless otherwise provided by law shall be vested in |
---|
4080 | 4080 | | five (5) county school trustees elected from the county, one of whom |
---|
4081 | 4081 | | shall be elected from the county at large by the qualified voters of |
---|
4082 | 4082 | | the county and one from each commissioners precinct by the |
---|
4083 | 4083 | | qualified voters of each commissioners precinct, who shall hold |
---|
4084 | 4084 | | office for a term of two (2) years. The time for such election shall |
---|
4085 | 4085 | | be the first Saturday in April of each year; the order for the |
---|
4086 | 4086 | | election of county school trustees to be made by the County Judge at |
---|
4087 | 4087 | | least thirty (30) days prior to the date of said election, and which |
---|
4088 | 4088 | | order shall designate as voting places or places at which votes are |
---|
4089 | 4089 | | cast for the district trustees of said common and independent |
---|
4090 | 4090 | | school districts, respectively. The election officers appointed to |
---|
4091 | 4091 | | hold the election for district trustees in each of said school |
---|
4092 | 4092 | | districts, respectively, shall hold this election for county school |
---|
4093 | 4093 | | trustees. |
---|
4094 | 4094 | | SECTION 285. Section 1, Chapter 233 (H.B. 459), Acts of the |
---|
4095 | 4095 | | 59th Legislature, Regular Session, 1965 (Article 2676b, Vernon's |
---|
4096 | 4096 | | Texas Civil Statutes), is amended to read as follows: |
---|
4097 | 4097 | | Sec. 1. This Act applies to a county-wide school district in |
---|
4098 | 4098 | | a county having a population of more than 4,700 [5,250] and less |
---|
4099 | 4099 | | than 4,900 [5,350]. The Board of Trustees may order that the |
---|
4100 | 4100 | | trustees of the district shall run at large in the county. If the |
---|
4101 | 4101 | | Board orders that its members shall run at large, each position |
---|
4102 | 4102 | | shall be filled by election from the county at large upon expiration |
---|
4103 | 4103 | | of the current term of office. |
---|
4104 | 4104 | | SECTION 286. Section 1(b), Chapter 63 (S.B. 100), Acts of |
---|
4105 | 4105 | | the 57th Legislature, 3rd Called Session, 1962 (Article 2688h, |
---|
4106 | 4106 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4107 | 4107 | | (b) From and after May 1, 1962, the office of the county |
---|
4108 | 4108 | | board of school trustees and the office of county superintendent |
---|
4109 | 4109 | | shall cease to exist in any county in this State having a population |
---|
4110 | 4110 | | of not less than 315,000 [285,000] and not more than 351,000 |
---|
4111 | 4111 | | [300,000] which has no common school district and whose county ad |
---|
4112 | 4112 | | valorem evaluation is in excess of Two Hundred Fifty Million |
---|
4113 | 4113 | | Dollars ($250,000,000); provided, however, that the county |
---|
4114 | 4114 | | superintendents in such counties who have been heretofore elected |
---|
4115 | 4115 | | or appointed to the office of county superintendent shall serve |
---|
4116 | 4116 | | until the expiration of the term for which they were elected or |
---|
4117 | 4117 | | appointed. The duties now performed by the board of school trustees |
---|
4118 | 4118 | | and county superintendents in such counties shall be performed by |
---|
4119 | 4119 | | the County Judges of such counties. |
---|
4120 | 4120 | | SECTION 287. Sections 5 and 6, Chapter 706 (H.B. 1015), Acts |
---|
4121 | 4121 | | of the 59th Legislature, Regular Session, 1965 (Article 2688i-1, |
---|
4122 | 4122 | | Vernon's Texas Civil Statutes), are amended to read as follows: |
---|
4123 | 4123 | | Sec. 5. The provisions of this Act shall not apply to |
---|
4124 | 4124 | | counties having a population of not less than 4,700 [5,250] and not |
---|
4125 | 4125 | | more than 4,900 [5,350] and to counties having a population of not |
---|
4126 | 4126 | | less than 57,000 [54,000] and not more than 57,900 [54,500]. |
---|
4127 | 4127 | | Sec. 6. No county having a population of more than 28,450 |
---|
4128 | 4128 | | [30,000] and less than 29,000 or a population of more than 31,045 |
---|
4129 | 4129 | | and less than 31,247 [32,000] shall have the offices of county |
---|
4130 | 4130 | | school superintendent, ex officio county school superintendent, |
---|
4131 | 4131 | | and county board of education. |
---|
4132 | 4132 | | All duties and functions, except as hereafter provided, that |
---|
4133 | 4133 | | are otherwise required by law of the office of county school |
---|
4134 | 4134 | | superintendent or ex officio county school superintendent governed |
---|
4135 | 4135 | | by this section shall be performed by the superintendents of the |
---|
4136 | 4136 | | independent and rural high school districts, and all duties that |
---|
4137 | 4137 | | may otherwise be required by law of the county board of education |
---|
4138 | 4138 | | governed by this section shall be performed by the elected Board of |
---|
4139 | 4139 | | Trustees of such independent and rural high school districts, |
---|
4140 | 4140 | | except that the County Judge shall, without pay from the State of |
---|
4141 | 4141 | | Texas, continue to approve or disapprove application for school |
---|
4142 | 4142 | | transfers. The Commissioners Court of such county shall hereafter |
---|
4143 | 4143 | | receive, hear and pass upon all petitions for the calling of |
---|
4144 | 4144 | | elections for the creation, change or abolishment of county school |
---|
4145 | 4145 | | districts and all authorized appeals from the independent school |
---|
4146 | 4146 | | Board of Trustees shall be made directly to the State Board of |
---|
4147 | 4147 | | Education or to the courts as provided by law. |
---|
4148 | 4148 | | All school records of the original independent and/or common |
---|
4149 | 4149 | | school district governed by this section, shall be transferred to |
---|
4150 | 4150 | | the control and custody of the independent school district office, |
---|
4151 | 4151 | | located at the county seat, save and except the original financial |
---|
4152 | 4152 | | records which shall be retained by the county treasurer, and |
---|
4153 | 4153 | | thereafter the County Judge shall be required to make no records or |
---|
4154 | 4154 | | reports but said reports shall be made by the superintendent of such |
---|
4155 | 4155 | | independent or rural school district; that as soon as practicable |
---|
4156 | 4156 | | after the effective date of this Act, all remaining State funds in |
---|
4157 | 4157 | | the hands of the county board of education shall be transferred by |
---|
4158 | 4158 | | the county treasurer and the County Judge to the independent and |
---|
4159 | 4159 | | rural high school districts in proportion to the number of |
---|
4160 | 4160 | | scholastics enrolled in such districts. |
---|
4161 | 4161 | | SECTION 288. Section 31A(b), Texas Local Fire Fighters |
---|
4162 | 4162 | | Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is |
---|
4163 | 4163 | | amended to read as follows: |
---|
4164 | 4164 | | (b) This section applies only to a municipality: |
---|
4165 | 4165 | | (1) with a population of less than 200,000; |
---|
4166 | 4166 | | (2) that is located in a county with a population of |
---|
4167 | 4167 | | not less than 2.5 [2] million and not more than 4 million; |
---|
4168 | 4168 | | (3) that has a regularly organized fire department for |
---|
4169 | 4169 | | which a retirement system and fund have been established under |
---|
4170 | 4170 | | Section 4 of this Act; and |
---|
4171 | 4171 | | (4) that before January 1, 2017, has one or more |
---|
4172 | 4172 | | departments participating in the Texas Municipal Retirement |
---|
4173 | 4173 | | System. |
---|
4174 | 4174 | | SECTION 289. Section 1.01, Chapter 183 (S.B. 598), Acts of |
---|
4175 | 4175 | | the 64th Legislature, Regular Session, 1975 (Article 6243e.1, |
---|
4176 | 4176 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4177 | 4177 | | Sec. 1.01. APPLICABILITY. This Act applies only to a |
---|
4178 | 4178 | | municipality having a population of more than 950,000 [750,000] and |
---|
4179 | 4179 | | less than 1,050,000 [850,000]. |
---|
4180 | 4180 | | SECTION 290. Section 1, Chapter 103 (S.B. 622), Acts of the |
---|
4181 | 4181 | | 62nd Legislature, Regular Session, 1971 (Article 6243f-1, Vernon's |
---|
4182 | 4182 | | Texas Civil Statutes), is amended to read as follows: |
---|
4183 | 4183 | | Sec. 1. No member of a fire department in any city or town in |
---|
4184 | 4184 | | this state having a population of not less than 900,000 [700,000] |
---|
4185 | 4185 | | nor more than 950,000 [750,000] shall be involuntarily retired |
---|
4186 | 4186 | | prior to reaching the mandatory retirement age set for such cities' |
---|
4187 | 4187 | | employees unless he is physically unable to perform his duties. In |
---|
4188 | 4188 | | the event he is physically unable to perform his duties, he shall be |
---|
4189 | 4189 | | allowed to use all of his accumulated sick leave, before |
---|
4190 | 4190 | | retirement. |
---|
4191 | 4191 | | SECTION 291. Section 1(a), Chapter 451 (S.B. 737), Acts of |
---|
4192 | 4192 | | the 72nd Legislature, Regular Session, 1991 (Article 6243n, |
---|
4193 | 4193 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4194 | 4194 | | (a) A retirement system is established by this Act for |
---|
4195 | 4195 | | employees of each municipality having a population of more than |
---|
4196 | 4196 | | 950,000 [760,000] and less than 1,050,000 [860,000]. |
---|
4197 | 4197 | | SECTION 292. Section 1.01, Chapter 452 (S.B. 738), Acts of |
---|
4198 | 4198 | | the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, |
---|
4199 | 4199 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4200 | 4200 | | Sec. 1.01. APPLICABILITY AND DEFINITIONS. This Act applies |
---|
4201 | 4201 | | only to a municipality having a population of more than 950,000 |
---|
4202 | 4202 | | [750,000] and less than 1,050,000 [850,000]. |
---|
4203 | 4203 | | SECTION 293. Section 1.03, Chapter 824 (S.B. 817), Acts of |
---|
4204 | 4204 | | the 73rd Legislature, Regular Session, 1993 (Article 6243o, |
---|
4205 | 4205 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4206 | 4206 | | Sec. 1.03. APPLICABILITY. This Act applies to paid fire and |
---|
4207 | 4207 | | police departments of a municipality with a population between 1.4 |
---|
4208 | 4208 | | [1.3] million and 1.7 [1.5] million. |
---|
4209 | 4209 | | SECTION 294. Section 1.03, Chapter 1332 (S.B. 1568), Acts |
---|
4210 | 4210 | | of the 75th Legislature, Regular Session, 1997 (Article 6243q, |
---|
4211 | 4211 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
---|
4212 | 4212 | | Sec. 1.03. APPLICABILITY. This Act applies to a paid fire |
---|
4213 | 4213 | | and police department of a municipality with a population of 1.4 |
---|
4214 | 4214 | | [1.3] million or more but less than 1.7 [1.5] million. |
---|
4215 | 4215 | | SECTION 295. Section 1, Chapter 809 (H.B. 1687), Acts of the |
---|
4216 | 4216 | | 62nd Legislature, Regular Session, 1971 (Article 6812b-1, Vernon's |
---|
4217 | 4217 | | Texas Civil Statutes), is amended to read as follows: |
---|
4218 | 4218 | | Sec. 1. The Commissioners Court of any county having a |
---|
4219 | 4219 | | population of not less than 620,000 [425,000] nor more than 700,000 |
---|
4220 | 4220 | | [500,000] may appoint a County Engineer, but the selection shall be |
---|
4221 | 4221 | | controlled by considerations of skill and ability for the task. The |
---|
4222 | 4222 | | engineer may be selected at any regular meeting of the |
---|
4223 | 4223 | | commissioners court, or at any special meeting called for that |
---|
4224 | 4224 | | purpose. The engineer selected shall be a Registered Professional |
---|
4225 | 4225 | | Engineer in the State of Texas. The engineer shall hold his office |
---|
4226 | 4226 | | for a period of two years, his term of office expiring concurrently |
---|
4227 | 4227 | | with the terms of other county officers, and he may be removed at |
---|
4228 | 4228 | | the pleasure of the commissioners court. The engineer shall |
---|
4229 | 4229 | | receive a salary to be fixed by the commissioners court not to |
---|
4230 | 4230 | | exceed the amount of the salary paid to the highest county official, |
---|
4231 | 4231 | | to be paid out of the Road and Bridge Fund. The engineer, before |
---|
4232 | 4232 | | entering upon the discharge of his duties, shall take the oath of |
---|
4233 | 4233 | | office prescribed by law, and shall execute a bond in the sum of |
---|
4234 | 4234 | | $15,000 with a good and sufficient surety or sureties thereon, |
---|
4235 | 4235 | | payable to the county judge of the county and successors in office |
---|
4236 | 4236 | | in trust, for the use and the benefit of the Road and Bridge Fund, of |
---|
4237 | 4237 | | the county to be approved by the court, conditioned that such |
---|
4238 | 4238 | | engineer will faithfully and efficiently discharge and perform all |
---|
4239 | 4239 | | of the duties required of him by law and by the orders of said |
---|
4240 | 4240 | | commissioners court and shall faithfully and honestly and in due |
---|
4241 | 4241 | | time account for all of the money, property and materials placed in |
---|
4242 | 4242 | | his custody. |
---|
4243 | 4243 | | SECTION 296. (a) This Act is not intended to revive a law |
---|
4244 | 4244 | | that was impliedly repealed by a law enacted by the 87th Legislature |
---|
4245 | 4245 | | or a previous legislature. |
---|
4246 | 4246 | | (b) To the extent that a law enacted by the 88th |
---|
4247 | 4247 | | Legislature, Regular Session, 2023, conflicts with this Act, the |
---|
4248 | 4248 | | other law prevails, regardless of the relative dates of enactment |
---|
4249 | 4249 | | or the relative effective dates. |
---|
4250 | 4250 | | SECTION 297. This Act takes effect September 1, 2023. |
---|
4251 | 4251 | | ______________________________ ______________________________ |
---|
4252 | 4252 | | President of the Senate Speaker of the House |
---|
4253 | 4253 | | I certify that H.B. No. 4559 was passed by the House on April |
---|
4254 | 4254 | | 27, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
---|
4255 | 4255 | | voting. |
---|
4256 | 4256 | | ______________________________ |
---|
4257 | 4257 | | Chief Clerk of the House |
---|
4258 | 4258 | | I certify that H.B. No. 4559 was passed by the Senate on May |
---|
4259 | 4259 | | 17, 2023, by the following vote: Yeas 31, Nays 0. |
---|
4260 | 4260 | | ______________________________ |
---|
4261 | 4261 | | Secretary of the Senate |
---|
4262 | 4262 | | APPROVED: _____________________ |
---|
4263 | 4263 | | Date |
---|
4264 | 4264 | | _____________________ |
---|
4265 | 4265 | | Governor |
---|