Texas 2023 - 88th Regular

Texas House Bill HB4559 Compare Versions

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11 H.B. No. 4559
22
33
44 AN ACT
55 relating to the application of statutes that classify political
66 subdivisions according to population.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 147.003(a), Agriculture Code, is amended
99 to read as follows:
1010 (a) A person pursuing the business of selling mules, horses,
1111 jacks, or jennets in a county with a population of not less than 2.1
1212 [1.8] million nor more than 2.2 [1.9] million is not subject to this
1313 chapter as a livestock auction commission merchant.
1414 SECTION 2. Section 148.001, Agriculture Code, is amended to
1515 read as follows:
1616 Sec. 148.001. DEFINITION. In this chapter, "slaughterer"
1717 means a person engaged in the business of:
1818 (1) slaughtering livestock for profit; or
1919 (2) selling livestock, as a primary business, to be
2020 slaughtered by the purchaser on premises owned or operated by the
2121 seller, in a county:
2222 (A) with a population of 1.2 [one] million or
2323 more;
2424 (B) in which [that contains] two or more
2525 municipalities with a population of 280,000 [250,000] or more are
2626 wholly or primarily located;
2727 (C) that is adjacent to a county described by
2828 Paragraph (B); or
2929 (D) that is adjacent to a county described by
3030 Paragraph (C) and:
3131 (i) has a population of not more than 55,000
3232 [50,000] and contains a municipality with a population of at least
3333 20,000; or
3434 (ii) in which [contains, wholly or partly,]
3535 two or more municipalities with a population of 280,000 [250,000]
3636 or more are partly located.
3737 SECTION 3. Section 109.57(e), Alcoholic Beverage Code, is
3838 amended to read as follows:
3939 (e) A municipality located in a county that has a population
4040 of 2.2 million or more and that is adjacent to a county with a
4141 population of more than 850,000 [600,000] or a municipality located
4242 in a county with a population of 850,000 [600,000] or more and that
4343 is adjacent to a county with a population of 2.2 million or more may
4444 regulate, in a manner not otherwise prohibited by law, the location
4545 of an establishment issued a permit under Chapter 32 if:
4646 (1) the establishment derives 35 percent or more of
4747 the establishment's gross revenue from the on-premises sale or
4848 service of alcoholic beverages and the premises of the
4949 establishment are located in a dry area; and
5050 (2) the permit is not issued to a fraternal or veterans
5151 organization or the holder of a food and beverage certificate.
5252 SECTION 4. Section 251.726(a), Alcoholic Beverage Code, is
5353 amended to read as follows:
5454 (a) This section applies only to a municipality that has
5555 within its boundaries all or part of an international airport
5656 operated jointly by two municipalities and:
5757 (1) that is:
5858 (A) partially located in three counties, two of
5959 which have a population of 2.1 [1.8] million or more; and
6060 (B) primarily located in a county with a
6161 population of 2.1 [1.8] million or more; or
6262 (2) that:
6363 (A) is partially located in five counties, one of
6464 which:
6565 (i) has a population of 2.1 [1.8] million or
6666 more; and
6767 (ii) is adjacent to a county with a
6868 population of 2.2 million or more;
6969 (B) is subject to a limited purpose annexation
7070 and development agreement under Subchapter G, Chapter 212, Local
7171 Government Code; and
7272 (C) may annex an area on request of the owners of
7373 land in the area under Subchapter C-3, Chapter 43, Local Government
7474 Code.
7575 SECTION 5. Section 251.727(a), Alcoholic Beverage Code, is
7676 amended to read as follows:
7777 (a) This section applies only to:
7878 (1) a municipality that contains U.S. Highway 287 and
7979 State Highway 294 and is located in a county with a population of
8080 not less than 57,000 and not more than 59,000 on September 1, 2021;
8181 or
8282 (2) a municipality that:
8383 (A) has a municipal boundary located not more
8484 than 1.5 miles from an automobile racetrack with a seating capacity
8585 of more than 100,000;
8686 (B) has a population of more than 5,000 [1,000]
8787 and less than 5,500 [3,000]; and
8888 (C) is located entirely within a county with a
8989 population of more than 650,000 that is adjacent to two counties,
9090 each of which has a population of more than 1.8 million.
9191 SECTION 6. Section 251.742(b), Alcoholic Beverage Code, is
9292 amended to read as follows:
9393 (b) This section applies only to a municipality that:
9494 (1) has a population of 15,000 or more; and
9595 (2) is located in two counties one of which:
9696 (A) has a population of 340,000 or more;
9797 (B) contains a municipality in which at least 85
9898 percent of the county's population resides; and
9999 (C) [(B)] borders the Gulf of Mexico.
100100 SECTION 7. Article 2.21(g), Code of Criminal Procedure, is
101101 amended to read as follows:
102102 (g) A clerk in a county with a population of less than 2.5
103103 [two] million must provide written notice by mail to the attorney
104104 representing the state in the case and the attorney representing
105105 the defendant before disposing of an eligible exhibit.
106106 SECTION 8. Article 45.014(d), Code of Criminal Procedure,
107107 is amended to read as follows:
108108 (d) In a county with a population of more than 2.5 [two]
109109 million that does not have a county attorney, a justice or judge may
110110 not issue a warrant under this section for an offense under Section
111111 32.41, Penal Code, unless the district attorney has approved the
112112 complaint or affidavit on which the warrant is based.
113113 SECTION 9. Article 45.019(g), Code of Criminal Procedure,
114114 is amended to read as follows:
115115 (g) In a county with a population of more than 2.5 [two]
116116 million that does not have a county attorney, a complaint for an
117117 offense under Section 32.41, Penal Code, must be approved by the
118118 district attorney, regardless of whether a collection proceeding is
119119 initiated by the district attorney under Section 32.41(e), Penal
120120 Code.
121121 SECTION 10. Article 46B.084(a)(2), Code of Criminal
122122 Procedure, is amended to read as follows:
123123 (2) Notwithstanding Subdivision (1), in a county with
124124 a population of less than 1.2 [one] million or in a county with a
125125 population of four million or more, as soon as practicable
126126 following the date of the defendant's return to the court, the court
127127 shall provide the notice required by that subdivision to the
128128 attorney representing the state and the attorney for the defendant,
129129 and the attorney for the defendant shall meet and confer with the
130130 defendant as soon as practicable after the date of receipt of that
131131 notice.
132132 SECTION 11. Article 46B.084(a-1)(2), Code of Criminal
133133 Procedure, is amended to read as follows:
134134 (2) Notwithstanding Subdivision (1), in a county with
135135 a population of less than 1.2 [one] million or in a county with a
136136 population of four million or more, the court shall make the
137137 determination described by that subdivision not later than the 20th
138138 day after the date on which the court received notification under
139139 Article 46B.079, regardless of whether a party objects to the
140140 report as described by that subdivision and the issue is set for a
141141 hearing under Subsection (b).
142142 SECTION 12. Article 46B.084(d)(2), Code of Criminal
143143 Procedure, is amended to read as follows:
144144 (2) Notwithstanding Subdivision (1), in a county with
145145 a population of less than 1.2 [one] million or in a county with a
146146 population of four million or more, on the court's own motion
147147 criminal proceedings in the case against the defendant shall be
148148 resumed as soon as practicable after the date of the court's
149149 determination under this article that the defendant's competency
150150 has been restored.
151151 SECTION 13. Section 1, Article 49.25, Code of Criminal
152152 Procedure, is amended to read as follows:
153153 Sec. 1. OFFICE AUTHORIZED. Subject to the provisions of
154154 this article, the commissioners court of any county having a
155155 population of more than 2.5 [two] million shall establish and
156156 maintain the office of medical examiner, and the commissioners
157157 court of any county may establish and provide for the maintenance of
158158 the office of medical examiner. Population shall be according to
159159 the last preceding federal census.
160160 SECTION 14. Articles 102.014(a), (b), (f), and (g), Code of
161161 Criminal Procedure, are amended to read as follows:
162162 (a) The governing body of a municipality with a population
163163 greater than 1.3 million [850,000] according to the most recent
164164 federal decennial census that has adopted an ordinance, regulation,
165165 or order regulating the stopping, standing, or parking of vehicles
166166 as allowed by Section 542.202, Transportation Code, or Chapter 682,
167167 Transportation Code, shall by order assess on each parking
168168 violation a fine of not less than $2 and not to exceed $5.
169169 (b) The governing body of a municipality with a population
170170 less than 1.3 million [850,000] according to the most recent
171171 federal decennial census that has adopted an ordinance, regulation,
172172 or order regulating the stopping, standing, or parking of vehicles
173173 as allowed by Section 542.202, Transportation Code, or Chapter 682,
174174 Transportation Code, may by order assess on each parking violation
175175 a fine not to exceed $5.
176176 (f) In a municipality with a population greater than 1.3
177177 million [850,000] according to the most recent federal decennial
178178 census, the officer collecting a fine in a municipal court case
179179 shall deposit money collected under this article in the municipal
180180 child safety trust fund established as required by Chapter 106,
181181 Local Government Code.
182182 (g) In a municipality with a population less than 1.3
183183 million [850,000] according to the most recent federal decennial
184184 census, the money collected under this article in a municipal court
185185 case must be used for a school crossing guard program if the
186186 municipality operates one. If the municipality does not operate a
187187 school crossing guard program or if the money received from fines
188188 from municipal court cases exceeds the amount necessary to fund the
189189 school crossing guard program, the municipality may:
190190 (1) deposit the additional money in an
191191 interest-bearing account;
192192 (2) expend the additional money for programs designed
193193 to enhance child safety, health, or nutrition, including child
194194 abuse prevention and intervention and drug and alcohol abuse
195195 prevention; or
196196 (3) expend the additional money for programs designed
197197 to enhance public safety and security.
198198 SECTION 15. Section 11.0581(a), Education Code, is amended
199199 to read as follows:
200200 (a) An election for trustees of an independent school
201201 district shall be held on the same date as:
202202 (1) the election for the members of the governing body
203203 of a municipality located in the school district;
204204 (2) the general election for state and county
205205 officers;
206206 (3) the election for the members of the governing body
207207 of a hospital district, if the school district:
208208 (A) is wholly or partly located in a county with a
209209 population of less than 50,000 [40,000] that is adjacent to a county
210210 with a population of more than three million; and
211211 (B) held its election for trustees jointly with
212212 the election for the members of the governing body of the hospital
213213 district before May 2007; or
214214 (4) the election for the members of the governing
215215 board of a public junior college district in which the school
216216 district is wholly or partly located.
217217 SECTION 16. Section 11.065(a), Education Code, is amended
218218 to read as follows:
219219 (a) Sections 11.052(g) and (h) and Sections 11.059(a) and
220220 (b) do not apply to the board of trustees of a school district if:
221221 (1) the district's central administrative office is
222222 located in a county with a population of more than 2.5 [two]
223223 million; and
224224 (2) the district's student enrollment is more than
225225 125,000 and less than 200,000.
226226 SECTION 17. Section 11.151(f), Education Code, is amended
227227 to read as follows:
228228 (f) For purposes of this section, a county board of
229229 education, as defined by a board of county school trustees, and
230230 office of county school superintendent in a county with a
231231 population of 2.5 [2.2] million or more and that is adjacent to a
232232 county with a population of more than one million [800,000] are
233233 included within the definition of a school district and subject to
234234 the oversight of the agency.
235235 SECTION 18. Section 25.093(b), Education Code, is amended
236236 to read as follows:
237237 (b) The attendance officer or other appropriate school
238238 official shall file a complaint against the parent in:
239239 (1) the constitutional county court of the county in
240240 which the parent resides or in which the school is located, if the
241241 county has a population of 2.1 [1.75] million or more;
242242 (2) a justice court of any precinct in the county in
243243 which the parent resides or in which the school is located; or
244244 (3) a municipal court of the municipality in which the
245245 parent resides or in which the school is located.
246246 SECTION 19. Sections 37.011(a-2) and (a-3), Education Code,
247247 are amended to read as follows:
248248 (a-2) For purposes of this section and Section 37.010(a), a
249249 county with a population greater than 125,000 is considered to be a
250250 county with a population of 125,000 or less if the county:
251251 (1) has a population of 195,000 [180,000] or less;
252252 (2) is adjacent to two counties, each of which has a
253253 population of more than 1.7 million; and
254254 (3) has seven or more school districts located wholly
255255 within the county's boundaries.
256256 (a-3) For purposes of this section and Section 37.010(a), a
257257 county with a population greater than 125,000 is considered to be a
258258 county with a population of 125,000 or less if the county:
259259 (1) has a population of more than 200,000 and less than
260260 233,500 [220,000];
261261 (2) has five or more school districts located wholly
262262 within the county's boundaries; and
263263 (3) has located in the county a juvenile justice
264264 alternative education program that, on May 1, 2011, served fewer
265265 than 15 students.
266266 SECTION 20. Section 38.007(b), Education Code, is amended
267267 to read as follows:
268268 (b) The board of trustees of a school district shall attempt
269269 to provide a safe alcohol-free environment to students coming to or
270270 going from school. The board of trustees may cooperate with local
271271 law enforcement officials and the Texas Alcoholic Beverage
272272 Commission in attempting to provide this environment and in
273273 enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage
274274 Code. Additionally, the board, if a majority of the area of a
275275 district is located in a municipality with a population of 1.3
276276 million [900,000] or more, may petition the commissioners court of
277277 the county in which the district is located or the governing board
278278 of an incorporated city or town in which the district is located to
279279 adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage
280280 Code.
281281 SECTION 21. Section 45.105(e), Education Code, is amended
282282 to read as follows:
283283 (e) The governing body of an independent school district
284284 that governs a junior college district under Subchapter B, Chapter
285285 130, in a county with a population of more than 2.5 [two] million
286286 may dedicate a specific percentage of the local tax levy to the use
287287 of the junior college district for facilities and equipment or for
288288 the maintenance and operating expenses of the junior college
289289 district. To be effective, the dedication must be made by the
290290 governing body on or before the date on which the governing body
291291 adopts its tax rate for a year. The amount of local tax funds
292292 derived from the percentage of the local tax levy dedicated to a
293293 junior college district from a tax levy may not exceed the amount
294294 that would be levied by five percent of the no-new-revenue tax rate
295295 for the tax year calculated as provided by Section 26.04, Tax Code,
296296 on all property taxable by the school district. All real property
297297 purchased with these funds is the property of the school district,
298298 but is subject to the exclusive control of the governing body of the
299299 junior college district for as long as the junior college district
300300 uses the property for educational purposes.
301301 SECTION 22. Section 51.214(a), Education Code, is amended
302302 to read as follows:
303303 (a) In any municipality with a population of 1.18 million or
304304 more located primarily in a county with a population of 2.5 [2]
305305 million or more, the governing board of a private, nonprofit
306306 medical corporation, or of the parent corporation of such medical
307307 corporation, that provides police or security services for an
308308 institution of higher education or a private postsecondary
309309 educational institution located within one of the medical
310310 corporation's or parent corporation's medical complexes, or that
311311 provides police or security services for another medical complex
312312 legally affiliated with or owned, leased, managed, or controlled by
313313 the medical corporation or parent corporation, may employ and
314314 commission police or security personnel to enforce the law of this
315315 state within the jurisdiction designated by Subsection (c).
316316 SECTION 23. Section 53A.49(a), Education Code, is amended
317317 to read as follows:
318318 (a) In the same manner that a corporation may issue bonds
319319 under this chapter for an institution of higher education, a
320320 corporation created under Section 53A.35(b) may issue bonds to
321321 finance or refinance educational facilities to be used by a school
322322 that:
323323 (1) is located in a county with a population of more
324324 than 2.5 [two] million;
325325 (2) is located within three miles of an area
326326 designated as an enterprise zone under Chapter 2303, Government
327327 Code;
328328 (3) provides primary and secondary education to at
329329 least 1,000 students;
330330 (4) is accredited by an organization approved by the
331331 Texas Education Agency for private school accreditation; and
332332 (5) is owned and operated by a corporation created
333333 under the Texas Nonprofit Corporation Law, as described by Section
334334 1.008(d), Business Organizations Code [Texas Non-Profit
335335 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
336336 Statutes)].
337337 SECTION 24. Section 61.0764(b), Education Code, is amended
338338 to read as follows:
339339 (b) The board shall select one licensed hospital located in
340340 a county that borders the United Mexican States and that has a
341341 population of [at least 700,000 and not] more than 870,000
342342 [800,000] to participate in the pilot program. The hospital must
343343 be accredited by The Joint Commission and:
344344 (1) have been issued:
345345 (A) a certificate of approval to offer a program
346346 of instruction by the Texas Workforce Commission under Subchapter
347347 C, Chapter 132; or
348348 (B) a certificate of authority to award a degree
349349 for a program of study by the board under Subchapter G of this
350350 chapter;
351351 (2) be accredited to offer a degree program by the
352352 appropriate recognized regional accrediting agency; or
353353 (3) must:
354354 (A) have entered into a partnership with an
355355 institution of higher education to offer dual credit courses under
356356 the pilot program; and
357357 (B) be seeking authorization to offer a program
358358 of instruction or study as described by Subdivision (1) or
359359 accreditation to offer a degree program as described by Subdivision
360360 (2).
361361 SECTION 25. Section 130.082(i), Education Code, is amended
362362 to read as follows:
363363 (i) The election of trustees of a countywide junior or
364364 community college district that contains a city with a population
365365 of more than 1.18 million located primarily in a county with a
366366 population of 2.5 [2] million or more shall be held on the first
367367 Saturday in April of each even-numbered year. When a runoff
368368 election is necessary, the board may order the election for a date
369369 to coincide with the date of the runoff election for city officials,
370370 if the city is holding a runoff election; otherwise, the board
371371 shall set the date of the runoff election for not later than three
372372 weeks following the regular election.
373373 SECTION 26. Section 31.039(g), Election Code, is amended to
374374 read as follows:
375375 (g) Section 31.035(b) does not apply to a person employed on
376376 a full-time basis by the administrator's office in a county with a
377377 population of 1.2 [one] million or less that has an election
378378 administrator.
379379 SECTION 27. Section 31.160(e), Election Code, is amended to
380380 read as follows:
381381 (e) The joint elections administrator for a county with a
382382 population of 1.2 [one] million or more that has an elections
383383 administrator is subject to Section 31.035 in the same manner as a
384384 county elections administrator. A person employed on a full-time
385385 basis by the joint elections administrator's office for that county
386386 is subject to Section 31.035 in the same manner as the joint
387387 elections administrator.
388388 SECTION 28. Section 85.066(b), Election Code, is amended to
389389 read as follows:
390390 (b) For a countywide election in a county with a population
391391 of more than 3.3 [2.5] million and a primary election in a county
392392 with a population of more than 1 million in which temporary branch
393393 polling places are established under Section 85.062(d)(1), the
394394 commissioners court may limit voting at a temporary branch polling
395395 place to the voters of particular state representative districts.
396396 To the extent practicable, the state representative districts shall
397397 be grouped so that the temporary branch polling places in each group
398398 serve substantially equal numbers of voters. A maximum of four
399399 groups of state representative districts may be established under
400400 this subsection.
401401 SECTION 29. Section 143.005(e), Election Code, is amended
402402 to read as follows:
403403 (e) If the city charter of a home-rule city with a
404404 population of more than 1.18 million located primarily in a county
405405 with a population of 2.5 [2] million or more that holds nonpartisan
406406 elections for its offices requires both a petition and a $50 fee to
407407 be filed for a candidate's name to be placed on the ballot, those
408408 requirements supersede this section.
409409 SECTION 30. Section 172.024(a), Election Code, is amended
410410 to read as follows:
411411 (a) The filing fee for a candidate for nomination in the
412412 general primary election is as follows:
413413 (1) United States senator $5,000
414414 (2) office elected statewide, except United States
415415 senator 3,750
416416 (3) United States representative 3,125
417417 (4) state senator 1,250
418418 (5) state representative 750
419419 (6) member, State Board of Education 300
420420 (7) chief justice or justice, court of appeals, other
421421 than a justice specified by Subdivision (8) 1,875
422422 (8) chief justice or justice of a court of appeals that
423423 serves a court of appeals district in which a county with a
424424 population of more than 1.2 [one] million is wholly or partly
425425 situated 2,500
426426 (9) district judge or judge specified by Section
427427 52.092(d) for which this schedule does not otherwise prescribe a
428428 fee 1,500
429429 (10) district or criminal district judge of a court in
430430 a judicial district wholly contained in a county with a population
431431 of more than 1.5 million 2,500
432432 (11) judge, statutory county court, other than a judge
433433 specified by Subdivision (12) 1,500
434434 (12) judge of a statutory county court in a county with
435435 a population of more than 1.5 million 2,500
436436 (13) district attorney, criminal district attorney,
437437 or county attorney performing the duties of a district attorney
438438 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,250
439439 (14) county commissioner, district clerk, county
440440 clerk, sheriff, county tax assessor-collector, county treasurer,
441441 or judge, constitutional county court:
442442 (A) county with a population of 200,000 or more
443443 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,250
444444 (B) county with a population of under 200,000
445445 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750
446446 (15) justice of the peace or constable:
447447 (A) county with a population of 200,000 or more
448448 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000
449449 (B) county with a population of under 200,000
450450 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
451451 (16) county surveyor 75
452452 (17) office of the county government for which this
453453 schedule does not otherwise prescribe a fee 750
454454 SECTION 31. Section 65.004(a), Family Code, is amended to
455455 read as follows:
456456 (a) The following are designated as truancy courts:
457457 (1) in a county with a population of 2.1 [1.75] million
458458 or more, the constitutional county court;
459459 (2) justice courts; and
460460 (3) municipal courts.
461461 SECTION 32. Section 84.002(a), Family Code, is amended to
462462 read as follows:
463463 (a) On the request of the prosecuting attorney in a county
464464 with a population of more than 2.5 [two] million or in a county in a
465465 judicial district that is composed of more than one county, the
466466 district court shall set the hearing on a date and time not later
467467 than 20 days after the date the application is filed or 20 days
468468 after the date a request is made to reschedule a hearing under
469469 Section 84.003.
470470 SECTION 33. Section 105.009(m), Family Code, as added by
471471 Chapter 1171 (H.B. 3531), Acts of the 79th Legislature, Regular
472472 Session, 2005, is amended to read as follows:
473473 (m) A course under this section in a suit filed in a county
474474 with a population of more than 2.5 [two] million that is adjacent to
475475 a county with a population of more than one million must be
476476 available in both English and Spanish.
477477 SECTION 34. Section 26.045(d), Government Code, is amended
478478 to read as follows:
479479 (d) A county court in a county with a population of 2.1
480480 [1.75] million or more has original jurisdiction over cases
481481 alleging a violation of Section 25.093, Education Code, or alleging
482482 truant conduct under Section 65.003(a), Family Code.
483483 SECTION 35. Section 27.055(g), Government Code, is amended
484484 to read as follows:
485485 (g) This subsection applies to a county with a population of
486486 at least 135,000 [120,000] but not more than 145,000 [130,000],
487487 with territory less than 940 square miles that includes a state
488488 park, and with not more than two justice precincts provided that at
489489 least one of the precincts contains all or part of a municipality
490490 with a population of at least 195,000 [190,000] but not more than
491491 205,000 [200,000]. The county judge of a county to which this
492492 subsection applies may appoint a qualified person to serve as a
493493 temporary justice of the peace for the precinct within which a
494494 municipality or part of a municipality is located to hold court and
495495 perform the duties of the justice when necessary to dispose of
496496 accumulated business in the precinct.
497497 SECTION 36. Section 51.501(c), Government Code, is amended
498498 to read as follows:
499499 (c) The commissioners court of a county that has a
500500 population of 5,415 [5,800] to 5,515 [5,900] shall determine
501501 whether the county shall have a joint clerk but may not take action
502502 to prevent a district clerk, county clerk, or joint clerk from
503503 serving the full term of office to which the clerk was elected.
504504 SECTION 37. Section 54.1171, Government Code, is amended to
505505 read as follows:
506506 Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter
507507 applies to a constitutional county court in a county with a
508508 population of 2.1 [1.75] million or more.
509509 SECTION 38. Section 54.1951, Government Code, is amended to
510510 read as follows:
511511 Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter
512512 applies to a constitutional county court in a county that:
513513 (1) has a population of more than 820,000 [585,000];
514514 and
515515 (2) is contiguous to a county with a population of at
516516 least four million.
517517 SECTION 39. Section 62.011(b), Government Code, is amended
518518 to read as follows:
519519 (b) A plan authorized by this section for the selection of
520520 names of prospective jurors must:
521521 (1) be proposed in writing to the commissioners court
522522 by a majority of the district and criminal district judges of the
523523 county at a meeting of the judges called for that purpose;
524524 (2) specify that the source of names of persons for
525525 jury service is the same as that provided by Section 62.001 and that
526526 the names of persons listed in a register of persons exempt from
527527 jury service may not be used in preparing the record of names from
528528 which a jury list is selected, as provided by Sections 62.108 and
529529 62.109;
530530 (3) provide a fair, impartial, and objective method of
531531 selecting names of persons for jury service with the aid of
532532 electronic or mechanical equipment;
533533 (4) designate the district clerk, or in a county with a
534534 population of at least 1.7 million and in which more than 70 [75]
535535 percent of the population resides in a single municipality, a
536536 bailiff appointed as provided under Section 62.019, as the officer
537537 in charge of the selection process and define the officer's duties;
538538 and
539539 (5) provide that the method of selection either will
540540 use the same record of names for the selection of persons for jury
541541 service until that record is exhausted or will use the same record
542542 of names for a period of time specified by the plan.
543543 SECTION 40. Section 62.0145, Government Code, is amended to
544544 read as follows:
545545 Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
546546 PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
547547 written summons for jury service sent by a sheriff, constable, or
548548 bailiff is undeliverable, the county or district clerk may remove
549549 from the jury wheel the jury wheel card for the person summoned or
550550 the district clerk, or in a county with a population of at least 1.7
551551 million and in which more than 70 [75] percent of the population
552552 resides in a single municipality, a bailiff appointed as provided
553553 under Section 62.019, may remove the person's name from the record
554554 of names for selection of persons for jury service under Section
555555 62.011.
556556 SECTION 41. Section 62.021, Government Code, is amended to
557557 read as follows:
558558 Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a
559559 county with a population of 2.5 [two] million or more, a prospective
560560 juror removed from a jury panel for cause, by peremptory challenge
561561 or for any other reason, must be dismissed from jury
562562 service. After dismissal, the person may not be placed on another
563563 jury panel until the person's [his] name is returned to the jury
564564 wheel and drawn again for jury service.
565565 SECTION 42. Sections 403.302(c-1) and (e-1), Government
566566 Code, are amended to read as follows:
567567 (c-1) This subsection applies only to a school district
568568 whose central administrative office is located in a county with a
569569 population of 10,000 [9,000] or less and a total area of more than
570570 6,000 square miles. If after conducting the study for a tax year
571571 the comptroller determines that the local value for a school
572572 district is not valid, the comptroller shall adjust the taxable
573573 value determined under Subsections (a) and (b) as follows:
574574 (1) for each category of property sampled and tested
575575 by the comptroller in the school district, the comptroller shall
576576 use the weighted mean appraisal ratio determined by the study,
577577 unless the ratio is more than four percentage points lower than the
578578 weighted mean appraisal ratio determined by the comptroller for
579579 that category of property in the immediately preceding study, in
580580 which case the comptroller shall use the weighted mean appraisal
581581 ratio determined in the immediately preceding study minus four
582582 percentage points;
583583 (2) the comptroller shall use the category weighted
584584 mean appraisal ratios as adjusted under Subdivision (1) to
585585 establish a value estimate for each category of property sampled
586586 and tested by the comptroller in the school district; and
587587 (3) the value estimates established under Subdivision
588588 (2), together with the local tax roll value for any categories not
589589 sampled and tested by the comptroller, less total deductions
590590 determined by the comptroller, determine the taxable value for the
591591 school district.
592592 (e-1) This subsection applies only to a reinvestment zone
593593 created by a municipality that has a population of 83,000 [70,000]
594594 or less and is located in a county in which all or part of a military
595595 installation is located. Notwithstanding Subsection (e), if on or
596596 after January 1, 2017, the municipality adopts an ordinance
597597 designating a termination date for the zone that is later than the
598598 termination date designated in the ordinance creating the zone, the
599599 number of years for which the total dollar amount may be deducted
600600 under Subsection (d)(4) is limited to the duration of the zone as
601601 determined under Section 311.017, Tax Code.
602602 SECTION 43. Section 476.0002, Government Code, is amended
603603 to read as follows:
604604 Sec. 476.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only
605605 a municipality with a population of one million [850,000] or more is
606606 eligible as an endorsing municipality under this chapter.
607607 SECTION 44. Section 477.0002, Government Code, is amended
608608 to read as follows:
609609 Sec. 477.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only
610610 a municipality with a population of one million [850,000] or more is
611611 eligible as an endorsing municipality under this chapter.
612612 SECTION 45. Section 533.00257(j), Government Code, is
613613 amended to read as follows:
614614 (j) The [Notwithstanding Subsection (i), the] commission
615615 may not delay providing medical transportation program services
616616 through a managed transportation delivery model in:
617617 (1) a county with a population of one million
618618 [750,000] or more:
619619 (A) in which all or part of a municipality with a
620620 population of one million or more is located; and
621621 (B) that is located adjacent to a county with a
622622 population of 2.5 [two] million or more; or
623623 (2) a county with a population of at least 60,000
624624 [55,000] but not more than 70,000 [65,000] that is located adjacent
625625 to a county with a population of at least 500,000 but not more than
626626 1.5 million.
627627 SECTION 46. Section 791.037(b), Government Code, is amended
628628 to read as follows:
629629 (b) This section applies only to a county with a population
630630 of more than 1.7 [1.5] million in which more than 70 [75] percent of
631631 the population resides in a single municipality.
632632 SECTION 47. Section 803.0021, Government Code, is amended
633633 to read as follows:
634634 Sec. 803.0021. APPLICATION OF CHAPTER. This chapter
635635 applies only to:
636636 (1) a retirement system for general municipal
637637 employees in a municipality with a population of not less than
638638 950,000 [750,000] nor more than 1,050,000 [850,000];
639639 (2) the Employees Retirement System of Texas, the
640640 Teacher Retirement System of Texas, the Judicial Retirement System
641641 of Texas Plan One, the Judicial Retirement System of Texas Plan Two,
642642 the Texas County and District Retirement System, and the Texas
643643 Municipal Retirement System; and
644644 (3) a retirement system that makes an election under
645645 Section 803.101(f).
646646 SECTION 48. Section 851.0011(a), Government Code, is
647647 amended to read as follows:
648648 (a) This section applies only with respect to a
649649 municipality:
650650 (1) with a population of less than 200,000;
651651 (2) that is located in a county with a population of
652652 not less than 2.5 [2] million and not more than 4 million;
653653 (3) that has a regularly organized fire department for
654654 which a retirement system and fund have been established under
655655 Section 4, Texas Local Fire Fighters Retirement Act (Article 6243e,
656656 Vernon's Texas Civil Statutes); and
657657 (4) that before January 1, 2017, has one or more
658658 departments participating in the retirement system.
659659 SECTION 49. The heading to Section 1331.051, Government
660660 Code, is amended to read as follows:
661661 Sec. 1331.051. LIMITATION ON BONDED DEBT: MUNICIPALITY
662662 WITH POPULATION OF 950,000 [750,000] OR MORE.
663663 SECTION 50. Section 1331.051(a), Government Code, is
664664 amended to read as follows:
665665 (a) This section applies only to a municipality with a
666666 population of 950,000 [750,000] or more.
667667 SECTION 51. Section 1371.001(4), Government Code, is
668668 amended to read as follows:
669669 (4) "Issuer" means:
670670 (A) a home-rule municipality that:
671671 (i) adopted its charter under Section 5,
672672 Article XI, Texas Constitution;
673673 (ii) has a population of 50,000 or more; and
674674 (iii) has outstanding long-term
675675 indebtedness that is rated by a nationally recognized rating agency
676676 for municipal securities in one of the four highest rating
677677 categories for a long-term obligation;
678678 (B) a conservation and reclamation district
679679 created and organized as a river authority under Section 52,
680680 Article III, or Section 59, Article XVI, Texas Constitution;
681681 (C) a joint powers agency organized and operating
682682 under Chapter 163, Utilities Code;
683683 (D) a metropolitan rapid transit authority,
684684 regional transportation authority, or coordinated county
685685 transportation authority created, organized, or operating under
686686 Chapter 451, 452, or 460, Transportation Code;
687687 (E) a conservation and reclamation district
688688 organized or operating as a navigation district under Section 52,
689689 Article III, or Section 59, Article XVI, Texas Constitution;
690690 (F) a district organized or operating under
691691 Section 59, Article XVI, Texas Constitution, that has all or part of
692692 two or more municipalities within its boundaries;
693693 (G) a state agency, including a state institution
694694 of higher education;
695695 (H) a hospital authority created or operating
696696 under Chapter 262 or 264, Health and Safety Code, in a county that:
697697 (i) has a population of more than 3.3
698698 million; or
699699 (ii) is included, in whole or in part, in a
700700 standard metropolitan statistical area of this state that includes
701701 a county with a population of more than 2.5 [2.2] million;
702702 (I) a hospital district in a county that has a
703703 population of more than 2.5 [two] million;
704704 (J) a nonprofit corporation organized to
705705 exercise the powers of a higher education loan authority under
706706 Section 53B.47(e), Education Code;
707707 (K) a county:
708708 (i) that has a population of more than 3.3
709709 million [or more]; or
710710 (ii) that, on the date of issuance of
711711 obligations under this chapter, has authorized, outstanding, or any
712712 combination of authorized and outstanding, indebtedness of at least
713713 $100 million secured by and payable from the county's ad valorem
714714 taxes and the authorized long-term indebtedness of which is rated
715715 by a nationally recognized rating agency of securities issued by
716716 local governments in one of the four highest rating categories for a
717717 long-term obligation;
718718 (L) an independent school district that has an
719719 average daily attendance of 50,000 or more as determined under
720720 Section 48.005, Education Code;
721721 (M) a municipality or county operating under
722722 Chapter 334, Local Government Code;
723723 (N) a district created under Chapter 335, Local
724724 Government Code;
725725 (O) a junior college district that has a total
726726 headcount enrollment of 40,000 or more based on enrollment in the
727727 most recent regular semester; or
728728 (P) an issuer, as defined by Section 1201.002,
729729 that has:
730730 (i) a principal amount of at least $100
731731 million in outstanding long-term indebtedness, in long-term
732732 indebtedness proposed to be issued, or in a combination of
733733 outstanding or proposed long-term indebtedness; and
734734 (ii) some amount of long-term indebtedness
735735 outstanding or proposed to be issued that is rated in one of the
736736 four highest rating categories for long-term debt instruments by a
737737 nationally recognized rating agency for municipal securities,
738738 without regard to the effect of any credit agreement or other form
739739 of credit enhancement entered into in connection with the
740740 obligation.
741741 SECTION 52. Section 1372.002(g), Government Code, is
742742 amended to read as follows:
743743 (g) Subsection (f) applies only to an applicant created by a
744744 municipal housing authority established by a municipality that is:
745745 (1) adjacent to an international boundary of this
746746 state; and
747747 (2) [that is] located in a county that contains a
748748 municipality with a population of more than 500,000 [800,000].
749749 SECTION 53. Section 1431.001(2), Government Code, is
750750 amended to read as follows:
751751 (2) "Eligible countywide district" means a flood
752752 control district or a hospital district the boundaries of which are
753753 substantially coterminous with the boundaries of a county with a
754754 population of three million or more or a hospital district created
755755 in a county with a population of more than 1.2 million [800,000]
756756 that was not included in the boundaries of a hospital district
757757 before September 1, 2003.
758758 SECTION 54. The heading to Chapter 1476, Government Code,
759759 is amended to read as follows:
760760 CHAPTER 1476. CERTIFICATES OF INDEBTEDNESS IN COUNTIES WITH
761761 POPULATION OF MORE THAN 2.5 [TWO] MILLION
762762 SECTION 55. Section 1476.001(a), Government Code, is
763763 amended to read as follows:
764764 (a) This chapter applies only to a county with a population
765765 of more than 2.5 [two] million.
766766 SECTION 56. Section 1477.301, Government Code, is amended
767767 to read as follows:
768768 Sec. 1477.301. APPLICABILITY OF SUBCHAPTER. This
769769 subchapter applies only to a county:
770770 (1) with a population of more than 3.3 million; or
771771 (2) with a population of more than 90,000 that borders
772772 the United Mexican States other than a county that contains three or
773773 more municipalities that each have a population of more than 23,000
774774 [17,500].
775775 SECTION 57. Section 1502.070(a), Government Code, is
776776 amended to read as follows:
777777 (a) Management and control of a utility system may be vested
778778 in:
779779 (1) the municipality's governing body; or
780780 (2) a board of trustees named in the proceedings
781781 adopted by the municipality and consisting of not more than:
782782 (A) five members, one of whom must be the mayor of
783783 the municipality;
784784 (B) seven members, one of whom must be the mayor
785785 of the municipality, if the municipality is located in a county
786786 that:
787787 (i) contains a municipality with a
788788 population of at least 500,000 [800,000]; and
789789 (ii) [that] is located on an international
790790 border; or
791791 (C) seven members, one of whom must be the mayor
792792 of the municipality, if the municipality is located in a county:
793793 (i) with a population of at least 375,000;
794794 (ii) that is located on an international
795795 border; and
796796 (iii) that borders the Gulf of Mexico.
797797 SECTION 58. The heading to Subchapter E, Chapter 1503,
798798 Government Code, is amended to read as follows:
799799 SUBCHAPTER E. ADDITIONAL POWERS OF MUNICIPALITIES WITH POPULATION
800800 OF 1.9 [1.2] MILLION OR MORE
801801 SECTION 59. The heading to Subchapter F, Chapter 1504,
802802 Government Code, is amended to read as follows:
803803 SUBCHAPTER F. REVENUE BONDS FOR CULTURAL FACILITIES IN HOME-RULE
804804 MUNICIPALITIES WITH POPULATION OF 1.9 [1.2] MILLION OR MORE
805805 SECTION 60. Section 1506.101, Government Code, is amended
806806 to read as follows:
807807 Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This
808808 subchapter applies only to a municipality that:
809809 (1) is located on the Gulf of Mexico or on a channel,
810810 canal, bay, or inlet connected to the Gulf of Mexico; and
811811 (2) has a population of:
812812 (A) more than 53,000 [47,500] and less than
813813 84,000 [73,000]; or
814814 (B) more than 115,000 [117,000] and less than
815815 160,000.
816816 SECTION 61. The heading to Subchapter D, Chapter 1506,
817817 Government Code, is amended to read as follows:
818818 SUBCHAPTER D. REVENUE BONDS FOR PARKING AND TRANSPORTATION
819819 FACILITIES IN MUNICIPALITIES WITH POPULATION OF MORE THAN 1.1
820820 MILLION [650,000]
821821 SECTION 62. Section 1509.002(b), Government Code, is
822822 amended to read as follows:
823823 (b) This section applies only to a municipality that:
824824 (1) has a population of more than 17,000 but less than
825825 18,000; and
826826 (2) is located in two counties [with populations of
827827 550,000 or more but less than 4.2 million].
828828 SECTION 63. The heading to Subchapter C, Chapter 1509,
829829 Government Code, is amended to read as follows:
830830 SUBCHAPTER C. BONDS FOR FARMERS' MARKETS IN MUNICIPALITIES WITH
831831 POPULATION OF MORE THAN 1.1 MILLION [650,000]
832832 SECTION 64. Section 2051.0441(a), Government Code, is
833833 amended to read as follows:
834834 (a) This section applies only to a notice published by a
835835 governmental entity or representative in a county:
836836 (1) with a population of at least 30,000 and not more
837837 than 42,000 [39,000] that borders the Red River; or
838838 (2) that does not have a newspaper described by
839839 Section 2051.044 published in the county.
840840 SECTION 65. Section 2306.6710(b), Government Code, is
841841 amended to read as follows:
842842 (b) If an application satisfies the threshold criteria, the
843843 department shall score and rank the application using a point
844844 system that:
845845 (1) prioritizes in descending order criteria
846846 regarding:
847847 (A) financial feasibility of the development
848848 based on the supporting financial data required in the application
849849 that will include a project underwriting pro forma from the
850850 permanent or construction lender;
851851 (B) quantifiable community participation with
852852 respect to the development, evaluated on the basis of a resolution
853853 concerning the development that is voted on and adopted by the
854854 following, as applicable:
855855 (i) the governing body of a municipality in
856856 which the proposed development site is to be located;
857857 (ii) subject to Subparagraph (iii), the
858858 commissioners court of a county in which the proposed development
859859 site is to be located, if the proposed site is to be located in an
860860 area of a county that is not part of a municipality; or
861861 (iii) the commissioners court of a county
862862 in which the proposed development site is to be located and the
863863 governing body of the applicable municipality, if the proposed site
864864 is to be located in the extraterritorial jurisdiction of a
865865 municipality;
866866 (C) the income levels of tenants of the
867867 development;
868868 (D) the size and quality of the units;
869869 (E) the rent levels of the units;
870870 (F) the cost of the development by square foot;
871871 (G) the services to be provided to tenants of the
872872 development;
873873 (H) whether, at the time the complete application
874874 is submitted or at any time within the two-year period preceding the
875875 date of submission, the proposed development site is located in an
876876 area declared to be a disaster under Section 418.014;
877877 (I) quantifiable community participation with
878878 respect to the development, evaluated on the basis of written
879879 statements from any neighborhood organizations on record with the
880880 state or county in which the development is to be located and whose
881881 boundaries contain the proposed development site; and
882882 (J) the level of community support for the
883883 application, evaluated on the basis of a written statement from the
884884 state representative who represents the district containing the
885885 proposed development site;
886886 (2) uses criteria imposing penalties on applicants or
887887 affiliates who have requested extensions of department deadlines
888888 relating to developments supported by housing tax credit
889889 allocations made in the application round preceding the current
890890 round or a developer or principal of the applicant that has been
891891 removed by the lender, equity provider, or limited partners for its
892892 failure to perform its obligations under the loan documents or
893893 limited partnership agreement;
894894 (3) encourages applicants to provide free notary
895895 public service to the residents of the developments for which the
896896 allocation of housing tax credits is requested; and
897897 (4) for an application concerning a development that
898898 is or will be located in a county with a population of 1.2 [1]
899899 million or more but less than 4 million and that is or will be
900900 located not more than two miles from a veterans hospital, veterans
901901 affairs medical center, or veterans affairs health care center,
902902 encourages applicants to provide a preference for leasing units in
903903 the development to low income veterans.
904904 SECTION 66. Section 34.020(b), Health and Safety Code, is
905905 amended to read as follows:
906906 (b) The commission, in consultation with the task force,
907907 shall develop a program to deliver prenatal and postpartum care
908908 through telehealth services or telemedicine medical services to
909909 pregnant women with a low risk of experiencing pregnancy-related
910910 complications, as determined by a physician. The commission shall
911911 implement the program in:
912912 (1) at least two counties with populations of more
913913 than 2.5 [two] million;
914914 (2) at least one county with a population of more than
915915 100,000 and less than 500,000; and
916916 (3) at least one rural county with high rates of
917917 maternal mortality and morbidity as determined by the commission in
918918 consultation with the task force.
919919 SECTION 67. Section 61.056(c), Health and Safety Code, is
920920 amended to read as follows:
921921 (c) A hospital district created in a county with a
922922 population of more than 1.2 million [800,000] that was not included
923923 in the boundaries of a hospital district before September 1, 2003,
924924 may affiliate with any public or private entity to provide regional
925925 administration and delivery of health care services. The regional
926926 affiliation, in accordance with the affiliation agreement, shall
927927 use money contributed by an affiliated governmental entity to
928928 provide health care services to an eligible resident of that
929929 governmental entity.
930930 SECTION 68. Section 61.056(d), Health and Safety Code, as
931931 added by Chapter 217 (S.B. 1063), Acts of the 81st Legislature,
932932 Regular Session, 2009, is amended to read as follows:
933933 (d) A hospital district created in a county with a
934934 population of more than 1.2 million [800,000] that was not included
935935 in the boundaries of a hospital district before September 1, 2003,
936936 may provide or arrange to provide health care services for eligible
937937 residents through the purchase of health coverage or other health
938938 benefits, including benefits described by Chapter 75. For
939939 purposes of this subsection, the board of managers of the district
940940 has the powers and duties provided to the commissioners court of a
941941 county under Chapter 75.
942942 SECTION 69. Section 141.0025(a), Health and Safety Code, is
943943 amended to read as follows:
944944 (a) The department may grant a waiver from the requirements
945945 of this chapter to a program that:
946946 (1) is sponsored by a religious organization as
947947 defined by Section 464.051;
948948 (2) has been in operation for at least 30 consecutive
949949 years;
950950 (3) operates one camp for not more than seven days in
951951 any year;
952952 (4) has not more than 80 campers;
953953 (5) is conducted by adult participants who are all
954954 volunteers;
955955 (6) operates in a county with a population of at least
956956 4,000 [4,400] but not more than 4,350 [4,750]; and
957957 (7) ensures that background checks are conducted on
958958 and the training required under Section 141.0095 is completed by
959959 each adult participating in the program.
960960 SECTION 70. Section 262.034(e), Health and Safety Code, is
961961 amended to read as follows:
962962 (e) This section applies only to an authority that owns or
963963 operates a hospital licensed under Chapter 241 and that is located
964964 in:
965965 (1) a county with a population of 225,000 or less;
966966 (2) those portions of extended municipalities that the
967967 federal census bureau has determined to be rural;
968968 (3) an area that is not delineated as an urbanized area
969969 by the federal census bureau; or
970970 (4) a municipality with a population of less than
971971 12,000 and a county with a population of 3.3 [2.5] million or more
972972 at the time the authority begins operating a facility or providing a
973973 service described by Subsection (a).
974974 SECTION 71. Section 263.025, Health and Safety Code, is
975975 amended to read as follows:
976976 Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR
977977 IMPROVEMENTS IN CERTAIN COUNTIES [OF 24,500 TO 25,500]. The
978978 commissioners court of a county with a population of 24,000 or more
979979 but less than 24,500 or a population of 24,700 or more but less than
980980 27,000 [to 25,500] may use excess money in the county hospital
981981 operating fund for making permanent improvements to the county
982982 hospital and for the payment of county bonds issued for the
983983 construction and improvement of a county hospital facility.
984984 SECTION 72. Section 281.004(a-1), Health and Safety Code,
985985 is amended to read as follows:
986986 (a-1) The ballot for an election under this chapter held in
987987 a county with a population of more than 1.2 million [800,000] that
988988 is not included in the boundaries of a hospital district before
989989 September 1, 2003, shall be printed to provide for voting for or
990990 against the proposition: "The creation of a hospital district and
991991 the levy of a tax not to exceed 25 cents on each $100 of the taxable
992992 value of property taxable by the district."
993993 SECTION 73. Sections 281.021(b) and (d), Health and Safety
994994 Code, are amended to read as follows:
995995 (b) The commissioners court of a county with a population of
996996 more than 2.1 [1.8] million but less than 2.5 [1.9] million in which
997997 a district is created under this chapter shall appoint a board
998998 composed of not less than five or more than 15 members.
999999 (d) If a district is created under this chapter in a county
10001000 with a population of more than 1.2 million [800,000] that was not
10011001 included in the boundaries of a hospital district before September
10021002 1, 2003, the district shall be governed by a nine-member board of
10031003 hospital managers, appointed as follows:
10041004 (1) the commissioners court of the county shall
10051005 appoint four members;
10061006 (2) the governing body of the municipality with the
10071007 largest population in the county shall appoint four members; and
10081008 (3) the commissioners court and the governing body of
10091009 the municipality described by Subdivision (2) shall jointly appoint
10101010 one member.
10111011 SECTION 74. Section 281.0281(a), Health and Safety Code, is
10121012 amended to read as follows:
10131013 (a) This section applies only to a district created in a
10141014 county with a population of more than 1.2 million [800,000] that was
10151015 not included in the boundaries of a hospital district before
10161016 September 1, 2003.
10171017 SECTION 75. Section 281.02815(a), Health and Safety Code,
10181018 is amended to read as follows:
10191019 (a) This section applies only to a district created in a
10201020 county with a population of more than 1.2 million [800,000] that was
10211021 not included in the boundaries of a hospital district before
10221022 September 1, 2003.
10231023 SECTION 76. Section 281.0475(a), Health and Safety Code, is
10241024 amended to read as follows:
10251025 (a) This section applies only to a district created in a
10261026 county with a population of more than 1.2 million [800,000] that was
10271027 not included in the boundaries of a hospital district before
10281028 September 1, 2003.
10291029 SECTION 77. Section 281.0511(a), Health and Safety Code, is
10301030 amended to read as follows:
10311031 (a) This section applies only to a district created in a
10321032 county with a population of more than 1.2 million [800,000] that was
10331033 not included in the boundaries of a hospital district before
10341034 September 1, 2003.
10351035 SECTION 78. Section 281.056(b-1), Health and Safety Code,
10361036 is amended to read as follows:
10371037 (b-1) The county attorney, district attorney, or criminal
10381038 district attorney, as appropriate, with the duty to represent the
10391039 county in civil matters shall, in all legal matters, represent a
10401040 district located in:
10411041 (1) a county [with a population of 800,000 or more] that
10421042 borders the United Mexican States and in which a municipality with a
10431043 population of 500,000 or more is located;
10441044 (2) a county with a population of 3.4 million or more;
10451045 or
10461046 (3) a county with a population of more than 1.2 million
10471047 [800,000] that was not included in the boundaries of a hospital
10481048 district before September 1, 2003.
10491049 SECTION 79. Section 281.122(a), Health and Safety Code, is
10501050 amended to read as follows:
10511051 (a) This section applies only to a district created in a
10521052 county with a population of more than 1.2 million [800,000] that was
10531053 not included in the boundaries of a hospital district before
10541054 September 1, 2003.
10551055 SECTION 80. Section 281.124(a), Health and Safety Code, is
10561056 amended to read as follows:
10571057 (a) This section applies only to a district created in a
10581058 county with a population of more than 1.2 million [800,000] that was
10591059 not included in the boundaries of a hospital district before
10601060 September 1, 2003.
10611061 SECTION 81. Section 285.002, Health and Safety Code, is
10621062 amended to read as follows:
10631063 Sec. 285.002. APPLICABILITY OF SUBCHAPTER. This
10641064 subchapter applies only to a county having:
10651065 (1) a population of:
10661066 (A) at least 1.2 million [800,000]; or
10671067 (B) at least 830,000 and not more than 870,000;
10681068 and
10691069 (2) a countywide hospital district that:
10701070 (A) has taxes imposed and collected by the
10711071 commissioners court of the county; and
10721072 (B) has teaching hospital facilities affiliated
10731073 with a state-owned or private medical school.
10741074 SECTION 82. The heading to Chapter 290, Health and Safety
10751075 Code, is amended to read as follows:
10761076 CHAPTER 290. COUNTY HEALTH CARE FUNDING DISTRICTS IN CERTAIN
10771077 COUNTIES WITH POPULATION OF 2.1 [1.8] MILLION OR LESS
10781078 SECTION 83. Section 290.002, Health and Safety Code, is
10791079 amended to read as follows:
10801080 Sec. 290.002. CREATION OF DISTRICT. A district is created
10811081 in each county that has a population of 2.1 [1.8] million or less
10821082 and in which a municipality with a population of 1.1 million or more
10831083 is predominantly located.
10841084 SECTION 84. Section 291.002, Health and Safety Code, is
10851085 amended to read as follows:
10861086 Sec. 291.002. APPLICABILITY. This chapter applies only to
10871087 a county that:
10881088 (1) is not served by a hospital district or a public
10891089 hospital;
10901090 (2) is located in the Texas-Louisiana border region,
10911091 as that region is defined by Section 2056.002, Government Code; and
10921092 (3) has a population of more than 51,000 [50,000] but
10931093 less than 65,000.
10941094 SECTION 85. Section 291A.002, Health and Safety Code, is
10951095 amended to read as follows:
10961096 Sec. 291A.002. APPLICABILITY. This chapter applies only
10971097 to:
10981098 (1) a county that:
10991099 (A) is not served by a hospital district or a
11001100 public hospital;
11011101 (B) has a population of more than 75,000; and
11021102 (C) borders or includes a portion of the Sam
11031103 Rayburn Reservoir; and
11041104 (2) a county that has a population of more than 200,000
11051105 and less than 233,500 [220,000].
11061106 SECTION 86. Section 292.002, Health and Safety Code, is
11071107 amended to read as follows:
11081108 Sec. 292.002. APPLICABILITY. This chapter applies only to
11091109 a county that is not served by a hospital district and:
11101110 (1) is located in the Texas-Louisiana border region,
11111111 as that region is defined by Section 2056.002, Government Code, and
11121112 has a population of more than 90,000 but less than 200,000; or
11131113 (2) has a population of less than 51,000 and is
11141114 adjacent to a county with a population of more than 200,000 but less
11151115 than 233,500 [220,000].
11161116 SECTION 87. Section 292C.002, Health and Safety Code, is
11171117 amended to read as follows:
11181118 Sec. 292C.002. APPLICABILITY. This chapter applies only
11191119 to a county that:
11201120 (1) contains a hospital district that is not
11211121 countywide;
11221122 (2) has a population of more than 125,000 but less than
11231123 135,000; and
11241124 (3) borders Oklahoma.
11251125 SECTION 88. Section 293C.002, Health and Safety Code, is
11261126 amended to read as follows:
11271127 Sec. 293C.002. APPLICABILITY. This chapter applies only
11281128 to a county that:
11291129 (1) is not served by a hospital district or a public
11301130 hospital;
11311131 (2) has a population of more than 140,000 [125,000]
11321132 and less than 155,000 [140,000]; and
11331133 (3) is not adjacent to a county with a population of
11341134 1.2 [one] million or more.
11351135 SECTION 89. Section 294.002, Health and Safety Code, is
11361136 amended to read as follows:
11371137 Sec. 294.002. APPLICABILITY. This chapter applies only to
11381138 a county that:
11391139 (1) is not served by a hospital district or a public
11401140 hospital;
11411141 (2) contains a private institution of higher education
11421142 with a student enrollment of more than 12,000; and
11431143 (3) has a population of less than 265,000 [250,000].
11441144 SECTION 90. Section 295.002, Health and Safety Code, is
11451145 amended to read as follows:
11461146 Sec. 295.002. APPLICABILITY. This chapter applies only to
11471147 a municipality that:
11481148 (1) is not served by a hospital district or a public
11491149 hospital;
11501150 (2) is located on the Gulf of Mexico or on a channel,
11511151 canal, bay, or inlet connected to the Gulf of Mexico; and
11521152 (3) has a population of more than 115,000 [117,000]
11531153 and less than 145,000.
11541154 SECTION 91. Section 296.002, Health and Safety Code, is
11551155 amended to read as follows:
11561156 Sec. 296.002. APPLICABILITY. This chapter applies only to
11571157 a county that:
11581158 (1) is not served by a hospital district or a public
11591159 hospital; and
11601160 (2) has a population of less than 235,000 [200,000]
11611161 and contains two municipalities both with populations of 83,000
11621162 [75,000] or more.
11631163 SECTION 92. Section 296A.002, Health and Safety Code, is
11641164 amended to read as follows:
11651165 Sec. 296A.002. APPLICABILITY. This chapter applies only
11661166 to a county that:
11671167 (1) is not served by a hospital district or a public
11681168 hospital; and
11691169 (2) has a population of less than 600,000 and borders
11701170 two counties both with populations of 1.1 [one] million or more.
11711171 SECTION 93. Section 298E.002, Health and Safety Code, is
11721172 amended to read as follows:
11731173 Sec. 298E.002. APPLICABILITY. This chapter applies only
11741174 to a hospital district created in a county with a population of more
11751175 than 1.2 million [800,000] that was not included in the boundaries
11761176 of a hospital district before September 1, 2003.
11771177 SECTION 94. Section 341.0358(g), Health and Safety Code, is
11781178 amended to read as follows:
11791179 (g) This section also applies to:
11801180 (1) a municipality with a population of more than
11811181 42,500 [36,000] and less than 48,000 [41,000] located in two
11821182 counties, one of which is a county with a population of more than
11831183 2.1 [1.8] million;
11841184 (2) a municipality, including any industrial district
11851185 within the municipality or its extraterritorial jurisdiction, with
11861186 a population of more than 15,000 [7,000] and less than 45,700
11871187 [30,000] located in a county with a population of more than 235,000
11881188 [155,000] and less than 255,000 [180,000]; and
11891189 (3) a municipality, including any industrial district
11901190 within the municipality or its extraterritorial jurisdiction, with
11911191 a population of more than 32,000 [11,000] and less than 35,000
11921192 [18,000] located in two counties [a county with a population of more
11931193 than 125,000 and less than 230,000].
11941194 SECTION 95. Section 341.03585(b), Health and Safety Code,
11951195 is amended to read as follows:
11961196 (b) This section applies only to:
11971197 (1) a municipality, including any industrial district
11981198 within the municipality or its extraterritorial jurisdiction, with
11991199 a population of more than 15,000 [7,000] and less than 45,700
12001200 [30,000] located in a county with a population of more than 235,000
12011201 [155,000] and less than 255,000 [180,000]; and
12021202 (2) a municipality, including any industrial district
12031203 within the municipality or its extraterritorial jurisdiction, with
12041204 a population of more than 32,000 [11,000] and less than 35,000
12051205 [18,000] located in two counties [a county with a population of more
12061206 than 125,000 and less than 230,000].
12071207 SECTION 96. Section 343.011(c), Health and Safety Code, is
12081208 amended to read as follows:
12091209 (c) A public nuisance is:
12101210 (1) keeping, storing, or accumulating refuse on
12111211 premises in a neighborhood unless the refuse is entirely contained
12121212 in a closed receptacle;
12131213 (2) keeping, storing, or accumulating rubbish,
12141214 including newspapers, abandoned vehicles, refrigerators, stoves,
12151215 furniture, tires, and cans, on premises in a neighborhood or within
12161216 300 feet of a public street for 10 days or more, unless the rubbish
12171217 or object is completely enclosed in a building or is not visible
12181218 from a public street;
12191219 (3) maintaining premises in a manner that creates an
12201220 unsanitary condition likely to attract or harbor mosquitoes,
12211221 rodents, vermin, or other disease-carrying pests;
12221222 (4) allowing weeds to grow on premises in a
12231223 neighborhood if the weeds are located within 300 feet of another
12241224 residence or commercial establishment;
12251225 (5) maintaining a building in a manner that is
12261226 structurally unsafe or constitutes a hazard to safety, health, or
12271227 public welfare because of inadequate maintenance, unsanitary
12281228 conditions, dilapidation, obsolescence, disaster, damage, or
12291229 abandonment or because it constitutes a fire hazard;
12301230 (6) maintaining on abandoned and unoccupied property
12311231 in a neighborhood a swimming pool that is not protected with:
12321232 (A) a fence that is at least four feet high and
12331233 that has a latched and locked gate; and
12341234 (B) a cover over the entire swimming pool that
12351235 cannot be removed by a child;
12361236 (7) maintaining on any property in a neighborhood in a
12371237 county with a population of more than 1.3 [1.1] million a swimming
12381238 pool that is not protected with:
12391239 (A) a fence that is at least four feet high and
12401240 that has a latched gate that cannot be opened by a child; or
12411241 (B) a cover over the entire swimming pool that
12421242 cannot be removed by a child;
12431243 (8) maintaining a flea market in a manner that
12441244 constitutes a fire hazard;
12451245 (9) discarding refuse or creating a hazardous visual
12461246 obstruction on:
12471247 (A) county-owned land; or
12481248 (B) land or easements owned or held by a special
12491249 district that has the commissioners court of the county as its
12501250 governing body;
12511251 (10) discarding refuse on the smaller of:
12521252 (A) the area that spans 20 feet on each side of a
12531253 utility line; or
12541254 (B) the actual span of the utility easement;
12551255 (11) filling or blocking a drainage easement, failing
12561256 to maintain a drainage easement, maintaining a drainage easement in
12571257 a manner that allows the easement to be clogged with debris,
12581258 sediment, or vegetation, or violating an agreement with the county
12591259 to improve or maintain a drainage easement;
12601260 (12) discarding refuse on property that is not
12611261 authorized for that activity; or
12621262 (13) surface discharge from an on-site sewage disposal
12631263 system as defined by Section 366.002.
12641264 SECTION 97. Section 364.011(a-2), Health and Safety Code,
12651265 is amended to read as follows:
12661266 (a-2) Notwithstanding Subsection (a), a commissioners court
12671267 may, through a competitive bidding process, contract for the
12681268 provision of solid waste collection, handling, storage, and
12691269 disposal in an area of the county located within the
12701270 extraterritorial jurisdiction of a municipality if:
12711271 (1) the municipality does not provide solid waste
12721272 disposal services in that area; and
12731273 (2) the county has a population of more than 1.5
12741274 million and at least 70 [75] percent of the population resides in a
12751275 single municipality.
12761276 SECTION 98. Section 364.0341(a), Health and Safety Code, is
12771277 amended to read as follows:
12781278 (a) This section applies only to a municipality wholly or
12791279 partly located in a county with a population of more than 57,000
12801280 [54,000] and less than 57,900 [54,500].
12811281 SECTION 99. Section 382.218(a), Health and Safety Code, is
12821282 amended to read as follows:
12831283 (a) This section applies only to a county [with a population
12841284 of 800,000 or more] that borders the United Mexican States and in
12851285 which a municipality with a population of 500,000 or more is
12861286 located.
12871287 SECTION 100. Sections 711.008(b) and (d), Health and Safety
12881288 Code, are amended to read as follows:
12891289 (b) Subsection (a) does not apply to:
12901290 (1) a cemetery heretofore established and operating;
12911291 (2) the establishment and use of a columbarium by an
12921292 organized religious society or sect that is exempt from income
12931293 taxation under Section 501(a), Internal Revenue Code of 1986, by
12941294 being listed under Section 501(c)(3) of that code, as part of or
12951295 attached to the principal church building owned by the society or
12961296 sect;
12971297 (3) the establishment and use of a columbarium by an
12981298 organized religious society or sect that is exempt from income
12991299 taxation under Section 501(a), Internal Revenue Code of 1986, by
13001300 being listed under Section 501(c)(3) of that code, on land that:
13011301 (A) is owned by the society or sect; and
13021302 (B) is part of the campus on which an existing
13031303 principal church building is located;
13041304 (4) the establishment and use of a columbarium on the
13051305 campus of a private or independent institution of higher education,
13061306 as defined by Section 61.003, Education Code, that is wholly or
13071307 substantially controlled, managed, owned, or supported by or
13081308 otherwise affiliated with an organized religious society or sect
13091309 that is exempt from income taxation under Section 501(a), Internal
13101310 Revenue Code of 1986, by being listed under Section 501(c)(3) of
13111311 that code, if a place of worship is located on the campus;
13121312 (5) the establishment and use of a mausoleum that is:
13131313 (A) constructed beneath the principal church
13141314 building owned by an organized religious society or sect that:
13151315 (i) is exempt from income taxation under
13161316 Section 501(a), Internal Revenue Code of 1986, by being listed
13171317 under Section 501(c)(3) of that code; and
13181318 (ii) has recognized religious traditions
13191319 and practices of interring the remains of ordained clergy in or
13201320 below the principal church building; and
13211321 (B) used only for the interment of the remains of
13221322 ordained clergy of that organized religious society or sect;
13231323 (6) the establishment and operation, if authorized in
13241324 accordance with Subsection (h), of a perpetual care cemetery by an
13251325 organized religious society or sect that:
13261326 (A) is exempt from income taxation under Section
13271327 501(a), Internal Revenue Code of 1986, by being listed under
13281328 Section 501(c)(3) of that code;
13291329 (B) has been in existence for at least five
13301330 years;
13311331 (C) has at least $500,000 in assets; and
13321332 (D) establishes and operates the cemetery on land
13331333 that:
13341334 (i) is owned by the society or sect;
13351335 (ii) together with any other land owned by
13361336 the society or sect and adjacent to the land on which the cemetery
13371337 is located, is not less than 10 acres; and
13381338 (iii) is in a municipality with a
13391339 population of at least one million that is located predominantly in
13401340 a county that has a total area of less than 1,000 square miles;
13411341 (7) the establishment and use of a private family
13421342 cemetery by an organization that is exempt from income taxation
13431343 under Section 501(a), Internal Revenue Code of 1986, by being
13441344 listed under Section 501(c)(3) of that code, on land that is:
13451345 (A) owned by the organization; and
13461346 (B) located in a county:
13471347 (i) with a population of more than 165,000
13481348 [125,000]; and
13491349 (ii) that is adjacent to a county that has a
13501350 population of more than 1.5 million and in which more than 70 [75]
13511351 percent of the population lives in a single municipality; or
13521352 (8) the establishment and use of a private family
13531353 cemetery located at the site of a presidential library and museum.
13541354 (d) Subsection (a) does not apply to a cemetery established
13551355 and operating before September 1, 1995, in a county with a
13561356 population of more than 315,000 [285,000] and less than 351,000
13571357 [300,000] that borders the Gulf of Mexico.
13581358 SECTION 101. Section 713.0271, Health and Safety Code, is
13591359 amended to read as follows:
13601360 Sec. 713.0271. CEMETERY OWNED BY CERTAIN COUNTIES. A
13611361 county with a population of more than 800,000 [550,000] that
13621362 borders a county with a population of more than 3.3 million may own,
13631363 operate, and maintain a cemetery.
13641364 SECTION 102. Section 766.052, Health and Safety Code, is
13651365 amended to read as follows:
13661366 Sec. 766.052. APPLICABILITY OF SUBCHAPTER. This
13671367 subchapter applies only to a residential high-rise building:
13681368 (1) that is located in a county with a population of
13691369 more than 1.5 million in which more than 70 [75] percent of the
13701370 population resides in a single municipality;
13711371 (2) in which at least 50 percent of the residents are
13721372 elderly individuals, individuals with a disability, or individuals
13731373 with a mobility impairment; and
13741374 (3) that is not designated as a historically or
13751375 archaeologically significant site by the Texas Historical
13761376 Commission or the governing body of the county or municipality in
13771377 which the building is located.
13781378 SECTION 103. Section 771.0751(a), Health and Safety Code,
13791379 as added by Chapter 258 (H.B. 1771), Acts of the 78th Legislature,
13801380 Regular Session, 2003, is amended to read as follows:
13811381 (a) This section applies only to the use of fees and
13821382 surcharges collected under this subchapter in a county subject to
13831383 this subchapter with a population of at least 1.2 [one] million.
13841384 SECTION 104. The heading to Subchapter B, Chapter 772,
13851385 Health and Safety Code, is amended to read as follows:
13861386 SUBCHAPTER B. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH
13871387 POPULATION OVER 3.3 [TWO] MILLION
13881388 SECTION 105. The heading to Subchapter E, Chapter 772,
13891389 Health and Safety Code, is amended to read as follows:
13901390 SUBCHAPTER E. EMERGENCY COMMUNICATION SERVICE: COUNTIES WITH
13911391 POPULATION OVER 2.5 [TWO] MILLION
13921392 SECTION 106. Section 772.402, Health and Safety Code, is
13931393 amended to read as follows:
13941394 Sec. 772.402. APPLICATION OF SUBCHAPTER. This subchapter
13951395 applies only to a county having a population of more than 2.5 [two]
13961396 million in which a communication district has not been created
13971397 under Subchapter B.
13981398 SECTION 107. Section 775.014(h), Health and Safety Code, is
13991399 amended to read as follows:
14001400 (h) The governing body of a municipality with a population
14011401 of more than one million may negotiate with the commissioners court
14021402 of a county with a population of less than 2.1 [1.8] million that is
14031403 the county in which the majority of the territory inside the
14041404 municipality's corporate boundaries is located conditions under
14051405 which the municipality will grant its consent to the inclusion of
14061406 its extraterritorial jurisdiction in the district. The negotiated
14071407 conditions may:
14081408 (1) limit the district's ability to incur debt;
14091409 (2) require the district to ensure that its equipment
14101410 is compatible with the municipality's equipment; and
14111411 (3) require the district to enter into mutual aid
14121412 agreements.
14131413 SECTION 108. Section 775.0315(a), Health and Safety Code,
14141414 is amended to read as follows:
14151415 (a) This section applies only to a district located wholly
14161416 in a county with a population of 2.1 [1.8] million or more in which
14171417 two or more cities with a population of 350,000 or more are located.
14181418 SECTION 109. Section 775.045(b), Health and Safety Code, is
14191419 amended to read as follows:
14201420 (b) Subsection (a) does not apply to a district:
14211421 (1) that before February 1, 2013, has adopted a fire
14221422 code, fire code amendments, or other requirements in conflict with
14231423 Subsection (a); and
14241424 (2) whose territory is located:
14251425 (A) in or adjacent to a general law municipality
14261426 with a population of less than 4,000 that is served by a water
14271427 control and improvement district governed by Chapter 51, Water
14281428 Code; and
14291429 (B) in a county that has a population of more than
14301430 1.2 [one] million and is adjacent to a county with a population of
14311431 more than 600,000 [420,000].
14321432 SECTION 110. Section 775.221(a), Health and Safety Code, is
14331433 amended to read as follows:
14341434 (a) This subchapter applies only to a district located
14351435 wholly in:
14361436 (1) a county with a population of 20,000 or less; or
14371437 (2) a county with a population of more than 30,000 but
14381438 less than 41,000 that is adjacent to a county with a population of
14391439 more than 200,000 but less than 233,500 [220,000].
14401440 SECTION 111. Section 775.301, Health and Safety Code, is
14411441 amended to read as follows:
14421442 Sec. 775.301. DEFINITION. In this subchapter,
14431443 "commissioners court" means the commissioners court of a county
14441444 that:
14451445 (1) borders the United Mexican States;
14461446 (2) contains a municipality with[, has] a population
14471447 of more than 500,000; [800,000,] and
14481448 (3) appoints a board of emergency services
14491449 commissioners under this chapter.
14501450 SECTION 112. Section 775.302(a), Health and Safety Code, is
14511451 amended to read as follows:
14521452 (a) This subchapter applies only to a district that is
14531453 located wholly in a county:
14541454 (1) that borders the United Mexican States;
14551455 (2) [,] that contains a municipality with [has] a
14561456 population of more than 500,000; [800,000,] and
14571457 (3) for which the commissioners court appoints a board
14581458 of emergency services commissioners under Section 775.034.
14591459 SECTION 113. Section 822.0012(a), Health and Safety Code,
14601460 is amended to read as follows:
14611461 (a) This section applies only to an incorporated
14621462 municipality that has a population of more than 1,000 and that is
14631463 the county seat of a county with a population of 1,380 or more but
14641464 less than 1,600.
14651465 SECTION 114. Section 822.0411(a), Health and Safety Code,
14661466 is amended to read as follows:
14671467 (a) This section applies only to an incorporated
14681468 municipality that has a population of more than 1,000 and that is
14691469 the county seat of a county with a population of 1,380 or more but
14701470 less than 1,600.
14711471 SECTION 115. Section 42.041(g), Human Resources Code, is
14721472 amended to read as follows:
14731473 (g) A child-care facility that is exempt under Subsection
14741474 (b)(3) from the licensing requirement of Subsection (a) may provide
14751475 care for each child at the child-care facility for not more than 15
14761476 hours a week if the child-care facility:
14771477 (1) provides the child care so that a person may attend
14781478 an educational class provided by a nonprofit entity; and
14791479 (2) is located in a county:
14801480 (A) in which a municipality with a population of
14811481 500,000 [800,000] or more is located; and
14821482 (B) that is adjacent to an international border.
14831483 SECTION 116. Section 101A.202(a), Human Resources Code, is
14841484 amended to read as follows:
14851485 (a) This section applies only to counties having a
14861486 population of not less than 20,600 [22,140] and not more than 20,800
14871487 [22,340] and to cities and towns within those counties.
14881488 SECTION 117. Section 1575.163, Insurance Code, is amended
14891489 to read as follows:
14901490 Sec. 1575.163. LIMITATIONS. The Teacher Retirement System
14911491 of Texas, as trustee, may not contract for or provide a health
14921492 benefit plan that excludes from participation in the network a
14931493 general hospital that:
14941494 (1) is located in the geographical service area or
14951495 areas of the health coverage plan that includes a county that:
14961496 (A) has a population of at least 100,000 and not
14971497 more than 233,500 [210,000]; and
14981498 (B) is located in the Texas-Louisiana border
14991499 region, as that term is defined in Section 2056.002(e), Government
15001500 Code; and
15011501 (2) agrees to provide medical and health care services
15021502 under the plan subject to the same terms and conditions as other
15031503 hospital providers under the plan.
15041504 SECTION 118. Section 1579.108, Insurance Code, is amended
15051505 to read as follows:
15061506 Sec. 1579.108. LIMITATIONS. The trustee may not contract
15071507 for or provide a health coverage plan that excludes from
15081508 participation in the network a general hospital that:
15091509 (1) is located in the geographical service area or
15101510 areas of the health coverage plan that includes a county that:
15111511 (A) has a population of at least 100,000 and not
15121512 more than 233,500 [210,000]; and
15131513 (B) is located in the Texas-Louisiana border
15141514 region, as that term is defined in Section 2056.002(e), Government
15151515 Code; and
15161516 (2) agrees to provide medical and health care services
15171517 under the plan subject to the same terms as other hospital providers
15181518 under the plan.
15191519 SECTION 119. Section 21.101, Local Government Code, is
15201520 amended to read as follows:
15211521 Sec. 21.101. REMOVAL BY RECALL ELECTION AUTHORIZED. A
15221522 member of the governing body of a general-law municipality with a
15231523 population of less than 3,000 [5,000] located in a county that
15241524 borders the United Mexican States and contains a municipality with
15251525 [has] a population of more than 500,000 [800,000] may be removed
15261526 from office through a recall election initiated by petition as
15271527 provided by this subchapter.
15281528 SECTION 120. Section 22.041(c), Local Government Code, is
15291529 amended to read as follows:
15301530 (c) In addition to an absence described by Subsection (b), a
15311531 member of a governing body is also considered absent for the
15321532 purposes of that subsection if the member is not present at the
15331533 adjournment of a meeting at which a quorum is established, unless
15341534 the member is first allowed to withdraw by the unanimous vote of the
15351535 members present. This subsection applies only to a municipality
15361536 that is located in a county that borders the United Mexican States
15371537 and contains a municipality with a population of 500,000 [800,000]
15381538 or more [that is adjacent to an international border].
15391539 SECTION 121. Section 42.021(d), Local Government Code, is
15401540 amended to read as follows:
15411541 (d) Regardless of Subsection (a), the extraterritorial
15421542 jurisdiction of a municipality is the unincorporated area that is
15431543 contiguous to the corporate boundaries of the municipality and that
15441544 is located within three miles of those boundaries if the
15451545 municipality:
15461546 (1) has a population of not less than 25,000 [20,000]
15471547 or more than 27,000 [29,000]; and
15481548 (2) is located in a county that has a population of
15491549 45,000 or more and borders the Trinity River.
15501550 SECTION 122. Section 42.0251(a), Local Government Code, is
15511551 amended to read as follows:
15521552 (a) This section applies only to a general-law
15531553 municipality:
15541554 (1) that has a population of less than 4,000 [3,000];
15551555 (2) that is located in a county with a population of
15561556 more than 800,000 [500,000] that is adjacent to a county with a
15571557 population of more than four million; and
15581558 (3) in which at least two-thirds of the residents
15591559 reside within a gated community.
15601560 SECTION 123. Section 43.0751(n), Local Government Code, is
15611561 amended to read as follows:
15621562 (n) This subsection applies only to a municipality any
15631563 portion of which is located in a county that has a population of not
15641564 less than 315,000 [285,000] and not more than 351,000 [300,000] and
15651565 that borders the Gulf of Mexico and is adjacent to a county with a
15661566 population of more than 3.3 million. A municipality may impose
15671567 within the boundaries of a district a municipal sales and use tax
15681568 authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
15691569 tax authorized by Chapter 351, Tax Code, that is imposed in the
15701570 municipality if:
15711571 (1) the municipality has annexed the district for
15721572 limited purposes under this section; or
15731573 (2) following two public hearings on the matter, the
15741574 municipality and the district enter a written agreement providing
15751575 for the imposition of the tax or taxes.
15761576 SECTION 124. Section 43.1025(a), Local Government Code, is
15771577 amended to read as follows:
15781578 (a) This section applies only to a home-rule municipality
15791579 that has a population of less than 13,000 [11,000] and is located
15801580 primarily in a county with a population of more than 3.3 million.
15811581 SECTION 125. Section 81.029(a), Local Government Code, is
15821582 amended to read as follows:
15831583 (a) This section applies only to a county judge in a county
15841584 that is located on the international border and contains a
15851585 municipality with [has] a population of 500,000 or more [than
15861586 800,000 and is located on the international border].
15871587 SECTION 126. Section 81.033(a), Local Government Code, is
15881588 amended to read as follows:
15891589 (a) This section applies only to a commissioners court of a
15901590 county that has a population of more than 4,500 [5,000], is located
15911591 within 100 miles of an international boundary, and contains no
15921592 incorporated territory of a municipality.
15931593 SECTION 127. Section 89.001(a), Local Government Code, is
15941594 amended to read as follows:
15951595 (a) The commissioners court of a county with a population of
15961596 more than two [1.25] million may employ an attorney as special
15971597 counsel.
15981598 SECTION 128. Section 106.001, Local Government Code, is
15991599 amended to read as follows:
16001600 Sec. 106.001. CREATION OF CHILD SAFETY TRUST FUND IN
16011601 CERTAIN MUNICIPALITIES. A child safety trust fund shall be created
16021602 in the treasury of a municipality with a population of more than 1.3
16031603 million [850,000].
16041604 SECTION 129. Section 115.044(a), Local Government Code, is
16051605 amended to read as follows:
16061606 (a) A county with a population of 372,000 [312,000] to
16071607 410,000 [330,000] shall conduct a biennial independent audit of all
16081608 books, records, and accounts of each district, county, and precinct
16091609 officer, agent, or employee, including those of the regular county
16101610 auditor, and of all governmental units of the county hospitals,
16111611 farms, and other institutions. The audit must cover all matters
16121612 relating to the fiscal affairs of the county. The audit shall be
16131613 conducted in each even-numbered year and must be completed before
16141614 December 31 of the year.
16151615 SECTION 130. Section 120.001, Local Government Code, is
16161616 amended to read as follows:
16171617 Sec. 120.001. APPLICABILITY. This chapter applies only to
16181618 a county with a population of more than 1.2 [one] million.
16191619 SECTION 131. Section 143.0052(a), Local Government Code, is
16201620 amended to read as follows:
16211621 (a) This section applies only to a municipality that:
16221622 (1) has a population of more than 220,000 and less than
16231623 275,000 [250,000];
16241624 (2) is located in a county in which another
16251625 municipality that has a population of more than one million is
16261626 predominately located; and
16271627 (3) whose emergency medical services are administered
16281628 by a fire department.
16291629 SECTION 132. Section 143.025(l), Local Government Code, is
16301630 amended to read as follows:
16311631 (l) In a municipality with a population of more than 1.4
16321632 [1.3] million and less than 2 million, an examination for a
16331633 beginning position in the fire department may include testing
16341634 instruments to be used in addition to the written examination in the
16351635 establishment of the initial eligibility list.
16361636 SECTION 133. The heading to Section 143.114, Local
16371637 Government Code, is amended to read as follows:
16381638 Sec. 143.114. ASSIGNMENT PAY IN MUNICIPALITY WITH
16391639 POPULATION OF 1.5 [1.2] MILLION OR MORE.
16401640 SECTION 134. Sections 152.032(b), (d), and (e), Local
16411641 Government Code, are amended to read as follows:
16421642 (b) This subsection applies only to a county that employs an
16431643 arena venue project manager hired as of March 7, 2001, and that has
16441644 a population of less than 2.1 [1.8] million in which a municipality
16451645 with a population of more than one million is located. The amount
16461646 of the compensation and allowances of a county auditor in a county
16471647 subject to this subsection may not exceed the amount of the
16481648 compensation and allowances received from all sources by the county
16491649 budget officer. If the county hires a county budget officer at a
16501650 salary lower than the salary of the previous county budget officer,
16511651 the county auditor's salary may not be reduced on that basis.
16521652 (d) The amount of the compensation and allowances of a
16531653 county auditor in a county subject to this subsection may be set in
16541654 an amount that exceeds the limit established by Subsection (a) if
16551655 the compensation and allowances are approved by the commissioners
16561656 court of the county. This subsection applies only to:
16571657 (1) [a county with a population of more than 108,000
16581658 and less than 110,000;
16591659 [(2)] a county with a population of 120,000 or more,
16601660 excluding a county subject to Subsection (b);
16611661 (2) [(3)] a county with a population of more than
16621662 1,000 and less than 23,000 that borders the Gulf of Mexico;
16631663 (3) [(4)] a county with a population of more than
16641664 11,000 and less than 11,350 [11,650]; and
16651665 (4) [(5)] a county that:
16661666 (A) borders a county with a population of more
16671667 than one million; and
16681668 (B) has a population of more than 44,500 [36,000]
16691669 and less than 46,500 [40,000].
16701670 (e) This subsection applies only to a county with a
16711671 population of more than 1.2 [one] million that uses an automated
16721672 system to enhance internal controls of county finances through the
16731673 use of automated edit checks of its automated purchasing system and
16741674 its comprehensive automated payroll system. The amount of the
16751675 compensation and allowances of a county auditor in a county
16761676 governed by this subsection may exceed the limit imposed by
16771677 Subsection (a) if the compensation and allowances are approved by
16781678 the commissioners court. If a county is governed by this
16791679 subsection and Subsection (b), the amount of compensation and
16801680 allowances received by the county auditor may not exceed the limit
16811681 imposed by Subsection (b).
16821682 SECTION 135. Section 152.904(c), Local Government Code, is
16831683 amended to read as follows:
16841684 (c) The commissioners court of a county with a population of
16851685 315,000 [285,000] to 351,000 [300,000] shall set the annual salary
16861686 of the county judge at an amount equal to or greater than 90 percent
16871687 of the salary, including supplements, of any district judge in
16881688 Galveston County. However, the salary may not be set at an amount
16891689 less than the salary paid the county judge on May 2, 1962.
16901690 SECTION 136. Section 158.008(e), Local Government Code, is
16911691 amended to read as follows:
16921692 (e) A member of the commissioners court of a county with a
16931693 population of 2.5 [two] million or more is not prohibited from being
16941694 appointed to the civil service commission.
16951695 SECTION 137. Section 161.001, Local Government Code, is
16961696 amended to read as follows:
16971697 Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter
16981698 applies only to:
16991699 (1) a county that:
17001700 (A) contains a municipality that has a population
17011701 of 500,000 [800,000] or more;
17021702 (B) is located on the international border; and
17031703 (C) before September 1, 2009, had a county ethics
17041704 board appointed by the commissioners court;
17051705 (2) a county that:
17061706 (A) has a population of 425,000 or more;
17071707 (B) is adjacent to a county with a population of
17081708 3.3 million or more; and
17091709 (C) contains a portion of the San Jacinto River;
17101710 and
17111711 (3) a county that has a population of less than 50,000
17121712 [40,000] that is adjacent to a county with a population of more than
17131713 3.3 million.
17141714 SECTION 138. Section 170.002(a), Local Government Code, is
17151715 amended to read as follows:
17161716 (a) This section applies to a county that has a population
17171717 of less than 50,000 [40,000] that is adjacent to a county with a
17181718 population of more than 3.3 million.
17191719 SECTION 139. Section 180.003(a), Local Government Code, is
17201720 amended to read as follows:
17211721 (a) In a county with a population of 372,000 [312,000] to
17221722 400,000 [330,000], a sheriff, deputy, constable, or other peace
17231723 officer of the county or a municipality located in the county may
17241724 not be required to be on duty more than 48 hours a week unless the
17251725 peace officer is called on by a superior officer to serve during an
17261726 emergency as determined by the superior officer.
17271727 SECTION 140. Section 212.0146(a), Local Government Code, is
17281728 amended to read as follows:
17291729 (a) This section applies only to a replat of a subdivision
17301730 or a part of a subdivision located in a municipality or the
17311731 extraterritorial jurisdiction of a municipality with a population
17321732 of 1.4 [1.3] million or more.
17331733 SECTION 141. Section 212.151, Local Government Code, is
17341734 amended to read as follows:
17351735 Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This
17361736 subchapter applies only to a municipality:
17371737 (1) with a population of 1.5 million or more that
17381738 passes an ordinance that requires uniform application and
17391739 enforcement of this subchapter with regard to all property and
17401740 residents;
17411741 (2) with a population of less than 4,500 [4,000] that:
17421742 (A) is located in two counties, one of which has a
17431743 population greater than 45,000; and
17441744 (B) borders Lake Lyndon B. Johnson; or
17451745 (3) that does not have zoning ordinances and passes an
17461746 ordinance that requires uniform application and enforcement of this
17471747 subchapter with regard to all property and residents.
17481748 SECTION 142. Section 214.003(b-1), Local Government Code,
17491749 is amended to read as follows:
17501750 (b-1) This subsection applies only to a municipality wholly
17511751 or partly located in a county that is located along the
17521752 international border and contains [has] a municipality with a
17531753 population of 500,000 [800,000] or more. The court may appoint as
17541754 a receiver under Subsection (b) an individual without a
17551755 demonstrated record of rehabilitating properties if the
17561756 municipality demonstrates that:
17571757 (1) no individual with a demonstrated record of
17581758 rehabilitating properties is available; and
17591759 (2) the individual being appointed is competent and
17601760 able to fulfill the duties of a receiver.
17611761 SECTION 143. Section 214.161, Local Government Code, is
17621762 amended to read as follows:
17631763 Sec. 214.161. MUNICIPALITY COVERED BY SUBCHAPTER. This
17641764 subchapter applies only to a municipality with a population of more
17651765 than 1.18 million located primarily in a county with a population of
17661766 2.5 [2] million or more.
17671767 SECTION 144. Section 214.233(a), Local Government Code, is
17681768 amended to read as follows:
17691769 (a) A municipality located in a county with a population of
17701770 2.5 [two] million or more may adopt an ordinance requiring owners of
17711771 vacant buildings to register their buildings by filing a
17721772 registration form with a designated municipal official.
17731773 SECTION 145. Section 229.003(a), Local Government Code, is
17741774 amended to read as follows:
17751775 (a) This section applies only to a municipality located
17761776 wholly or partly in a county:
17771777 (1) with a population of one million [750,000] or
17781778 more;
17791779 (2) in which all or part of a municipality with a
17801780 population of one million or more is located; and
17811781 (3) that is located adjacent to a county with a
17821782 population of 2.5 [two] million or more.
17831783 SECTION 146. Section 232.045(a), Local Government Code, is
17841784 amended to read as follows:
17851785 (a) This section applies only to a county [with a population
17861786 of more than 800,000] that is adjacent to an international border
17871787 and contains a municipality with a population of 500,000 or more.
17881788 SECTION 147. Section 232.151, Local Government Code, is
17891789 amended to read as follows:
17901790 Sec. 232.151. APPLICABILITY. This subchapter applies to a
17911791 county that:
17921792 (1) contains a municipality with [has] a population of
17931793 more than 500,000 [800,000];
17941794 (2) is adjacent to an international border; and
17951795 (3) contains more than 30,000 acres of lots that have
17961796 remained substantially undeveloped for more than 25 years after the
17971797 date the lots were platted.
17981798 SECTION 148. Section 234.032, Local Government Code, is
17991799 amended to read as follows:
18001800 Sec. 234.032. APPLICABILITY. This subchapter applies only
18011801 in the unincorporated area of a county [if the county]:
18021802 (1) in which [contains] two or more municipalities
18031803 with a population of 350,000 [250,000] or more are wholly or
18041804 primarily located;
18051805 (2) that is [a county] adjacent to a county described
18061806 by Subdivision (1); or
18071807 (3) that is [a county] adjacent to a county described
18081808 by Subdivision (2) and:
18091809 (A) has a population of not more than 55,000
18101810 [50,000] and contains a municipality with a population of at least
18111811 20,000; or
18121812 (B) in which [contains, wholly or partly,] two or
18131813 more municipalities with a population of 280,000 [250,000] or more
18141814 are partly located.
18151815 SECTION 149. Section 240.042(a), Local Government Code, is
18161816 amended to read as follows:
18171817 (a) The commissioners court of a county with a population of
18181818 2.1 [1.8] million or more by order may regulate the placement of
18191819 private water wells in the unincorporated area of the county to
18201820 prevent:
18211821 (1) the contamination of a well from an on-site sewage
18221822 disposal system;
18231823 (2) rendering an on-site sewage disposal system that
18241824 was in place before the well was drilled out of compliance with
18251825 applicable law because of the placement of the well; and
18261826 (3) drilling of a domestic well into a contaminated
18271827 groundwater plume or aquifer.
18281828 SECTION 150. Section 240.082(a), Local Government Code, is
18291829 amended to read as follows:
18301830 (a) This subchapter applies only to real property that is
18311831 located in the unincorporated area of a county with a population of
18321832 2.1 [1.8] million or more.
18331833 SECTION 151. Section 242.003(a), Local Government Code, is
18341834 amended to read as follows:
18351835 (a) This section applies only to:
18361836 (1) a county that is [having a population of more than
18371837 800,000 and] located on the international border and contains a
18381838 municipality with a population of 500,000 or more; and
18391839 (2) a municipality that has extraterritorial
18401840 jurisdiction, as defined by Section 212.001, in the [that] county
18411841 described by Subdivision (1).
18421842 SECTION 152. Section 250.011(c), Local Government Code, as
18431843 added by Chapter 315 (H.B. 738), Acts of the 87th Legislature,
18441844 Regular Session, 2021, is amended to read as follows:
18451845 (c) Subsection (a) does not apply to:
18461846 (1) a municipality that has enacted an ordinance,
18471847 bylaw, order, building code, or rule requiring the installation of
18481848 a multipurpose residential fire protection sprinkler system or any
18491849 other fire protection sprinkler system in a new or existing one- or
18501850 two-family dwelling on or before January 1, 2009; or
18511851 (2) an emergency services district:
18521852 (A) that before February 1, 2013, has adopted a
18531853 fire code, fire code amendments, or other requirements in conflict
18541854 with Subsection (a); and
18551855 (B) whose territory is located:
18561856 (i) in or adjacent to a general law
18571857 municipality with a population of less than 4,000 that is served by
18581858 a water control and improvement district governed by Chapter 51,
18591859 Water Code; and
18601860 (ii) in a county that has a population of
18611861 more than 1.2 [one] million and is adjacent to a county with a
18621862 population of more than 600,000 [420,000].
18631863 SECTION 153. Section 253.001(l), Local Government Code, is
18641864 amended to read as follows:
18651865 (l) Subsection (b) does not apply to a conveyance of park
18661866 land owned by a home-rule municipality that:
18671867 (1) is located in a county with a population of more
18681868 than three million; and
18691869 (2) has a population of more than 33,000 [25,000] and
18701870 less than 35,000 [33,000].
18711871 SECTION 154. Section 253.013(a), Local Government Code, is
18721872 amended to read as follows:
18731873 (a) This section applies only to:
18741874 (1) a municipality with a population greater than
18751875 150,000 and less than 200,000 that is located in three counties; and
18761876 (2) a municipality with a population greater than
18771877 78,000 [65,000] and less than 88,000 [90,000] that is located in a
18781878 county in which part but not all of a military installation is
18791879 located.
18801880 SECTION 155. Section 263.007(e)(2), Local Government Code,
18811881 is amended to read as follows:
18821882 (2) The commissioners court of a county with a
18831883 population of 2.1 [one] million or more that contains two or more
18841884 municipalities with a population of 350,000 [250,000] or more may
18851885 lease real property owned or controlled by the county to a
18861886 for-profit entity to conduct health and human service activities
18871887 which the commissioners court finds to be in the public interest,
18881888 without using the sealed-bid or sealed-proposal process described
18891889 in Subsection (a) and without using any other competitive bidding
18901890 process which would otherwise be required by law.
18911891 SECTION 156. Section 263.1545(a), Local Government Code, is
18921892 amended to read as follows:
18931893 (a) This section applies only to surplus property that:
18941894 (1) is owned by a county with a population of more than
18951895 1.2 [1] million and less than 1.5 million;
18961896 (2) uses a high level of technology;
18971897 (3) was used or will be used in connection with or for
18981898 a highly specialized program; and
18991899 (4) was purchased by the county for more than
19001900 $250,000.
19011901 SECTION 157. Section 270.005(a), Local Government Code, is
19021902 amended to read as follows:
19031903 (a) The commissioners court of a county with a population of
19041904 251,000 to 260,000 [275,000] may contract with the United States
19051905 government or a federal agency for:
19061906 (1) the joint construction or improvement of roads,
19071907 bridges, or other county improvements; or
19081908 (2) the maintenance of a project constructed under
19091909 this section.
19101910 SECTION 158. Section 272.001(h), Local Government Code, is
19111911 amended to read as follows:
19121912 (h) A municipality, other than a municipality with a
19131913 population of more than one million that is located primarily in a
19141914 county with a population of 2.5 [two] million or more, owning land
19151915 within 5,000 feet of where the shoreline of a lake would be if the
19161916 lake were filled to its storage capacity may, without notice or the
19171917 solicitation of bids, sell the land to the person leasing the land
19181918 for the fair market value of the land as determined by a certified
19191919 appraiser. While land described by this subsection is under lease,
19201920 the municipality owning the land may not sell the land to any person
19211921 other than the person leasing the land. To protect the public
19221922 health, safety, or welfare and to ensure an adequate municipal
19231923 water supply, property sold by the municipality under this
19241924 subsection is not eligible for and the owner is not entitled to the
19251925 exemption provided by Section 11.142(a), Water Code. The
19261926 instrument conveying property under this subsection must include a
19271927 provision stating that the exemption does not apply to the
19281928 conveyance. In this subsection, "lake" means an inland body of
19291929 standing water, including a reservoir formed by impounding the
19301930 water of a river or creek but not including an impoundment of salt
19311931 water or brackish water, that has a storage capacity of more than
19321932 10,000 acre-feet.
19331933 SECTION 159. Section 292.023(a), Local Government Code, is
19341934 amended to read as follows:
19351935 (a) This section applies only to a county with a population
19361936 of:
19371937 (1) 32,800 [35,500] to 34,000 [36,000]; or
19381938 (2) 98,000 [85,000] to 105,000 [86,500].
19391939 SECTION 160. Section 292.025(a), Local Government Code, is
19401940 amended to read as follows:
19411941 (a) This section applies only to a county with a population
19421942 of 35,850 [35,050] to 36,000 [35,090].
19431943 SECTION 161. Section 292.027(a), Local Government Code, is
19441944 amended to read as follows:
19451945 (a) This section applies only to a county with a population
19461946 of 57,900 [57,000] to 59,000.
19471947 SECTION 162. Section 292.031(a), Local Government Code, is
19481948 amended to read as follows:
19491949 (a) This section applies only to a county with a population
19501950 of less than 50,000 [40,000] that is adjacent to a county with a
19511951 population of more than 3.3 million.
19521952 SECTION 163. The heading to Chapter 307, Local Government
19531953 Code, is amended to read as follows:
19541954 CHAPTER 307. USE OF TIDELANDS FOR PARK PURPOSES: GULF COAST
19551955 MUNICIPALITIES WITH POPULATION OF 50,000 [60,000] OR MORE
19561956 SECTION 164. Section 320.0455(a), Local Government Code, is
19571957 amended to read as follows:
19581958 (a) This section applies only to a county with a population
19591959 of:
19601960 (1) 2.8 million or more;
19611961 (2) 800,000 [580,000] or more that is adjacent to a
19621962 county with a population of 2.8 million or more; or
19631963 (3) more than 550,000 [410,000] and less than 620,000
19641964 [455,000].
19651965 SECTION 165. The heading to Chapter 322, Local Government
19661966 Code, is amended to read as follows:
19671967 CHAPTER 322. JOINT PARKS BOARD AND PARK BONDS: ADJACENT COUNTIES
19681968 WITH POPULATIONS OF 2.1 MILLION [350,000] OR MORE
19691969 SECTION 166. Section 322.001, Local Government Code, is
19701970 amended to read as follows:
19711971 Sec. 322.001. ELIGIBLE COUNTIES. Two adjacent counties
19721972 that each have a population of 2.1 [one] million or more may create
19731973 a joint park board in accordance with this chapter for the purpose
19741974 of providing one or more public parks for the two counties.
19751975 SECTION 167. Section 327.051, Local Government Code, is
19761976 amended to read as follows:
19771977 Sec. 327.051. COUNTIES AUTHORIZED TO CREATE ZOO BOARD. The
19781978 commissioners court of a county with a population of more than 2.1
19791979 [1.5] million that is adjacent to a county with a population of more
19801980 than 2.1 [one] million by order may authorize the creation of a zoo
19811981 board under this chapter to establish, finance, and manage
19821982 facilities and services to provide conservation, education,
19831983 research, public recreation, and care relating to the study and
19841984 display of animals and other specimens in a public zoological park.
19851985 SECTION 168. Section 334.0082(a), Local Government Code, is
19861986 amended to read as follows:
19871987 (a) This section applies only to a municipality that:
19881988 (1) has a population of at least 250,000 [176,000]
19891989 that borders the Rio Grande, and that approved a sports and
19901990 community venue project before January 1, 2009; or
19911991 (2) is located in a county adjacent to the
19921992 Texas-Mexico border if:
19931993 (A) the county has a population of at least
19941994 500,000;
19951995 (B) the county does not have a city located
19961996 within it that has a population of at least 500,000; and
19971997 (C) the municipality is the largest municipality
19981998 in the county described by this subdivision.
19991999 SECTION 169. Section 334.103(c), Local Government Code, is
20002000 amended to read as follows:
20012001 (c) A county with a population of more than 2.5 [two]
20022002 million that is adjacent to a county with a population of more than
20032003 2.1 [one] million may impose the tax authorized by this subchapter
20042004 at a rate not to exceed six percent on the gross rental receipts
20052005 from the rental in the county of a motor vehicle.
20062006 SECTION 170. Section 334.1041(a), Local Government Code, is
20072007 amended to read as follows:
20082008 (a) This section applies only to a county with a population
20092009 of more than 2.5 [two] million that is adjacent to a county with a
20102010 population of more than 2.1 [one] million.
20112011 SECTION 171. Section 334.202(b-1), Local Government Code,
20122012 is amended to read as follows:
20132013 (b-1) A municipality with a population of more than 700,000
20142014 within a county with a population of more than 2.1 [one] million
20152015 adjacent to a county with a population of more than 2.5 [two]
20162016 million may impose the tax authorized by this subchapter at a rate
20172017 not to exceed $5 for each motor vehicle.
20182018 SECTION 172. Section 334.2031(a), Local Government Code, is
20192019 amended to read as follows:
20202020 (a) This section applies only to a municipality with a
20212021 population of more than 700,000 within a county with a population of
20222022 more than 2.1 [one] million that is adjacent to a county with a
20232023 population of more than 2.5 [two] million.
20242024 SECTION 173. Section 334.2518(a), Local Government Code, is
20252025 amended to read as follows:
20262026 (a) This section applies only to a municipality that has a
20272027 population of more than 1.3 [1] million but less than 1.4 [1.3]
20282028 million.
20292029 SECTION 174. Section 334.254(c), Local Government Code, is
20302030 amended to read as follows:
20312031 (c) Except as provided by Subsection (d), a county with a
20322032 population of more than 2.5 [two] million that is adjacent to a
20332033 county with a population of more than 2.1 [one] million may impose
20342034 the tax authorized by this subchapter at any rate not to exceed
20352035 three percent of the price paid for a room in a hotel.
20362036 SECTION 175. Section 335.076(a), Local Government Code, is
20372037 amended to read as follows:
20382038 (a) This section applies only in relation to an approved
20392039 venue project constructed and operated under the authority of a
20402040 district in a county with a population of more than 2.5 [two]
20412041 million that is adjacent to a county with a population of more than
20422042 2.1 [one] million.
20432043 SECTION 176. Section 342.901(a), Local Government Code, is
20442044 amended to read as follows:
20452045 (a) This section applies to a general law municipality that:
20462046 (1) has a population of less than 4,000;
20472047 (2) is located in a county that:
20482048 (A) has a population of more than 1.2 [one]
20492049 million; and
20502050 (B) is adjacent to a county with a population of
20512051 more than 600,000 [420,000]; and
20522052 (3) is served by a district governed by Chapter 51,
20532053 Water Code.
20542054 SECTION 177. The heading to Subchapter B, Chapter 343,
20552055 Local Government Code, is amended to read as follows:
20562056 SUBCHAPTER B. PROVISIONS APPLICABLE TO MUNICIPALITIES WITH A
20572057 POPULATION OF MORE THAN 1.3 MILLION [850,000]
20582058 SECTION 178. Section 343.011, Local Government Code, is
20592059 amended to read as follows:
20602060 Sec. 343.011. APPLICATION. This subchapter applies only to
20612061 a municipality with a population of more than 1.3 million
20622062 [850,000].
20632063 SECTION 179. Section 344.051(a-1), Local Government Code,
20642064 is amended to read as follows:
20652065 (a-1) The governing body of a municipality may propose the
20662066 creation of a fire control, prevention, and emergency medical
20672067 services district under this chapter if the municipality:
20682068 (1) has a population of 5,000 or more and less than
20692069 25,000; and
20702070 (2) is located in a county with a population of one
20712071 million [750,000] or more:
20722072 (A) in which all or part of a municipality with a
20732073 population of one million or more is located; and
20742074 (B) that is adjacent to a county with a
20752075 population of 2.5 [two] million or more.
20762076 SECTION 180. Section 351.04155(a), Local Government Code,
20772077 is amended to read as follows:
20782078 (a) This section applies only to a county that:
20792079 (1) has a population of 2.1 [one] million or more;
20802080 (2) has two municipalities with a population of
20812081 250,000 [200,000] or more; and
20822082 (3) is adjacent to a county with a population of 2.1
20832083 [one] million or more.
20842084 SECTION 181. Section 351.901(b), Local Government Code, is
20852085 amended to read as follows:
20862086 (b) The commissioners court of a county by contract may
20872087 donate money to one or more crime stoppers or crime prevention
20882088 organizations for expenditure by the organizations to meet the
20892089 goals identified in Subsection (a). The total amount of all
20902090 donations made in a calendar year may not exceed:
20912091 (1) $25,000; or
20922092 (2) $100,000, for a county with a population of 1.2
20932093 [one] million or more.
20942094 SECTION 182. Section 361.042(a), Local Government Code, is
20952095 amended to read as follows:
20962096 (a) Instead of providing and maintaining its own jail, the
20972097 commissioners court of a county with a population of 120,000
20982098 [110,000] to 123,000 [113,000] may provide safe and suitable jail
20992099 facilities for the county by contracting for the facilities with
21002100 the governing body of the municipality that is the county seat of
21012101 the county.
21022102 SECTION 183. Section 362.005(a), Local Government Code, is
21032103 amended to read as follows:
21042104 (a) The sheriff's department of a county with a population
21052105 of at least 870,000 [700,000 but not more than 800,000] that borders
21062106 the Texas-Mexico border and the police department of the
21072107 municipality having the largest population in that county shall
21082108 jointly establish and operate the Texas Transnational Intelligence
21092109 Center as a central repository of real-time intelligence relating
21102110 to:
21112111 (1) autopsies in which the person's death is likely
21122112 connected to transnational criminal activity;
21132113 (2) criminal activity in the counties along the
21142114 Texas-Mexico border and certain other counties; and
21152115 (3) other transnational criminal activity in the
21162116 state.
21172117 SECTION 184. Section 371.001(a), Local Government Code, is
21182118 amended to read as follows:
21192119 (a) The governing body of a municipality with a population
21202120 of 1.3 million [900,000] or less may appropriate from its general
21212121 fund an amount not to exceed one percent of the general fund budget
21222122 for that year for the purpose of advertising the municipality and
21232123 promoting its growth and development.
21242124 SECTION 185. (a) Section 372.0035(a), Local Government
21252125 Code, as amended by Chapters 59 (S.B. 385), 60 (S.B. 642), 244 (H.B.
21262126 1417), 994 (H.B. 1135), 995 (H.B. 1136), 997 (H.B. 1474), and 1271
21272127 (S.B. 386), Acts of the 86th Legislature, Regular Session, 2019, is
21282128 reenacted as Sections 372.0035(a) and (a-1), Local Government Code,
21292129 and amended to read as follows:
21302130 (a) This section applies only to:
21312131 (1) a municipality that:
21322132 (A) has a population of more than 900,000
21332133 [650,000] and less than two million;
21342134 (B) has a population of more than 325,000 and
21352135 less than 625,000; [or]
21362136 (C) has a population of more than 197,000
21372137 [180,000] and less than 200,500 [200,000];
21382138 (D) [(C)] has a population of more than 256,000
21392139 [200,000] and less than 257,000 [225,000];
21402140 (E) [(C)] has a population of more than 20,000
21412141 and is wholly located in a county with a population of more than
21422142 62,000 [55,000] and less than 68,000 [65,000];
21432143 (F) [(C)] has a population of more than 200,000
21442144 [115,000] and borders Lake Lewisville;
21452145 (G) [(C)] has a population of more than 138,000
21462146 [105,000] and is wholly located in a county with a population of
21472147 less than 265,000 [250,000]; or
21482148 (H) [(C)] has a population of more than 130,000
21492149 [100,000] and less than 140,000 [125,000] and is wholly located in a
21502150 county with a population of more than 900,000 [650,000]; and
21512151 (2) a public improvement district established under
21522152 this subchapter and solely composed of territory in which the only
21532153 businesses are:
21542154 (A) hotels with 100 or more rooms ordinarily used
21552155 for sleeping, if the district is established by a municipality
21562156 described by Subdivision (1)(A); [or]
21572157 (B) hotels with 75 or more rooms ordinarily used
21582158 for sleeping, if the district is established by a municipality
21592159 described by Subdivision (1)(B), (D), (E), (F), (G), or (H) [(C)];
21602160 or
21612161 (C) hotels with 10 or more rooms ordinarily used
21622162 for sleeping, if the district is established by a municipality
21632163 described by Subdivision (1)(C).
21642164 (a-1) This section applies only to a public improvement
21652165 district established by a municipality under this subchapter and
21662166 solely composed of territory in which the only businesses are one or
21672167 more hotels.
21682168 (b) Section 372.0035(e), Local Government Code, as added by
21692169 Chapter 997 (H.B. 1474), Acts of the 86th Legislature, Regular
21702170 Session, 2019, is redesignated as Section 372.0035(e-1), Local
21712171 Government Code, to read as follows:
21722172 (e-1) [(e)] A municipality may undertake a project under
21732173 this section only for a purpose described by Section
21742174 372.003(b)(13).
21752175 (c) The following provisions are repealed as duplicative of
21762176 Section 372.0035(e), Local Government Code, as added by Chapter 997
21772177 (H.B. 1474), Acts of the 86th Legislature, Regular Session, 2019:
21782178 (1) Section 372.0035(e), Local Government Code, as
21792179 added by Chapter 59 (S.B. 385), Acts of the 86th Legislature,
21802180 Regular Session, 2019; and
21812181 (2) Section 372.0035(e), Local Government Code, as
21822182 added by Chapter 1271 (S.B. 386), Acts of the 86th Legislature,
21832183 Regular Session, 2019.
21842184 (d) Section 372.005(b-1), Local Government Code, is amended
21852185 to read as follows:
21862186 (b-1) Notwithstanding Subsection (b), a petition for the
21872187 establishment of a public improvement district described by Section
21882188 372.0035(a) or (a-1) is sufficient only if signed by record owners
21892189 of taxable real property liable for assessment under the proposal
21902190 who constitute:
21912191 (1) more than 60 percent of the appraised value of
21922192 taxable real property liable for assessment under the proposal, as
21932193 determined by the current roll of the appraisal district in which
21942194 the property is located; and
21952195 (2) more than 60 percent of:
21962196 (A) all record owners of taxable real property
21972197 that are liable for assessment under the proposal; or
21982198 (B) the area of all taxable real property that is
21992199 liable for assessment under the proposal.
22002200 SECTION 186. Section 372.151, Local Government Code, is
22012201 amended to read as follows:
22022202 Sec. 372.151. APPLICABILITY. This subchapter applies only
22032203 to a county that:
22042204 (1) does not wholly contain a [contains no]
22052205 municipality with a population of more than 50,000; and
22062206 (2) is adjacent to at least two counties, each with a
22072207 population of more than 2.1 [one] million.
22082208 SECTION 187. Section 373A.003(a), Local Government Code, is
22092209 amended to read as follows:
22102210 (a) This chapter applies to a municipality with a population
22112211 of more than 950,000 [750,000] that is located in a uniform state
22122212 service region with fewer than 940,000 [550,000] occupied housing
22132213 units as determined by the most recent United States decennial
22142214 census.
22152215 SECTION 188. Section 377.051(e), Local Government Code, is
22162216 amended to read as follows:
22172217 (e) Notwithstanding Subsection (d), a person may qualify to
22182218 serve as a director of a district if the person resides in the
22192219 independent school district that serves the majority of the
22202220 district and the district is located in a municipality:
22212221 (1) with a population of more than 5,000 and less than
22222222 6,000 and that is located wholly in a county with a population of
22232223 more than 20,000 and less than 25,000 and that borders the Brazos
22242224 River; or
22252225 (2) with a population of more than 1,450 [1,488] and
22262226 less than 2,500 and that is located wholly in a county with a
22272227 population of more than 20,000 and less than 30,000 that borders the
22282228 Neches River and the Trinity River.
22292229 SECTION 189. Section 381.001(c), Local Government Code, is
22302230 amended to read as follows:
22312231 (c) In a county with a population of 15,800 [14,600] to
22322232 16,800 [14,800], or 16,950 [16,615] to 17,400 [16,715], or 18,600
22332233 [17,800] to 19,000 [18,000], or 24,600 to 24,800, a person
22342234 appointed to the commission also must be serving or must have served
22352235 on an industrial foundation committee, commissioners court,
22362236 municipality's governing body, or school board. In addition, in
22372237 those counties information obtained by the commission shall be
22382238 available to the commissioners court.
22392239 SECTION 190. Section 382.002, Local Government Code, is
22402240 amended to read as follows:
22412241 Sec. 382.002. APPLICABILITY. This chapter applies only
22422242 to:
22432243 (1) a county with a population of 1.5 million or more,
22442244 other than a county that:
22452245 (A) borders on the Gulf of Mexico or a bay or
22462246 inlet of the gulf; or
22472247 (B) has two municipalities located wholly or
22482248 partly in its boundaries each having a population of 225,000 or
22492249 more; or
22502250 (2) a county with a population of 70,000 or more that
22512251 is adjacent to a county described by Subdivision (1) in which a
22522252 municipality with a population of 90,000 [35,000] or more is
22532253 primarily situated and includes all or a part of the
22542254 extraterritorial jurisdiction of a municipality with a population
22552255 of 1.1 million or more.
22562256 SECTION 191. Section 387.0031(a), Local Government Code, is
22572257 amended to read as follows:
22582258 (a) This section applies only to a district created by a
22592259 county with a population of more than 800,000 [580,000] that
22602260 borders a county with a population of more than four million.
22612261 SECTION 192. Section 392.0131(a), Local Government Code, is
22622262 amended to read as follows:
22632263 (a) This section applies only to the merger of housing
22642264 authorities operating in:
22652265 (1) a county that [has a population of 800,000 or more
22662266 and] is located on the international border and contains a
22672267 municipality with a population of 500,000 or more; and
22682268 (2) a municipality that has a population of more than
22692269 600,000 and less than 700,000 and is located in a county described
22702270 by Subdivision (1).
22712271 SECTION 193. Sections 397.005(b) and (c), Local Government
22722272 Code, are amended to read as follows:
22732273 (b) This subsection applies only to a defense community that
22742274 includes a municipality with a population of more than 125,000
22752275 [110,000] located primarily in a county with a population of less
22762276 than 145,000 [135,000] and that has not adopted airport zoning
22772277 regulations under Chapter 241. A defense community that proposes
22782278 to adopt or amend an ordinance, rule, or plan in an area located
22792279 within eight miles of the boundary line of a military base or
22802280 defense facility shall notify the base or facility authorities
22812281 concerning the compatibility of the proposed ordinance, rule, or
22822282 plan with base operations.
22832283 (c) A defense community that proposes to adopt or amend an
22842284 ordinance, rule, or plan that would be applicable in a controlled
22852285 compatible land use area as defined by Section 241.003 and that may
22862286 impact base operations shall notify the base or facility
22872287 authorities concerning the compatibility of the proposed
22882288 ordinance, rule, or plan with base operations. This subsection
22892289 applies only to a defense community that has not adopted airport
22902290 zoning regulations under Chapter 241 and that:
22912291 (1) is a county with a population of more than 1.5
22922292 million that contains a municipality in which at least 70 [75]
22932293 percent of the county's population resides;
22942294 (2) is a county with a population of 170,000 [130,000]
22952295 or more that is adjacent to a county described by Subdivision (1);
22962296 (3) is located in a county described by Subdivision
22972297 (1) or (2); or
22982298 (4) is or includes a municipality that is located in a
22992299 county with a population of more than 100,000 and less than 130,000
23002300 that borders the Red River.
23012301 SECTION 194. Sections 397.006(a) and (c), Local Government
23022302 Code, are amended to read as follows:
23032303 (a) Subsection (b) applies only to a defense community that
23042304 includes a municipality with a population of more than 125,000
23052305 [110,000] located primarily in a county with a population of less
23062306 than 145,000 [135,000] and that has not adopted airport zoning
23072307 regulations under Chapter 241.
23082308 (c) On receipt of an application for a permit as defined by
23092309 Section 245.001 for a proposed structure that would be located in a
23102310 controlled compatible land use area as defined by Section 241.003
23112311 and may impact base operations, a defense community shall notify
23122312 the base or facility authorities concerning the compatibility of
23132313 the proposed structure with base operations. This subsection
23142314 applies only to a defense community that has not adopted airport
23152315 zoning regulations under Chapter 241 and that:
23162316 (1) is a county with a population of more than 1.5
23172317 million that contains a municipality in which at least 70 [75]
23182318 percent of the county's population resides;
23192319 (2) is a county with a population of 170,000 [130,000]
23202320 or more that is adjacent to a county described by Subdivision (1);
23212321 (3) is located in a county described by Subdivision
23222322 (1) or (2); or
23232323 (4) is or includes a municipality that is located in a
23242324 county with a population of more than 100,000 and less than 130,000
23252325 that borders the Red River.
23262326 SECTION 195. Section 504.002, Local Government Code, is
23272327 amended to read as follows:
23282328 Sec. 504.002. APPLICABILITY OF CHAPTER. This chapter
23292329 applies only to a municipality that:
23302330 (1) is located in a county that has a population of
23312331 500,000 or less; or
23322332 (2) has a population of less than 50,000 and:
23332333 (A) is located in two or more counties, one of
23342334 which has a population of 500,000 or more;
23352335 (B) is located within the territorial limits of,
23362336 but has not elected to become a part of, a metropolitan rapid
23372337 transit authority:
23382338 (i) the principal municipality of which has
23392339 a population of less than 1.9 million; and
23402340 (ii) that was created before January 1,
23412341 1980, under Chapter 141, Acts of the 63rd Legislature, Regular
23422342 Session, 1973, and is operating under Chapter 451, Transportation
23432343 Code; or
23442344 (C) is located within the territorial limits of,
23452345 but has not elected to become a part of, a regional transportation
23462346 authority:
23472347 (i) the principal municipality of which has
23482348 a population of more than 1.3 million [750,000]; and
23492349 (ii) that was created under Chapter 683,
23502350 Acts of the 66th Legislature, Regular Session, 1979, or Chapter
23512351 452, Transportation Code, and is operating under Chapter 452,
23522352 Transportation Code.
23532353 SECTION 196. Section 505.157(a), Local Government Code, is
23542354 amended to read as follows:
23552355 (a) In this section, "landlocked community" means a
23562356 municipality that:
23572357 (1) is wholly or partly located in a county with a
23582358 population of 2.5 [two] million or more; and
23592359 (2) has within its municipal limits and
23602360 extraterritorial jurisdiction less than 100 acres that can be used
23612361 for the development of manufacturing or industrial facilities in
23622362 accordance with the municipality's zoning laws or land use
23632363 restrictions.
23642364 SECTION 197. Section 552.024(b), Local Government Code, is
23652365 amended to read as follows:
23662366 (b) This section applies only to a home-rule municipality
23672367 that:
23682368 (1) has a population of at least 99,000 and not more
23692369 than 160,000;
23702370 (2) is located in two counties, only one of which has a
23712371 population of at least 150,000 [132,000] and not more than 170,000;
23722372 and
23732373 (3) owns and operates a water system, sewer system, or
23742374 combined system.
23752375 SECTION 198. Section 552.044(1), Local Government Code, is
23762376 amended to read as follows:
23772377 (1)(A) "Benefitted property" means an improved lot or
23782378 tract to which drainage service is made available under this
23792379 subchapter.
23802380 (B) "Benefitted property," in a municipality
23812381 with a population of more than 1.18 million located primarily in a
23822382 county with a population of 2.5 [2] million or more which is
23832383 operating a drainage utility system under this chapter, means a lot
23842384 or tract, but does not include land appraised for agricultural use,
23852385 to which drainage service is made available under this subchapter
23862386 and which discharges into a creek, river, slough, culvert, or other
23872387 channel that is part of the municipality's drainage utility
23882388 system. Sections 552.053(c)(2) and (c)(3) do not apply to a
23892389 municipality described in this subdivision.
23902390 SECTION 199. Section 552.913(a), Local Government Code, is
23912391 amended to read as follows:
23922392 (a) This section applies only to a home-rule municipality
23932393 that:
23942394 (1) has a population of more than 100,000;
23952395 (2) owns and operates an electric utility that is a
23962396 member of a municipal power agency; and
23972397 (3) is located in a county adjacent to a county with a
23982398 population of more than 2.5 [two] million.
23992399 SECTION 200. Section 562.016, Local Government Code, is
24002400 amended to read as follows:
24012401 Sec. 562.016. COUNTY WATER AND SEWER SYSTEM. (a) A county
24022402 may acquire, own, finance, operate, or contract for the operation
24032403 of, a water or sewer utility system to serve an unincorporated area
24042404 of the county in the same manner and under the same regulations as a
24052405 municipality under Chapter 552. The county must comply with all
24062406 provisions of Chapter 13, Water Code, that apply to a municipality.
24072407 However, a county with a population of 2.5 [two] million or more and
24082408 any adjoining county may, with the municipality's approval, serve
24092409 an area within a municipality.
24102410 (b) To finance the water or sewer utility system, a county
24112411 may issue bonds payable solely from the revenue generated by the
24122412 water or sewer utility system. A bond issued under this section is
24132413 not a debt of the county but is only a charge on the revenues pledged
24142414 and is not considered in determining the ability of the county to
24152415 issue bonds for any other purpose authorized by law. This
24162416 subsection does not authorize the issuance of general obligation
24172417 bonds payable from ad valorem taxes to finance a water or sewer
24182418 utility system. However, a county with a population of 2.5 [two]
24192419 million or more and any adjoining county may issue general
24202420 obligation bonds with the approval of qualified voters.
24212421 (c) A county may acquire any interest in property necessary
24222422 to operate a system authorized by this section through any means
24232423 available to the county, including eminent domain. A county may
24242424 not use eminent domain under this subsection to acquire property in
24252425 a municipality. Provided, however, a county with a population of
24262426 2.5 [two] million or more and any adjoining county may, with the
24272427 municipality's approval, use the power of eminent domain under this
24282428 subsection to acquire property within a municipality.
24292429 SECTION 201. Section 615.002(a), Local Government Code, is
24302430 amended to read as follows:
24312431 (a) This section applies to a county with a population of:
24322432 (1) 14,800 [14,050] to 15,000 [14,250];
24332433 (2) 19,900 [19,700] to 20,000 [19,800];
24342434 (3) 21,300 [21,850] to 21,500 [22,000];
24352435 (4) 57,800 [54,000] to 57,900 [54,500];
24362436 (5) 36,000 [36,500] to 36,500 [36,800]; or
24372437 (6) 234,000 or more.
24382438 SECTION 202. Section 615.011(b), Local Government Code, is
24392439 amended to read as follows:
24402440 (b) A county with a population of 44,500 [41,500] to 45,500
24412441 [42,500] may authorize the use of county equipment, machinery, and
24422442 employees to construct, establish, and maintain a public airstrip
24432443 in the county.
24442444 SECTION 203. Section 61.018(a-1), Natural Resources Code,
24452445 is amended to read as follows:
24462446 (a-1) A county attorney, district attorney, or criminal
24472447 district attorney or the attorney general may not file a suit under
24482448 Subsection (a) to obtain a temporary or permanent court order or
24492449 injunction, either prohibitory or mandatory, to remove a house from
24502450 a public beach if:
24512451 (1) the line of vegetation establishing the boundary
24522452 of the public beach moved as a result of a meteorological event that
24532453 occurred before January 1, 2009;
24542454 (2) the house was located landward of the natural line
24552455 of vegetation before the meteorological event;
24562456 (3) a portion of the house continues to be located
24572457 landward of the line of vegetation; and
24582458 (4) the house is located on a peninsula in a county
24592459 with a population of more than 315,000 [285,000] and less than
24602460 351,000 [300,000] that borders the Gulf of Mexico.
24612461 SECTION 204. Section 162.001(c-4), Occupations Code, is
24622462 amended to read as follows:
24632463 (c-4) The board shall certify a health organization to
24642464 contract with or employ physicians licensed by the board if the
24652465 organization:
24662466 (1) is a hospital district:
24672467 (A) recognized by a federal agency as a public
24682468 entity eligible to receive a grant related to a community or
24692469 federally qualified health center described by Subdivision (2); and
24702470 (B) created in a county with a population of more
24712471 than 1.2 million [800,000] that was not included in the boundaries
24722472 of a hospital district before September 1, 2003; and
24732473 (2) is organized and operated as:
24742474 (A) a migrant, community, or homeless health
24752475 center under the authority of and in compliance with 42 U.S.C.
24762476 Section 254b or 254c; or
24772477 (B) a federally qualified health center under 42
24782478 U.S.C. Section 1396d(l)(2)(B).
24792479 SECTION 205. Section 2026.011, Occupations Code, is amended
24802480 to read as follows:
24812481 Sec. 2026.011. AUTOMOBILE RACING FACILITY PROHIBITED NEAR
24822482 RACETRACK IN CERTAIN COUNTIES. An automobile racing facility may
24832483 not be located within 10,000 feet of a horse or greyhound racetrack
24842484 that is located in a county with a population of 2.1 [1.8] million
24852485 or more.
24862486 SECTION 206. Section 2301.6521(a), Occupations Code, is
24872487 amended to read as follows:
24882488 (a) In this section, "affected county" means:
24892489 (1) a county with a population of 1.2 [one] million or
24902490 more; or
24912491 (2) a county with a population of 800,000 [500,000] or
24922492 more but less than 1.1 [one] million that is adjacent to a county
24932493 with a population of 1.2 [one] million or more.
24942494 SECTION 207. Section 2308.209(b), Occupations Code, is
24952495 amended to read as follows:
24962496 (b) This section applies only to the unincorporated area of
24972497 a county:
24982498 (1) with a population of 450,000 or more that is
24992499 adjacent to a county with a population of 3.3 million or more;
25002500 (2) with a population of less than 9,000 [10,000] that
25012501 is located in a national forest; or
25022502 (3) adjacent to a county described by Subdivision (2)
25032503 that has a population of less than 75,000.
25042504 SECTION 208. Section 61.021(c), Parks and Wildlife Code, is
25052505 amended to read as follows:
25062506 (c) Subsection (b) applies only to hunting on land that is:
25072507 (1) owned or leased by the Kickapoo Traditional Tribe
25082508 of Texas; and
25092509 (2) located in a county that:
25102510 (A) borders the United Mexican States and has a
25112511 population of more than 50,000 but less than 70,000; or
25122512 (B) is adjacent to a county described by
25132513 Paragraph (A) and has a population of less than 8,000 [9,000].
25142514 SECTION 209. Section 5.0622(a), Property Code, is amended
25152515 to read as follows:
25162516 (a) This section applies only to a county with a population
25172517 of less than 100,000 that is located in a metropolitan statistical
25182518 area as defined by the federal Office of Management and Budget:
25192519 (1) with a population of more than 1.5 million; and
25202520 (2) adjacent to a different metropolitan statistical
25212521 area as defined by the federal Office of Management and Budget with
25222522 a population of more than 2.5 [2] million.
25232523 SECTION 210. Section 201.001(a), Property Code, is amended
25242524 to read as follows:
25252525 (a) This chapter applies to a residential real estate
25262526 subdivision that is located in whole or in part:
25272527 (1) within a city that has a population of more than
25282528 100,000, or within the extraterritorial jurisdiction of such a
25292529 city;
25302530 (2) in the unincorporated area of:
25312531 (A) a county having a population of 3.3 million
25322532 or more; or
25332533 (B) a county having a population of 50,000
25342534 [40,000] or more that is adjacent to a county having a population of
25352535 3.3 million or more; or
25362536 (3) in the incorporated area of a county having a
25372537 population of 50,000 [40,000] or more that is adjacent to a county
25382538 having a population of 3.3 million or more.
25392539 SECTION 211. Section 204.002(a), Property Code, is amended
25402540 to read as follows:
25412541 (a) This chapter applies only to a residential real estate
25422542 subdivision, excluding a condominium development governed by Title
25432543 7[, Property Code,] that is located in whole or in part:
25442544 (1) in a county with a population of 3.3 million or
25452545 more;
25462546 (2) in a county with a population of not less than
25472547 315,000 [285,000] and not more than 351,000 [300,000] that is
25482548 adjacent to the Gulf of Mexico and that is adjacent to a county
25492549 having a population of 3.3 million or more; or
25502550 (3) in a county with a population of 275,000 or more
25512551 that:
25522552 (A) is adjacent to a county with a population of
25532553 3.3 million or more; and
25542554 (B) contains part of a national forest.
25552555 SECTION 212. Section 210.002, Property Code, is amended to
25562556 read as follows:
25572557 Sec. 210.002. APPLICABILITY OF CHAPTER. This chapter
25582558 applies to a residential real estate subdivision that is located in
25592559 a county with a population of:
25602560 (1) more than 200,000 and less than 233,500 [220,000];
25612561 or
25622562 (2) more than 45,000 and less than 85,000 [80,000]
25632563 that is adjacent to a county with a population of more than 200,000
25642564 and less than 233,500 [220,000].
25652565 SECTION 213. Section 211.001(4), Property Code, is amended
25662566 to read as follows:
25672567 (4) "Residential real estate subdivision" or
25682568 "subdivision" means all land encompassed within one or more maps or
25692569 plats of land that is divided into two or more parts if:
25702570 (A) the maps or plats cover land all or part of
25712571 which is not located within a municipality and:
25722572 (i) for a county with a population of less
25732573 than 65,000, is not located within the extraterritorial
25742574 jurisdiction of a municipality;
25752575 (ii) for a county with a population of at
25762576 least 65,000 and less than 135,000, is located wholly within the
25772577 extraterritorial jurisdiction of a municipality; or
25782578 (iii) for a county that borders Lake
25792579 Buchanan and has a population of at least 21,000 [18,500] and less
25802580 than 22,000 [19,500], is located wholly within the extraterritorial
25812581 jurisdiction of a municipality;
25822582 (B) the land encompassed within the maps or plats
25832583 is or was burdened by restrictions limiting all or at least a
25842584 majority of the land area covered by the map or plat, excluding
25852585 streets and public areas, to residential use only; and
25862586 (C) all instruments creating the restrictions
25872587 are recorded in the deed or real property records of a county.
25882588 SECTION 214. Section 211.002(a), Property Code, is amended
25892589 to read as follows:
25902590 (a) This chapter applies only to a residential real estate
25912591 subdivision or any unit or parcel of a subdivision:
25922592 (1) all or part of which is located within an
25932593 unincorporated area of a county if the county has a population of
25942594 less than 65,000;
25952595 (2) all of which is located within the
25962596 extraterritorial jurisdiction of a municipality located in a county
25972597 that has a population of at least 65,000 and less than 135,000;
25982598 (3) all of which is located within the
25992599 extraterritorial jurisdiction of a municipality located in a county
26002600 that borders Lake Buchanan and has a population of at least 21,000
26012601 [18,500] and less than 22,000 [19,500]; or
26022602 (4) all or part of which is located within a county
26032603 that borders Lake Livingston and has a population of less than
26042604 55,000 [50,000].
26052605 SECTION 215. Section 6.41(b-2), Tax Code, is amended to
26062606 read as follows:
26072607 (b-2) An appraisal district board of directors for a
26082608 district established in a county with a population of 1.2 [one]
26092609 million or more by resolution of a majority of the board's members
26102610 shall increase the size of the district's appraisal review board to
26112611 the number of members the board of directors considers appropriate
26122612 to manage the duties of the appraisal review board, including the
26132613 duties of each special panel established under Section 6.425.
26142614 SECTION 216. Section 11.18(p), Tax Code, is amended to read
26152615 as follows:
26162616 (p) The exemption authorized by Subsection (d)(23) applies
26172617 only to property that:
26182618 (1) is owned by a charitable organization that has
26192619 been in existence for at least:
26202620 (A) 20 years if the property is located in a
26212621 county described by Subdivision (4)(A); or
26222622 (B) two years if the property is located in a
26232623 municipality described by Subdivision (4)(B);
26242624 (2) is located on a tract of land that:
26252625 (A) is at least 15 acres in size; and
26262626 (B) was either:
26272627 (i) owned by the organization on July 1,
26282628 2021; or
26292629 (ii) acquired by donation and owned by the
26302630 organization on January 1, 2023;
26312631 (3) is used to provide permanent housing and related
26322632 services to individuals described by that subsection; and
26332633 (4) is located in:
26342634 (A) a county with a population of more than 1.2
26352635 [one] million and less than 1.5 million; or
26362636 (B) a municipality with a population of more than
26372637 100,000 and less than 150,000 at least part of which is located in a
26382638 county with a population of less than 5,500 [5,000].
26392639 SECTION 217. Sections 11.1825(s) and (v), Tax Code, are
26402640 amended to read as follows:
26412641 (s) Unless otherwise provided by the governing body of a
26422642 taxing unit any part of which is located in a county with a
26432643 population of at least 2.1 [1.8] million under Subsection (x), for
26442644 property described by Subsection (f)(1), the amount of the
26452645 exemption under this section from taxation is 50 percent of the
26462646 appraised value of the property.
26472647 (v) Notwithstanding any other provision of this section, an
26482648 organization may not receive an exemption from taxation of property
26492649 described by Subsection (f)(1) by a taxing unit any part of which is
26502650 located in a county with a population of at least 2.1 [1.8] million
26512651 unless the exemption is approved by the governing body of the taxing
26522652 unit in the manner provided by law for official action.
26532653 SECTION 218. Section 11.315(b), Tax Code, is amended to
26542654 read as follows:
26552655 (b) A person is entitled to an exemption from taxation by a
26562656 taxing unit of an energy storage system owned by the person if:
26572657 (1) the exemption is adopted by the governing body of
26582658 the taxing unit in the manner provided by law for official action by
26592659 the governing body; and
26602660 (2) the energy storage system:
26612661 (A) is used, constructed, acquired, or installed
26622662 wholly or partly to meet or exceed 40 C.F.R. Section 50.11 or any
26632663 other rules or regulations adopted by any environmental protection
26642664 agency of the United States, this state, or a political subdivision
26652665 of this state for the prevention, monitoring, control, or reduction
26662666 of air pollution;
26672667 (B) is located in:
26682668 (i) an area designated as a nonattainment
26692669 area within the meaning of Section 107(d) of the federal Clean Air
26702670 Act (42 U.S.C. Section 7407); and
26712671 (ii) a municipality with a population of at
26722672 least 150,000 [100,000] adjacent to a municipality with a
26732673 population of more than two million;
26742674 (C) has a capacity of at least 10 megawatts; and
26752675 (D) is installed on or after January 1, 2014.
26762676 SECTION 219. Section 31.03(d), Tax Code, is amended to read
26772677 as follows:
26782678 (d) This subsection applies only to a taxing unit located in
26792679 a county having a population of not less than 315,000 [285,000] and
26802680 not more than 351,000 [300,000] that borders a county having a
26812681 population of 3.3 million or more and the Gulf of Mexico. The
26822682 governing body of a taxing unit that has its taxes collected by
26832683 another taxing unit that has adopted the split-payment option under
26842684 Subsection (a) may provide, in the manner required by law for
26852685 official action by the body, that the split-payment option does not
26862686 apply to the taxing unit's taxes collected by the other taxing unit.
26872687 SECTION 220. Sections 31.11(a) and (i), Tax Code, are
26882688 amended to read as follows:
26892689 (a) If a taxpayer applies to the tax collector of a taxing
26902690 unit for a refund of an overpayment or erroneous payment of taxes,
26912691 the collector for the unit determines that the payment was
26922692 erroneous or excessive, and the auditor for the unit agrees with the
26932693 collector's determination, the collector shall refund the amount of
26942694 the excessive or erroneous payment from available current tax
26952695 collections or from funds appropriated by the unit for making
26962696 refunds. However, the collector may not make the refund unless:
26972697 (1) in the case of a collector who collects taxes for
26982698 one taxing unit, the governing body of the taxing unit also
26992699 determines that the payment was erroneous or excessive and approves
27002700 the refund if the amount of the refund exceeds:
27012701 (A) $5,000 for a refund to be paid by a county
27022702 with a population of 2.5 [two] million or more; or
27032703 (B) $500 for a refund to be paid by any other
27042704 taxing unit; or
27052705 (2) in the case of a collector who collects taxes for
27062706 more than one taxing unit, the governing body of the taxing unit
27072707 that employs the collector also determines that the payment was
27082708 erroneous or excessive and approves the refund if the amount of the
27092709 refund exceeds:
27102710 (A) $5,000 for a refund to be paid by a county
27112711 with a population of 2.5 [two] million or more; or
27122712 (B) $2,500 for a refund to be paid by any other
27132713 taxing unit.
27142714 (i) Notwithstanding the other provisions of this section,
27152715 in the case of an overpayment or erroneous payment of taxes
27162716 submitted by a taxpayer to a collector who collects taxes for one or
27172717 more taxing units one of which is a county with a population of 2.5
27182718 [two] million or more:
27192719 (1) a taxpayer is not required to apply to the
27202720 collector for the refund to be entitled to receive the refund if the
27212721 amount of the refund is at least $5 but does not exceed $5,000; and
27222722 (2) the collector is not required to comply with
27232723 Subsection (g) unless the amount of the payment exceeds by more than
27242724 $5,000 the amount of taxes owed for a tax year to a taxing unit for
27252725 which the collector collects taxes.
27262726 SECTION 221. Section 156.2512(c)(1), Tax Code, is amended
27272727 to read as follows:
27282728 (1) "Eligible barrier island coastal municipality"
27292729 means a municipality:
27302730 (A) that borders on the Gulf of Mexico;
27312731 (B) that is located wholly or partly on a barrier
27322732 island; and
27332733 (C) that:
27342734 (i) includes an institution of higher
27352735 education that is part of the Texas Coastal Ocean Observation
27362736 Network under Section 33.065, Natural Resources Code;
27372737 (ii) includes a national estuarine research
27382738 reserve;
27392739 (iii) is located within 30 miles of the
27402740 United Mexican States; or
27412741 (iv) has a population of less than 10,000
27422742 and is located in a county with a population of at least 370,000
27432743 [300,000] that is adjacent to a county with a population of at least
27442744 3,000,000.
27452745 SECTION 222. Section 311.0091(a), Tax Code, is amended to
27462746 read as follows:
27472747 (a) This section applies to a reinvestment zone designated
27482748 by a municipality which is wholly or partially located in a county
27492749 with a population of less than 2.1 [1.8] million in which the
27502750 principal municipality has a population of 1.1 million or more.
27512751 SECTION 223. Section 311.013(m), Tax Code, is amended to
27522752 read as follows:
27532753 (m) The governing body of a municipality that is located in
27542754 a county with a population of more than 2.1 [1.8] million but less
27552755 than 2.5 [1.9] million or in a county with a population of 3.3
27562756 million or more by ordinance may reduce the portion of the tax
27572757 increment produced by the municipality that the municipality is
27582758 required to pay into the tax increment fund for the zone. The
27592759 municipality may not reduce under this subsection the portion of
27602760 the tax increment produced by the municipality that the
27612761 municipality is required to pay into the tax increment fund for the
27622762 zone unless the municipality provides each county that has entered
27632763 into an agreement with the municipality to pay all or a portion of
27642764 the county's tax increment into the fund an opportunity to enter
27652765 into an agreement with the municipality to reduce the portion of the
27662766 tax increment produced by the county that the county is required to
27672767 pay into the tax increment fund for the zone by the same proportion
27682768 that the portion of the municipality's tax increment that the
27692769 municipality is required to pay into the fund is reduced. The
27702770 portion of the tax increment produced by a municipality that the
27712771 municipality is required to pay into the tax increment fund for a
27722772 reinvestment zone, as reduced by the ordinance adopted under this
27732773 subsection, together with all other revenues required to be paid
27742774 into the fund, must be sufficient to complete and pay for the
27752775 estimated costs of projects listed in the reinvestment zone
27762776 financing plan and pay any tax increment bonds or notes issued for
27772777 the zone, and any other obligations of the zone.
27782778 SECTION 224. Section 311.017(a-1), Tax Code, as added by
27792779 Chapter 137 (S.B. 1105), Acts of the 81st Legislature, Regular
27802780 Session, 2009, is amended to read as follows:
27812781 (a-1) This subsection applies only to a reinvestment zone
27822782 created by a municipality that has a population of more than 256,000
27832783 [220,000] but less than 280,000 [235,000] and is the county seat of
27842784 a county that has a population of 325,000 [280,000] or less.
27852785 Notwithstanding Subsection (a)(1), a municipality by ordinance
27862786 adopted subsequent to the ordinance adopted by the municipality
27872787 creating a reinvestment zone may designate a termination date for
27882788 the zone that is later than the termination date designated in the
27892789 ordinance creating the zone but not later than the 20th anniversary
27902790 of that date. If a municipality adopts an ordinance extending the
27912791 termination date for a reinvestment zone as authorized by this
27922792 subsection, the zone terminates on the earlier of:
27932793 (1) the termination date designated in the ordinance;
27942794 or
27952795 (2) the date provided by Subsection (a)(2).
27962796 SECTION 225. Section 325.021(a), Tax Code, is amended to
27972797 read as follows:
27982798 (a) A county having a population of 60,000 [55,000] or less
27992799 that borders the Rio Grande containing a municipality with a
28002800 population of more than 22,000 may adopt or abolish the sales and
28012801 use tax authorized by this chapter at an election held in the
28022802 county.
28032803 SECTION 226. Section 327.007(a), Tax Code, is amended to
28042804 read as follows:
28052805 (a) Unless imposition of the sales and use tax authorized by
28062806 this chapter is reauthorized as provided by this section, the tax
28072807 expires on:
28082808 (1) the fourth anniversary of the date the tax
28092809 originally took effect under Section 327.005;
28102810 (2) the first day of the first calendar quarter
28112811 occurring after the fourth anniversary of the date the tax was last
28122812 reauthorized under this section if, at that election, the voters
28132813 approved the imposition of the tax for a period that expires on that
28142814 anniversary;
28152815 (2-a) if the tax is imposed in a municipality that is
28162816 intersected by two interstate highways, that has a population of
28172817 150,000 or more, and in which at least 66 percent of the voters
28182818 voting in each of the last two consecutive elections concerning the
28192819 adoption or reauthorization of the tax favored adoption or
28202820 reauthorization, and that tax has not expired as provided by
28212821 Subdivision (1) or (2) since the first of those two consecutive
28222822 elections, the last day of the first calendar quarter occurring
28232823 after the eighth anniversary of the date the tax was last
28242824 reauthorized under this section if, at that election, the voters
28252825 approved the imposition of the tax for a period that expires on that
28262826 anniversary instead of the period described by Subdivision (2); or
28272827 (3) if the tax is imposed in a [general-law]
28282828 municipality with a population of more than 11,450 and less than
28292829 11,550 [10,000 or more surrounded entirely by a municipality with a
28302830 population of 1.3 million or more], the last day of the first
28312831 calendar quarter occurring after the 10th anniversary of the date
28322832 the tax was last reauthorized under this section if, at that
28332833 election, the voters approved the imposition of the tax for a period
28342834 that expires on that anniversary instead of the period described by
28352835 Subdivision (2).
28362836 SECTION 227. Section 351.001(7), Tax Code, is amended to
28372837 read as follows:
28382838 (7) "Eligible central municipality" means:
28392839 (A) a municipality with a population of more than
28402840 140,000 but less than 1.5 million that is located in a county with a
28412841 population of one million or more and that has adopted a capital
28422842 improvement plan for the construction or expansion of a convention
28432843 center facility;
28442844 (B) a municipality with a population of 250,000
28452845 or more that:
28462846 (i) is located wholly or partly on a barrier
28472847 island that borders the Gulf of Mexico;
28482848 (ii) is located in a county with a
28492849 population of 300,000 or more; and
28502850 (iii) has adopted a capital improvement
28512851 plan to expand an existing convention center facility;
28522852 (C) a municipality with a population of 200,000
28532853 [116,000] or more that:
28542854 (i) is located in two counties both of which
28552855 have a population of 900,000 [660,000] or more; and
28562856 (ii) has adopted a capital improvement plan
28572857 for the construction or expansion of a convention center facility;
28582858 (D) a municipality with a population of less than
28592859 50,000 that contains a general academic teaching institution that
28602860 is not a component institution of a university system, as those
28612861 terms are defined by Section 61.003, Education Code; or
28622862 (E) a municipality with a population of 640,000
28632863 or more that:
28642864 (i) is located on an international border;
28652865 and
28662866 (ii) has adopted a capital improvement plan
28672867 for the construction or expansion of a convention center facility.
28682868 SECTION 228. Sections 351.101(a), (i), (j), (o), and (p),
28692869 Tax Code, are amended to read as follows:
28702870 (a) Revenue from the municipal hotel occupancy tax may be
28712871 used only to promote tourism and the convention and hotel industry,
28722872 and that use is limited to the following:
28732873 (1) the acquisition of sites for and the construction,
28742874 improvement, enlarging, equipping, repairing, operation, and
28752875 maintenance of convention center facilities or visitor information
28762876 centers, or both;
28772877 (2) the furnishing of facilities, personnel, and
28782878 materials for the registration of convention delegates or
28792879 registrants;
28802880 (3) advertising and conducting solicitations and
28812881 promotional programs to attract tourists and convention delegates
28822882 or registrants to the municipality or its vicinity;
28832883 (4) the encouragement, promotion, improvement, and
28842884 application of the arts, including instrumental and vocal music,
28852885 dance, drama, folk art, creative writing, architecture, design and
28862886 allied fields, painting, sculpture, photography, graphic and craft
28872887 arts, motion pictures, radio, television, tape and sound recording,
28882888 and other arts related to the presentation, performance, execution,
28892889 and exhibition of these major art forms;
28902890 (5) historical restoration and preservation projects
28912891 or activities or advertising and conducting solicitations and
28922892 promotional programs to encourage tourists and convention
28932893 delegates to visit preserved historic sites or museums:
28942894 (A) at or in the immediate vicinity of convention
28952895 center facilities or visitor information centers; or
28962896 (B) located elsewhere in the municipality or its
28972897 vicinity that would be frequented by tourists and convention
28982898 delegates;
28992899 (6) expenses, including promotion expenses, directly
29002900 related to a sporting event in which the majority of participants
29012901 are tourists who substantially increase economic activity at hotels
29022902 and motels within the municipality or its vicinity if:
29032903 (A) the municipality is located in a county with
29042904 a population of one million or less;
29052905 (B) the municipality has a population of more
29062906 than 67,000 and is located in two counties with 90 percent of the
29072907 municipality's territory located in a county with a population of
29082908 at least 800,000 [580,000], and the remaining territory located in
29092909 a county with a population of at least four million; or
29102910 (C) the municipality has a population of at least
29112911 200,000 and shares a border with:
29122912 (i) a municipality with a population of at
29132913 least 62,000 that:
29142914 (a) borders Lake Ray Hubbard; and
29152915 (b) is located in two counties, one of
29162916 which has a population of less than 110,000 [described by Section
29172917 351.102(e)(7)]; and
29182918 (ii) Lake Ray Hubbard;
29192919 (7) subject to Section 351.1076, the promotion of
29202920 tourism by the enhancement and upgrading of existing sports
29212921 facilities or fields if:
29222922 (A) the municipality owns the facilities or
29232923 fields;
29242924 (B) the municipality:
29252925 (i) has a population of 80,000 or more and
29262926 is located in a county that has a population of 610,000 [350,000] or
29272927 less;
29282928 (ii) has a population of at least 80,000
29292929 [75,000] but not more than 125,000 [95,000] and is located in a
29302930 county that has a population of less than 240,000 [200,000] but more
29312931 than 233,500 [160,000];
29322932 (iii) has:
29332933 (a) a population of at least 10,000
29342934 [36,000 but not more than 39,000] and is located in a county that
29352935 has a population of more than 70,000 and borders Lake Livingston; or
29362936 (b) [has] a population of 36,000
29372937 [100,000] or more and [less that] is located in a county with a
29382938 population of less than 95,000 that borders Oklahoma [not adjacent
29392939 to a county with a population of more than two million];
29402940 (iv) has a population of at least 13,000 but
29412941 less than 48,000 [39,000] and is located in a county that has a
29422942 population of at least 200,000;
29432943 (v) has a population of at least 70,000 but
29442944 less than 90,000 and no part of which is located in a county with a
29452945 population greater than 150,000;
29462946 (vi) is located in a county that:
29472947 (a) is adjacent to the Texas-Mexico
29482948 border;
29492949 (b) has a population of at least
29502950 500,000; and
29512951 (c) does not have a municipality with
29522952 a population greater than 500,000;
29532953 (vii) [has a population of at least 25,000
29542954 but not more than 26,000 and] is located in a county that has a
29552955 population of 100,000 [90,000] or less and the municipality has a
29562956 population of:
29572957 (a) more than 24,400 and less than
29582958 25,000; or
29592959 (b) more than 28,150 and less than
29602960 31,000;
29612961 (viii) is located in a county that has a
29622962 population of not more than 300,000 and in which a component
29632963 university of the University of Houston System is located;
29642964 (ix) has a population of at least 40,000 and
29652965 the San Marcos River flows through the municipality;
29662966 (x) has a population of more than 67,000 and
29672967 is located in two counties with 90 percent of the municipality's
29682968 territory located in a county with a population of at least 800,000
29692969 [580,000], and the remaining territory located in a county with a
29702970 population of at least four million;
29712971 (xi) contains an intersection of
29722972 Interstates 35E and 35W and at least two public universities; or
29732973 (xii) is described by Subdivision (6)(C);
29742974 and
29752975 (C) the sports facilities and fields have been
29762976 used, in the preceding calendar year, a combined total of more than
29772977 10 times for district, state, regional, or national sports
29782978 tournaments;
29792979 (8) for a municipality with a population of at least
29802980 70,000 but less than 90,000, no part of which is located in a county
29812981 with a population greater than 150,000, the construction,
29822982 improvement, enlarging, equipping, repairing, operation, and
29832983 maintenance of a coliseum or multiuse facility;
29842984 (9) signage directing the public to sights and
29852985 attractions that are visited frequently by hotel guests in the
29862986 municipality;
29872987 (10) the construction, improvement, enlarging,
29882988 equipping, repairing, operation, and maintenance of a coliseum or
29892989 multiuse facility, if the municipality:
29902990 (A) has a population of at least 90,000 but less
29912991 than 120,000; and
29922992 (B) is located in two counties, at least one of
29932993 which contains the headwaters of the San Gabriel River; and
29942994 (11) for a municipality with a population of more than
29952995 175,000 but less than 225,000 that is located in two counties, each
29962996 of which has a population of less than 200,000, the construction,
29972997 improvement, enlarging, equipping, repairing, operation, and
29982998 maintenance of a coliseum or multiuse facility and related
29992999 infrastructure or a venue, as defined by Section 334.001(4), Local
30003000 Government Code, that is related to the promotion of tourism.
30013001 (i) In addition to the purposes provided by Subsection (a),
30023002 a municipality that has a population of at least 80,000 [75,000] but
30033003 not more than 125,000 [95,000] and that is located in a county that
30043004 has a population of more than 233,500 [160,000] but less than
30053005 240,000 [200,000] may use revenue from the municipal hotel tax to
30063006 promote tourism and the convention and hotel industry by
30073007 constructing, operating, or expanding a sporting related facility
30083008 or sports field owned by the municipality, if the majority of the
30093009 events at the facility or field are directly related to a sporting
30103010 event in which the majority of participants are tourists who
30113011 substantially increase economic activity at hotels in the
30123012 municipality.
30133013 (j) In addition to the purposes provided by Subsection (a),
30143014 a municipality that has a population of not more than 5,500 [5,000]
30153015 and at least part of which is located less than one-eighth of one
30163016 mile from a space center operated by an agency of the federal
30173017 government may use revenue from the municipal hotel occupancy tax
30183018 for expenses, including promotion expenses, directly related to a
30193019 sporting event in which the majority of participants are tourists
30203020 who substantially increase economic activity at hotels and motels
30213021 within the municipality or its vicinity.
30223022 (o) In addition to the purposes provided by Subsection (a),
30233023 a municipality that has a population of not more than 15,200
30243024 [10,000], that contains an outdoor gear and sporting goods retailer
30253025 with retail space larger than 175,000 square feet, and that hosts an
30263026 annual wiener dog race may use revenue from the municipal hotel
30273027 occupancy tax to promote tourism and the convention and hotel
30283028 industry by constructing, operating, or expanding a sporting
30293029 related facility or sports field owned by the municipality, if the
30303030 majority of the events at the facility or field are directly related
30313031 to a sporting event in which the majority of participants are
30323032 tourists who substantially increase economic activity at hotels in
30333033 the municipality. If a municipality to which this subsection
30343034 applies uses revenue derived from the municipal hotel occupancy tax
30353035 for a purpose described by this subsection, the municipality may
30363036 not reduce the percentage of revenue from that tax allocated for a
30373037 purpose described by Subsection (a)(3) to a percentage that is less
30383038 than the average percentage of that revenue allocated by the
30393039 municipality for that purpose during the 36-month period preceding
30403040 the date the municipality begins using the revenue for a purpose
30413041 described by this subsection.
30423042 (p) In addition to the purposes provided by Subsection (a),
30433043 a municipality with a population of more than 70,000 [48,000] but
30443044 less than 115,000 [95,000] that is located in two counties, one of
30453045 which has a population of at least 1.1 million [900,000] but less
30463046 than 1.9 [1.7] million, may use revenue from the municipal hotel
30473047 occupancy tax to promote tourism and the convention and hotel
30483048 industry by constructing, improving, equipping, repairing,
30493049 maintaining, operating, or expanding a coliseum or multiuse
30503050 facility if the majority of the events at the coliseum or facility
30513051 attract tourists who substantially increase economic activity at
30523052 hotels in the municipality.
30533053 SECTION 229. Section 351.1015(b), Tax Code, is amended to
30543054 read as follows:
30553055 (b) This section applies only to a qualified project located
30563056 in a municipality with a population of at least 700,000 [650,000]
30573057 but less than 950,000 [750,000] according to the most recent
30583058 federal decennial census.
30593059 SECTION 230. Section 351.102(e), Tax Code, is amended to
30603060 read as follows:
30613061 (e) Subsection (b) applies only to:
30623062 (1) a municipality with a population of two million or
30633063 more;
30643064 (2) a municipality with a population of 700,000 or
30653065 more but less than 1.4 [1.3] million;
30663066 (3) a municipality with a population of 350,000 or
30673067 more but less than 450,000 in which at least two professional sports
30683068 stadiums are located, each of which:
30693069 (A) has a seating capacity of at least 40,000
30703070 people; and
30713071 (B) was approved by the voters of the
30723072 municipality as a sports and community venue project under Chapter
30733073 334, Local Government Code; and
30743074 (4) a municipality with a population of less than
30753075 2,000 that:
30763076 (A) is located adjacent to a bay connected to the
30773077 Gulf of Mexico;
30783078 (B) is located in a county with a population of
30793079 290,000 or more that is adjacent to a county with a population of
30803080 four million or more; and
30813081 (C) has a boardwalk on the bay.
30823082 SECTION 231. Section 351.104(a), Tax Code, is amended to
30833083 read as follows:
30843084 (a) This section applies only to a home-rule municipality
30853085 that borders a bay, that has a population of less than 85,000
30863086 [80,000], and that is not an eligible coastal municipality.
30873087 SECTION 232. Section 351.1066(a), Tax Code, is amended to
30883088 read as follows:
30893089 (a) This section applies only to:
30903090 (1) a municipality with a population of at least 3,500
30913091 but less than 5,500 that is the county seat of a county with a
30923092 population of less than 50,000 that borders a county with a
30933093 population of more than 1.6 million;
30943094 (2) a municipality with a population of at least 2,800
30953095 [2,900] but less than 3,500 that is the county seat of a county with
30963096 a population of less than 22,000 that is bordered by the Trinity
30973097 River and includes a state park and a portion of a wildlife
30983098 management area;
30993099 (3) a municipality with a population of at least 8,000
31003100 [7,500] that is located in a county that borders the Pecos River and
31013101 that has a population of not more than 15,000;
31023102 (4) a municipality with a population of not more than
31033103 15,000 that is located in a county through which the Frio River
31043104 flows and an interstate highway crosses, and that has a population
31053105 of at least 15,000;
31063106 (5) a municipality with a population of not less than
31073107 7,500 that is located in a county with a population of not less than
31083108 40,000 but less than 250,000 that is adjacent to a county with a
31093109 population of less than 750;
31103110 (6) a municipality that is the county seat of a county
31113111 with a population of at least 8,500 and that county contains part of
31123112 the Chaparral Wildlife Management Area; and
31133113 (7) a municipality that has a population of not more
31143114 than 25,000, that contains a cultural heritage museum, and that is
31153115 located in a county that borders the United Mexican States and the
31163116 Gulf of Mexico.
31173117 SECTION 233. Section 351.10692(a), Tax Code, is amended to
31183118 read as follows:
31193119 (a) This section applies only to a municipality with a
31203120 population of less than 5,000 [2,000] located in a county that:
31213121 (1) is adjacent to the county in which the State
31223122 Capitol is located; and
31233123 (2) has a population of:
31243124 (A) not more than 25,000; or
31253125 (B) at least 200,000 [100,000] but not more than
31263126 300,000 [200,000].
31273127 SECTION 234. Section 351.1071(a), Tax Code, is amended to
31283128 read as follows:
31293129 (a) This section applies only to a municipality:
31303130 (1) that has a population of not more than 5,500
31313131 [5,000]; and
31323132 (2) at least part of which is located less than
31333133 one-eighth of one mile from a space center operated by an agency of
31343134 the federal government.
31353135 SECTION 235. Section 351.10712(a), Tax Code, is amended to
31363136 read as follows:
31373137 (a) This section applies only to:
31383138 (1) a municipality with a population of at least
31393139 95,000 that is located in a county that is bisected by United States
31403140 Highway 385 and has a population of not more than 170,000 [140,000];
31413141 and
31423142 (2) a municipality located in a county that has a
31433143 population of not more than 300,000 and in which a component
31443144 university of the University of Houston System is located.
31453145 SECTION 236. Section 351.152, Tax Code, is amended to read
31463146 as follows:
31473147 Sec. 351.152. APPLICABILITY. This subchapter applies only
31483148 to:
31493149 (1) a municipality described by Section
31503150 351.001(7)(B);
31513151 (2) a municipality described by Section
31523152 351.001(7)(D);
31533153 (3) a municipality described by Section
31543154 351.001(7)(E);
31553155 (4) a municipality described by Section
31563156 351.102(e)(3);
31573157 (5) a municipality that contains more than 70 [75]
31583158 percent of the population of a county with a population of 1.5
31593159 million or more;
31603160 (6) a municipality with a population of 175,000
31613161 [150,000] or more but less than 200,000 that is partially located in
31623162 at least one county with a population of 125,000 or more;
31633163 (7) a municipality with a population of 250,000
31643164 [150,000] or more but less than one million that is located in one
31653165 county with a population of 2.5 [2.3] million or more;
31663166 (8) a municipality with a population of 180,000 or
31673167 more that:
31683168 (A) is located in two counties, each with a
31693169 population of 100,000 or more; and
31703170 (B) contains an American Quarter Horse Hall of
31713171 Fame and Museum;
31723172 (9) a municipality with a population of 96,000 or more
31733173 that is located in a county that borders Lake Palestine;
31743174 (10) a municipality with a population of 96,000 or
31753175 more that is located in a county that contains the headwaters of the
31763176 San Gabriel River;
31773177 (11) a municipality with a population of at least
31783178 95,000 [99,900 or more but less than 111,000] that is located in a
31793179 county that is bisected by United States Highway 385 and has [with]
31803180 a population of not more than 170,000 [135,000 or more];
31813181 (12) a municipality with a population of 110,000 or
31823182 more but less than 135,000 at least part of which is located in a
31833183 county with a population of less than 135,000;
31843184 (13) a municipality with a population of 28,000
31853185 [9,000] or more but less than 31,000 [10,000] that is located in two
31863186 counties, each of which has a population of 900,000 [662,000] or
31873187 more and a southern border with a county with a population of 2.5
31883188 [2.3] million or more;
31893189 (14) a municipality with a population of 200,000 or
31903190 more but less than 300,000 that contains a component institution of
31913191 the Texas Tech University System;
31923192 (15) a municipality with a population of 95,000 or
31933193 more that:
31943194 (A) is located in more than one county; and
31953195 (B) borders Lake Lewisville;
31963196 (16) a municipality with a population of 45,000 or
31973197 more that:
31983198 (A) contains a portion of Cedar Hill State Park;
31993199 (B) is located in two counties, one of which has a
32003200 population of 2.5 [two] million or more and one of which has a
32013201 population of 190,000 [149,000] or more; and
32023202 (C) has adopted a capital improvement plan for
32033203 the construction or expansion of a convention center facility;
32043204 (17) a municipality with a population of less than
32053205 10,000 [6,000] that:
32063206 (A) is almost wholly located in a county with a
32073207 population of 900,000 [600,000] or more that is adjacent to a county
32083208 with a population of 2.5 [two] million or more;
32093209 (B) is partially located in a county with a
32103210 population of 2.1 [1.8] million or more that is adjacent to a county
32113211 with a population of 2.5 [two] million or more;
32123212 (C) has a visitor center and museum located in a
32133213 19th-century rock building in the municipality's downtown; and
32143214 (D) has a waterpark open to the public;
32153215 (18) a municipality with a population of 60,000
32163216 [56,000] or more that:
32173217 (A) borders Lake Ray Hubbard; and
32183218 (B) is located in two counties, one of which has a
32193219 population of less than 110,000 [80,000];
32203220 (19) a municipality with a population of 110,000
32213221 [83,000] or more that:
32223222 (A) borders Clear Lake; and
32233223 (B) is primarily located in a county with a
32243224 population of less than 355,000 [300,000];
32253225 (20) a municipality with a population of less than
32263226 2,000 that:
32273227 (A) is located adjacent to a bay connected to the
32283228 Gulf of Mexico;
32293229 (B) is located in a county with a population of
32303230 290,000 or more that is adjacent to a county with a population of
32313231 four million or more; and
32323232 (C) has a boardwalk on the bay;
32333233 (21) a municipality with a population of 75,000 or
32343234 more that:
32353235 (A) is located wholly in one county with a
32363236 population of 800,000 [575,000] or more that is adjacent to a county
32373237 with a population of four million or more; and
32383238 (B) has adopted a capital improvement plan for
32393239 the construction or expansion of a convention center facility;
32403240 (22) a municipality with a population of less than
32413241 70,000 [75,000] that is located in three counties, at least one of
32423242 which has a population of four million or more;
32433243 (23) an eligible coastal municipality with a
32443244 population of 2,900 [3,000] or more but less than 5,000;
32453245 (24) a municipality with a population of 90,000 or
32463246 more but less than 150,000 that:
32473247 (A) is located in three counties; and
32483248 (B) contains a branch campus of a component
32493249 institution of the University of Houston System;
32503250 (25) a municipality that is:
32513251 (A) primarily located in a county with a
32523252 population of four million or more; and
32533253 (B) connected by a bridge to a municipality
32543254 described by Subdivision (20);
32553255 (26) a municipality with a population of 25,000
32563256 [20,000] or more but less than 30,000 [25,000] that:
32573257 (A) contains a portion of Mustang Bayou; and
32583258 (B) is wholly located in a county with a
32593259 population of less than 500,000;
32603260 (27) a municipality with a population of 70,000 or
32613261 more but less than 90,000 that is located in two counties, one of
32623262 which has a population of four million or more and the other of
32633263 which has a population of less than 50,000;
32643264 (28) a municipality with a population of 10,000 or
32653265 more that:
32663266 (A) is wholly located in a county with a
32673267 population of four million or more; and
32683268 (B) has a city hall located less than three miles
32693269 from a space center operated by an agency of the federal government;
32703270 (29) a municipality that is the county seat of a
32713271 county:
32723272 (A) through which the Pedernales River flows; and
32733273 (B) in which the birthplace of a president of the
32743274 United States is located;
32753275 (30) a municipality that contains a portion of U.S.
32763276 Highway 79 and State Highway 130;
32773277 (31) a municipality with a population of 70,000
32783278 [48,000] or more but less than 115,000 [95,000] that is located in
32793279 two counties, one of which has a population of 1.1 million [900,000]
32803280 or more but less than 1.9 [1.7] million;
32813281 (32) a municipality with a population of less than
32823282 25,000 that contains a museum of Western American art;
32833283 (33) a municipality with a population of 50,000 or
32843284 more that is the county seat of a county that contains a portion of
32853285 the Sam Houston National Forest;
32863286 (34) a municipality with a population of less than
32873287 25,000 that:
32883288 (A) contains a cultural heritage museum; and
32893289 (B) is located in a county that borders the
32903290 United Mexican States and the Gulf of Mexico;
32913291 (35) a municipality that is the county seat of a county
32923292 that:
32933293 (A) has a population of 115,000 or more;
32943294 (B) is adjacent to a county with a population of
32953295 2.1 [1.8] million or more; and
32963296 (C) hosts an annual peach festival;
32973297 (36) a municipality that is the county seat of a county
32983298 that:
32993299 (A) has a population of 800,000 [585,000] or
33003300 more; and
33013301 (B) is adjacent to a county with a population of
33023302 four million or more;
33033303 (37) a municipality with a population of less than
33043304 10,000 that:
33053305 (A) contains a component university of The Texas
33063306 A&M University System; and
33073307 (B) is located in a county adjacent to a county
33083308 that borders Oklahoma;
33093309 (38) a municipality with a population of less than
33103310 17,000 [6,100] that:
33113311 (A) is located in two counties, each of which has
33123312 a population of 900,000 [600,000] or more but less than two million;
33133313 and
33143314 (B) hosts an annual Cajun Festival;
33153315 (39) a municipality with a population of 13,000 or
33163316 more that:
33173317 (A) is located on an international border; and
33183318 (B) is located in a county:
33193319 (i) with a population of less than 400,000;
33203320 and
33213321 (ii) in which at least one World Birding
33223322 Center site is located;
33233323 (40) a municipality with a population of 3,200 [4,000]
33243324 or more that:
33253325 (A) is located on an international border; and
33263326 (B) is located not more than five miles from a
33273327 state historic site that serves as a visitor center for a state park
33283328 that contains 300,000 or more acres of land;
33293329 (41) a municipality with a population of 36,000 or
33303330 more that is adjacent to at least two municipalities described by
33313331 Subdivision (15);
33323332 (42) a municipality with a population of 28,000 or
33333333 more in which is located a historic railroad depot and heritage
33343334 center;
33353335 (43) a municipality located in a county that has a
33363336 population of not more than 300,000 and in which a component
33373337 university of the University of Houston System is located;
33383338 (44) a municipality with a population of less than
33393339 500,000 that is:
33403340 (A) located in two counties; and
33413341 (B) adjacent to a municipality described by
33423342 Subdivision (31); and
33433343 (45) a municipality that:
33443344 (A) has a population of more than 67,000; and
33453345 (B) is located in two counties with 90 percent of
33463346 the municipality's territory located in a county with a population
33473347 of at least 800,000 [580,000], and the remaining territory located
33483348 in a county with a population of at least four million.
33493349 SECTION 237. Sections 352.002(a), (a-1), (d), (p), and (y),
33503350 Tax Code, are amended to read as follows:
33513351 (a) The commissioners courts of the following counties by
33523352 the adoption of an order or resolution may impose a tax on a person
33533353 who, under a lease, concession, permit, right of access, license,
33543354 contract, or agreement, pays for the use or possession or for the
33553355 right to the use or possession of a room that is in a hotel, costs $2
33563356 or more each day, and is ordinarily used for sleeping:
33573357 (1) a county that has a population of more than 3.3
33583358 million;
33593359 (2) a county that has a population of 90,000 or more,
33603360 borders the United Mexican States, does not border the Gulf of
33613361 Mexico, and does not have four or more cities that each have a
33623362 population of more than 25,000;
33633363 (3) a county in which there is no municipality;
33643364 (4) a county in which there is located an Indian
33653365 reservation under the jurisdiction of the United States government;
33663366 (5) a county that has a population of 30,000 or less,
33673367 that has no more than one municipality with a population of less
33683368 than 2,500, and that borders two counties located wholly in the
33693369 Edwards Aquifer Authority established by Chapter 626, Acts of the
33703370 73rd Legislature, Regular Session, 1993;
33713371 (6) a county that borders the Gulf of Mexico;
33723372 (7) a county that has a population of less than 5,000,
33733373 that borders the United Mexican States, and in which there is
33743374 located a major observatory;
33753375 (8) a county that has a population of 12,000 or less
33763376 and borders the Toledo Bend Reservoir;
33773377 (9) a county that has a population of less than 12,500
33783378 and an area of less than 275 square miles and does not border a
33793379 county that borders Arkansas and Louisiana;
33803380 (10) a county that has a population of 30,000 or less
33813381 and borders Possum Kingdom Lake;
33823382 (11) a county that borders a county with a population
33833383 of more than 300,000 and the United Mexican States and has a
33843384 population of more than 300,000 and less than 900,000 [800,000];
33853385 (12) a county that has a population of 35,000 or more
33863386 and borders or contains a portion of Lake Fork Reservoir;
33873387 (13) a county that borders the United Mexican States
33883388 and in which there is located a national recreation area;
33893389 (14) a county that borders the United Mexican States
33903390 and in which there is located a national park of more than 400,000
33913391 acres;
33923392 (15) a county that has a population of 28,000 or less,
33933393 that has no more than four municipalities, and that is located
33943394 wholly in the Edwards Aquifer Authority established by Chapter 626,
33953395 Acts of the 73rd Legislature, Regular Session, 1993;
33963396 (16) a county that has a population of 25,000 or less,
33973397 whose territory is less than 750 square miles, and that has two
33983398 incorporated municipalities, each with a population of 800 or less,
33993399 at least one of which is located on the Frio River;
34003400 (17) a county that has a population of 34,000 or more
34013401 and borders Lake Buchanan;
34023402 (18) a county that has a population of more than 45,000
34033403 and less than 75,000, that borders the United Mexican States, and
34043404 that borders or contains a portion of Falcon Lake;
34053405 (19) a county with a population of 22,000 or less that
34063406 borders the Neches River and in which there is located a national
34073407 preserve;
34083408 (20) a county that has a population of 28,000 or less
34093409 and that borders or contains a portion of Lake Livingston;
34103410 (21) a county through which the Pedernales River flows
34113411 and in which the birthplace of a president of the United States is
34123412 located;
34133413 (22) a county that has a population of 35,000 or less
34143414 [more than 15,000 but less than 20,000] and borders Lake Buchanan;
34153415 (23) a county with a population of less than 11,000
34163416 that is bordered by the Sulphur River;
34173417 (24) a county that has a population of 16,000 or more
34183418 and borders the entire north shore of Lake Somerville;
34193419 (25) a county that has a population of 20,000 or less
34203420 and that is bordered by the Brazos and Navasota Rivers;
34213421 (26) a county that has a population of more than 15,000
34223422 and less than 25,000 and is located on the Trinity and Navasota
34233423 Rivers;
34243424 (27) a county that has a population of less than 15,000
34253425 and that is bordered by the Trinity and Navasota Rivers;
34263426 (28) a county that borders or contains a portion of the
34273427 Neches River, the Sabine River, and Sabine Lake; and
34283428 (29) a county that borders Whitney Lake.
34293429 (a-1) In addition to the counties described by Subsection
34303430 (a), the commissioners court of a county in which an airport
34313431 essential to the economy of the county is located may by the
34323432 adoption of an order or resolution impose a tax on a person who,
34333433 under a lease, concession, permit, right of access, license,
34343434 contract, or agreement, pays for the use or possession or for the
34353435 right to the use or possession of a room that is in a hotel, costs $2
34363436 or more each day, and is ordinarily used for sleeping. For the
34373437 purposes of this subsection, an airport is considered to be
34383438 essential to the economy of a county only if the airport is a
34393439 commercial-service international airport within Class C airspace
34403440 and is located in a county and owned by a municipality each having a
34413441 population of less than 170,000 [150,000]. This subsection does
34423442 not apply to a county described by Subsection (a)(13).
34433443 (d) The tax imposed by a county authorized by Subsection
34443444 (a)(6), (8), (9), (10), (11), (14), (15), (17), (19), (20), (21),
34453445 (23), or (29) to impose the tax does not apply to a hotel located in
34463446 a municipality that imposes a tax under Chapter 351 applicable to
34473447 the hotel. This subsection does not apply to:
34483448 (1) a county authorized by Subsection (a)(6) to impose
34493449 the tax that:
34503450 (A) has a population of less than 50,000 [40,000]
34513451 and adjoins the most populous county in this state; or
34523452 (B) has a population of more than 200,000 and
34533453 borders the Neches River; or
34543454 (2) a county authorized by Subsection (a)(9) to impose
34553455 the tax that has a population of more than 11,000 [9,000].
34563456 (p) The commissioners court of a county that has a
34573457 population of 100,000 [80,000] or less, in which two state parks are
34583458 located, and through which the Colorado River flows but that is not
34593459 bordered by that river may impose a tax as authorized by Subsection
34603460 (a).
34613461 (y) The commissioners court of a county with a population of
34623462 170,000 [110,000] or more through which the Guadalupe River flows
34633463 may impose a tax as provided by Subsection (a). The tax imposed
34643464 under this subsection does not apply to a hotel located in a
34653465 municipality that:
34663466 (1) has a population of 80,000 [50,000] or more;
34673467 (2) is the county seat of a county adjacent to the
34683468 county to which this subsection applies; and
34693469 (3) imposes a tax under Chapter 351 applicable to the
34703470 hotel.
34713471 SECTION 238. Section 352.003(e), Tax Code, is amended to
34723472 read as follows:
34733473 (e) The tax rate in a county authorized to impose the tax
34743474 under Section 352.002(a)(6) and that has a population of less than
34753475 50,000 [40,000] and adjoins the most populous county in this state
34763476 may not exceed three percent of the price paid for a room in a hotel.
34773477 SECTION 239. Section 22.053(a), Transportation Code, is
34783478 amended to read as follows:
34793479 (a) The commissioners court of a county with a population of
34803480 12,200 [14,300] to 12,400 [14,500] may issue time warrants to:
34813481 (1) condemn or purchase land to be used and maintained
34823482 as provided by Sections 22.011, 22.020, and 22.024; and
34833483 (2) improve and equip the land for the use provided by
34843484 Sections 22.011, 22.020, and 22.024.
34853485 SECTION 240. Section 172.211(a), Transportation Code, is
34863486 amended to read as follows:
34873487 (a) This section applies only to a county that:
34883488 (1) is adjacent to a county with a population of four
34893489 million or more;
34903490 (2) has a population of 370,000 [300,000] or more; and
34913491 (3) has created a district by concurrent order with an
34923492 adjacent county pursuant to Section 172.052.
34933493 SECTION 241. Section 223.052(a), Transportation Code, is
34943494 amended to read as follows:
34953495 (a) This section applies only to a municipality that:
34963496 (1) is partially located in three counties, two of
34973497 which have a population of 2.1 [1.8] million or more;
34983498 (2) is primarily located in a county with a population
34993499 of 2.1 [1.8] million or more; and
35003500 (3) has within its boundaries all or part of an
35013501 international airport operated jointly by two municipalities.
35023502 SECTION 242. Section 284.002(a), Transportation Code, is
35033503 amended to read as follows:
35043504 (a) Except as provided by Subsection (b), this chapter
35053505 applies only to a county that:
35063506 (1) has a population of 50,000 or more and borders the
35073507 Gulf of Mexico or a bay or inlet opening into the gulf;
35083508 (2) has a population of 2.5 [two] million or more;
35093509 (3) is adjacent to a county that has a population of
35103510 2.5 [two] million or more; or
35113511 (4) borders the United Mexican States.
35123512 SECTION 243. Section 285.001(b), Transportation Code, is
35133513 amended to read as follows:
35143514 (b) The commissioners court of a county with a population of
35153515 more than 870,000 [700,000 and less than 800,000] that borders the
35163516 United Mexican States by order may regulate the activities
35173517 described by Subsection (a) in the manner described by that
35183518 subsection, except that:
35193519 (1) the regulation of activities on or in the
35203520 right-of-way of a public highway or road is limited to public
35213521 highways and roads with a speed limit of 40 miles per hour or
35223522 faster; and
35233523 (2) the county may not prohibit the sale of livestock.
35243524 SECTION 244. Section 362.055, Transportation Code, is
35253525 amended to read as follows:
35263526 Sec. 362.055. EXCEPTION. This subchapter does not apply
35273527 to:
35283528 (1) a county that has a population of more than 2.5
35293529 [two] million;
35303530 (2) a local government corporation created under
35313531 Chapter 431 by a county that has a population of more than 2.5 [two]
35323532 million; or
35333533 (3) a regional tollway authority created under Chapter
35343534 366.
35353535 SECTION 245. Section 366.031(a), Transportation Code, is
35363536 amended to read as follows:
35373537 (a) Two or more counties, acting through their respective
35383538 commissioners courts, may by order passed by each commissioners
35393539 court create a regional tollway authority under this chapter if:
35403540 (1) one of the counties has a population of not less
35413541 than 300,000;
35423542 (2) the counties form a contiguous territory; and
35433543 (3) unless one of the counties has a population of 2.5
35443544 [two] million or more, the commission approves the creation.
35453545 SECTION 246. Section 370.192, Transportation Code, is
35463546 amended to read as follows:
35473547 Sec. 370.192. PROPERTY OF RAPID TRANSIT AUTHORITIES. An
35483548 authority may not condemn or purchase real property of a rapid
35493549 transit authority operating pursuant to Chapter 451 that was
35503550 confirmed before July 1, 1985, and in which the principal
35513551 municipality has a population of less than 1.3 million [850,000],
35523552 unless the authority has entered into a written agreement with the
35533553 rapid transit authority specifying the terms and conditions under
35543554 which the condemnation or the purchase of the real property will
35553555 take place.
35563556 SECTION 247. Section 396.041(c), Transportation Code, is
35573557 amended to read as follows:
35583558 (c) An ordinance may:
35593559 (1) impose a fee of $25 for the issuance or renewal of
35603560 a license;
35613561 (2) impose a fee of not more than:
35623562 (A) $150 for the issuance or renewal of a
35633563 license, if the ordinance is adopted by the commissioners court of a
35643564 county with a population of 2.1 [one] million or more that contains
35653565 two or more municipalities, each of which has a population of
35663566 350,000 [250,000] or more; or
35673567 (B) $500 for the issuance or renewal of a
35683568 license, if the ordinance is adopted by the commissioners court of a
35693569 county with a population of 3.3 million or more;
35703570 (3) condition the license on the operation of the
35713571 junkyard or automotive wrecking and salvage yard only at a location
35723572 approved by the commissioners court or a county employee designated
35733573 by the commissioners court; or
35743574 (4) establish grounds for suspending or revoking a
35753575 license if the junkyard or automotive wrecking and salvage yard is
35763576 not screened.
35773577 SECTION 248. Section 451.061(d-1), Transportation Code, is
35783578 amended to read as follows:
35793579 (d-1) The establishment of or a change to fares, tolls,
35803580 charges, rents, and other compensation by an authority confirmed
35813581 before July 1, 1985, in which the principal municipality has a
35823582 population of less than 1.3 million [850,000], takes effect
35833583 immediately on approval by a majority vote of the board, except that
35843584 the establishment of or a change to a single-ride base fare takes
35853585 effect on the 60th day after the date the board approves the fare or
35863586 change to the fare, unless the policy board of the metropolitan
35873587 planning organization that serves the area of the authority
35883588 disapproves the fare or change to the fare by a majority vote.
35893589 SECTION 249. Section 451.068(a), Transportation Code, is
35903590 amended to read as follows:
35913591 (a) An authority confirmed before July 1, 1985, and in which
35923592 the principal municipality has a population of less than 1.3
35933593 million [850,000] may, through the operation of a program, charge
35943594 no fares.
35953595 SECTION 250. Section 451.071(a), Transportation Code, is
35963596 amended to read as follows:
35973597 (a) This section applies only to an authority confirmed
35983598 before July 1, 1985, in which the principal municipality has a
35993599 population of less than 1.3 million [850,000].
36003600 SECTION 251. Section 451.106(a), Transportation Code, is
36013601 amended to read as follows:
36023602 (a) The board of an authority in which the principal
36033603 municipality has a population of less than 1.3 million [850,000] or
36043604 more than 1.9 million shall employ a general manager to administer
36053605 the daily operation of the authority. The general manager may,
36063606 subject to the annual operating budget and to the personnel
36073607 policies adopted by the board, employ persons to conduct the
36083608 affairs of the authority and prescribe their duties and
36093609 compensation.
36103610 SECTION 252. Section 451.108(c), Transportation Code, is
36113611 amended to read as follows:
36123612 (c) A peace officer commissioned under this section, except
36133613 as provided by Subsections (d) and (e), or a peace officer
36143614 contracted for employment by an authority confirmed before July 1,
36153615 1985, in which the principal municipality has a population of less
36163616 than 1.3 million [850,000], may:
36173617 (1) make an arrest in any county in which the transit
36183618 authority system is located as necessary to prevent or abate the
36193619 commission of an offense against the law of this state or a
36203620 political subdivision of this state if the offense or threatened
36213621 offense occurs on or involves the transit authority system;
36223622 (2) make an arrest for an offense involving injury or
36233623 detriment to the transit authority system;
36243624 (3) enforce traffic laws and investigate traffic
36253625 accidents that involve or occur in the transit authority system;
36263626 and
36273627 (4) provide emergency and public safety services to
36283628 the transit authority system or users of the transit authority
36293629 system.
36303630 SECTION 253. Section 451.109(d), Transportation Code, is
36313631 amended to read as follows:
36323632 (d) This section does not apply to an authority in which the
36333633 principal municipality has a population of 1.3 million [850,000] or
36343634 more but not more than 1.9 million.
36353635 SECTION 254. Section 451.3625(a), Transportation Code, is
36363636 amended to read as follows:
36373637 (a) This section applies only to an authority confirmed
36383638 before July 1, 1985, in which the principal municipality has a
36393639 population of less than 1.3 million [850,000].
36403640 SECTION 255. Section 451.452(d), Transportation Code, is
36413641 amended to read as follows:
36423642 (d) This section applies only to an authority in which the
36433643 principal municipality has a population of more than 1.9 million or
36443644 less than 1.3 million [850,000], except that Subsections (a)(5) and
36453645 (6) do not apply to an authority in which the principal municipality
36463646 has a population of more than 1.9 million.
36473647 SECTION 256. Section 451.454(a), Transportation Code, is
36483648 amended to read as follows:
36493649 (a) The board of an authority in which the principal
36503650 municipality has a population of more than 1.9 million or less than
36513651 1.3 million [850,000] shall contract at least once every four years
36523652 for a performance audit of the authority to be conducted by a firm
36533653 that has experience in reviewing the performance of transit
36543654 agencies.
36553655 SECTION 257. Section 451.458(a), Transportation Code, is
36563656 amended to read as follows:
36573657 (a) This section applies only to an authority confirmed
36583658 before July 1, 1985, in which the principal municipality has a
36593659 population of less than 1.3 million [850,000].
36603660 SECTION 258. Section 451.460(a), Transportation Code, is
36613661 amended to read as follows:
36623662 (a) This section applies only to an authority confirmed
36633663 before July 1, 1985, in which the principal municipality has a
36643664 population of less than 1.3 million [850,000].
36653665 SECTION 259. Section 451.5021(a), Transportation Code, is
36663666 amended to read as follows:
36673667 (a) This section applies only to the board of an authority
36683668 created before July 1, 1985, in which the principal municipality
36693669 has a population of less than 1.3 million [850,000].
36703670 SECTION 260. Section 451.506(c), Transportation Code, is
36713671 amended to read as follows:
36723672 (c) An individual may serve two terms as presiding officer
36733673 under Section 451.502(e)(3), in addition to any service on the
36743674 board before being appointed under that subsection. This
36753675 subsection does not apply to an individual serving on the board of
36763676 an authority described by Subsection (b) or an authority confirmed
36773677 before July 1, 1985, and in which the principal municipality has a
36783678 population of less than 1.3 million [850,000].
36793679 SECTION 261. Sections 451.509(a), (c), and (d),
36803680 Transportation Code, are amended to read as follows:
36813681 (a) In an authority in which the principal municipality has
36823682 a population of less than 1.3 million [850,000] and in which the
36833683 authority's sales and use tax is imposed at a rate of one percent, a
36843684 member of the board may be removed from office for any ground
36853685 described by Section 451.510 by a majority vote of the entity that
36863686 appointed the member.
36873687 (c) In an authority in which the principal municipality has
36883688 a population of more than 1.3 million [850,000], a member of the
36893689 board may be removed for any ground described by Section 451.510 by
36903690 the person or entity that appointed the member. If the person who
36913691 appointed the member is the mayor of the principal municipality,
36923692 the removal is by recommendation of the mayor and confirmation by
36933693 the municipality's governing body. If the member to be removed was
36943694 appointed by the mayor of the principal municipality, the statement
36953695 required by Section 451.511(a) shall be given by the mayor, and
36963696 confirmation of removal by the governing body of the municipality
36973697 is necessary.
36983698 (d) In an authority in which the principal municipality has
36993699 a population of less than 1.3 million [850,000] or more than 1.9
37003700 million, a general manager who has knowledge that a potential
37013701 ground for removal applicable to a member of the authority's board
37023702 exists shall notify the presiding officer of the board of the
37033703 ground, and the presiding officer shall notify the person that
37043704 appointed the member against whom the potential ground applies of
37053705 the ground.
37063706 SECTION 262. Section 451.512(a), Transportation Code, is
37073707 amended to read as follows:
37083708 (a) Except as provided by Subsection (b), in an authority in
37093709 which the principal municipality has a population of less than 1.3
37103710 million [850,000] or more than 1.9 million, an action of the board
37113711 is not invalid because a ground for removal of a board member
37123712 exists.
37133713 SECTION 263. Section 451.513(a), Transportation Code, is
37143714 amended to read as follows:
37153715 (a) A board member of an authority that has a principal
37163716 municipality with a population of more than 1.3 million [850,000]
37173717 may be removed, as provided by this section, on a petition for the
37183718 recall of the member submitted by the registered voters of the
37193719 authority. Recall of a member under this section is in addition to
37203720 any other method for removal under this subchapter.
37213721 SECTION 264. Section 451.602, Transportation Code, is
37223722 amended to read as follows:
37233723 Sec. 451.602. AUTHORITIES COVERED BY SUBCHAPTER. Except
37243724 as provided by Section 451.617, this subchapter applies only to an
37253725 authority in which the principal municipality has a population of
37263726 less than 1.3 million [850,000] and that was confirmed before July
37273727 1, 1985.
37283728 SECTION 265. Section 502.403(f), Transportation Code, is
37293729 amended to read as follows:
37303730 (f) A municipality with a population greater than 1.3
37313731 million [850,000] shall deposit revenue from a fee imposed under
37323732 this subsection to the credit of the child safety trust fund created
37333733 under Section 106.001, Local Government Code. A municipality with a
37343734 population less than 1.3 million [850,000] shall use revenue from a
37353735 fee imposed under this section in accordance with Article
37363736 102.014(g), Code of Criminal Procedure.
37373737 SECTION 266. Section 541.201(1), Transportation Code, is
37383738 amended to read as follows:
37393739 (1) "Authorized emergency vehicle" means:
37403740 (A) a fire department or police vehicle;
37413741 (B) a public or private ambulance operated by a
37423742 person who has been issued a license by the Department of State
37433743 Health Services;
37443744 (C) an emergency medical services vehicle:
37453745 (i) authorized under an emergency medical
37463746 services provider license issued by the Department of State Health
37473747 Services under Chapter 773, Health and Safety Code; and
37483748 (ii) operating under a contract with an
37493749 emergency services district that requires the emergency medical
37503750 services provider to respond to emergency calls with the vehicle;
37513751 (D) a municipal department or public service
37523752 corporation emergency vehicle that has been designated or
37533753 authorized by the governing body of a municipality;
37543754 (E) a county-owned or county-leased emergency
37553755 management vehicle that has been designated or authorized by the
37563756 commissioners court;
37573757 (F) a vehicle that has been designated by the
37583758 department under Section 546.0065;
37593759 (G) a private vehicle of a volunteer firefighter
37603760 or a certified emergency medical services employee or volunteer
37613761 when responding to a fire alarm or medical emergency;
37623762 (H) an industrial emergency response vehicle,
37633763 including an industrial ambulance, when responding to an emergency,
37643764 but only if the vehicle is operated in compliance with criteria in
37653765 effect September 1, 1989, and established by the predecessor of the
37663766 Texas Industrial Emergency Services Board of the State
37673767 Firefighters' [Firemen's] and Fire Marshals' Association of Texas;
37683768 (I) a vehicle of a blood bank or tissue bank,
37693769 accredited or approved under the laws of this state or the United
37703770 States, when making emergency deliveries of blood, drugs,
37713771 medicines, or organs;
37723772 (J) a vehicle used for law enforcement purposes
37733773 that is owned or leased by a federal governmental entity; or
37743774 (K) a private vehicle of an employee or volunteer
37753775 of a county emergency management division in a county with a
37763776 population of more than 52,600 [46,500] and less than 55,000
37773777 [48,000] that is designated as an authorized emergency vehicle by
37783778 the commissioners court of that county.
37793779 SECTION 267. Section 644.101(b), Transportation Code, is
37803780 amended to read as follows:
37813781 (b) A police officer of any of the following municipalities
37823782 is eligible to apply for certification under this section:
37833783 (1) a municipality with a population of 50,000 or
37843784 more;
37853785 (2) a municipality with a population of 25,000 or more
37863786 any part of which is located in a county with a population of
37873787 500,000 or more;
37883788 (3) a municipality with a population of less than
37893789 25,000:
37903790 (A) any part of which is located in a county with
37913791 a population of 3.3 million; and
37923792 (B) that contains or is adjacent to an
37933793 international port;
37943794 (4) a municipality with a population of at least
37953795 34,000 that is located in a county that borders two or more states;
37963796 (5) a municipality any part of which is located in a
37973797 county bordering the United Mexican States;
37983798 (6) a municipality with a population of less than
37993799 5,000 that is located:
38003800 (A) adjacent to a bay connected to the Gulf of
38013801 Mexico; and
38023802 (B) in a county adjacent to a county with a
38033803 population greater than 3.3 million;
38043804 (7) a municipality that is located:
38053805 (A) within 25 miles of an international port; and
38063806 (B) in a county that does not contain a highway
38073807 that is part of the national system of interstate and defense
38083808 highways and is adjacent to a county with a population greater than
38093809 3.3 million;
38103810 (8) a municipality with a population of less than
38113811 8,500 that:
38123812 (A) is the county seat; and
38133813 (B) contains a highway that is part of the
38143814 national system of interstate and defense highways;
38153815 (9) a municipality located in a county with a
38163816 population between 60,000 and 69,000 [66,000] adjacent to a bay
38173817 connected to the Gulf of Mexico;
38183818 (10) a municipality with a population of more than
38193819 40,000 and less than 50,000 that is located in a county with a
38203820 population of more than 285,000 and less than 300,000 that borders
38213821 the Gulf of Mexico;
38223822 (11) a municipality with a population between 32,000
38233823 and 50,000 that is located entirely in a county that:
38243824 (A) has a population of less than 250,000;
38253825 (B) is adjacent to two counties that each have a
38263826 population of more than 1.2 million; and
38273827 (C) contains two highways that are part of the
38283828 national system of interstate and defense highways;
38293829 (12) a municipality with a population of more than
38303830 4,500 [3,000] and less than 10,000 that:
38313831 (A) contains a highway that is part of the
38323832 national system of interstate and defense highways; and
38333833 (B) is located in a county with a population
38343834 between 175,000 [150,000] and 190,000 [155,000];
38353835 (13) a municipality with a population of less than
38363836 75,000 that is located in three counties, at least one of which has
38373837 a population greater than 3.3 million;
38383838 (14) a municipality with a population between 13,900
38393839 [14,000] and 17,000 that:
38403840 (A) contains three or more numbered United States
38413841 highways; and
38423842 (B) is located in a county that is adjacent to a
38433843 county with a population of more than 200,000; or
38443844 (15) a municipality with a population of less than
38453845 50,000 that is located in:
38463846 (A) a county that generated $20 million or more
38473847 in tax revenue collected under Chapters 201 and 202, Tax Code, from
38483848 oil and gas production during the preceding state fiscal year; or
38493849 (B) a county that is adjacent to two or more
38503850 counties described by Paragraph (A).
38513851 SECTION 268. Section 644.202(b), Transportation Code, is
38523852 amended to read as follows:
38533853 (b) A municipality with a population of more than 1.3
38543854 million [850,000] shall develop a route for commercial motor
38553855 vehicles carrying hazardous materials on a road or highway in the
38563856 municipality and submit the route to the Texas Department of
38573857 Transportation for approval. If the Texas Department of
38583858 Transportation determines that the route complies with all
38593859 applicable federal and state regulations regarding the
38603860 transportation of hazardous materials, the Texas Department of
38613861 Transportation shall approve the route and notify the municipality
38623862 of the approved route.
38633863 SECTION 269. Section 701.001(c), Transportation Code, is
38643864 amended to read as follows:
38653865 (c) The limitation on the number of deputies that may be
38663866 employed under Subsections (a) and (b) does not apply to a county
38673867 with a population of more than 2.5 [two] million.
38683868 SECTION 270. Section 35.037(a), Utilities Code, as added by
38693869 Chapter 426 (S.B. 3), Acts of the 87th Legislature, Regular
38703870 Session, 2021, is amended to read as follows:
38713871 (a) This section only applies in a county with a population
38723872 of more than 1.2 [one] million in which a national wildlife refuge
38733873 is wholly or partly located.
38743874 SECTION 271. Section 36.354(g), Utilities Code, is amended
38753875 to read as follows:
38763876 (g) For the purposes of this section, the term "military
38773877 base" does not include a military base:
38783878 (1) that has been closed or realigned under the
38793879 Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section
38803880 2687) and its subsequent amendments;
38813881 (2) that is administered by an authority established
38823882 by a municipality under Chapter 379B, Local Government Code;
38833883 (3) that is operated by or for the benefit of the Texas
38843884 National Guard, as defined by Section 437.001, Government Code,
38853885 unless the base is served by a municipally owned utility owned by a
38863886 city with a population of 900,000 [650,000] or more; or
38873887 (4) for which a municipally owned utility has acquired
38883888 the electric distribution system under 10 U.S.C. Section 2688.
38893889 SECTION 272. Section 37.102(a), Utilities Code, is amended
38903890 to read as follows:
38913891 (a) If a municipal corporation offers retail electric
38923892 utility service in a municipality having a population of more than
38933893 151,000 [145,000] that is located in a county having a population of
38943894 more than 2.5 [2] million, the commission shall singly certificate
38953895 areas in the municipality's boundaries in which more than one
38963896 electric utility provides electric utility service.
38973897 SECTION 273. Section 13.1395(a)(1), Water Code, is amended
38983898 to read as follows:
38993899 (1) "Affected utility" means a retail public utility,
39003900 exempt utility, or provider or conveyor of potable or raw water
39013901 service that furnishes water service to more than one customer:
39023902 (A) in a county with a population of 3.3 million
39033903 or more; or
39043904 (B) in a county with a population of 800,000
39053905 [550,000] or more adjacent to a county with a population of 3.3
39063906 million or more.
39073907 SECTION 274. Sections 13.245(c-5) and (c-6), Water Code,
39083908 are amended to read as follows:
39093909 (c-5) Subsections (c-1), (c-2), (c-3), and (c-4) do not
39103910 apply to:
39113911 (1) a county that borders the United Mexican States
39123912 and the Gulf of Mexico or a county adjacent to such a county;
39133913 (2) a county with a population of more than 30,000 and
39143914 less than 36,000 [35,000] that borders the Red River; or
39153915 (3) a county with a population of more than 100,000 and
39163916 less than 200,000 that borders a county described by Subdivision
39173917 (2).
39183918 (c-6) Subsections (c-1), (c-2), (c-3), and (c-4) do not
39193919 apply to:
39203920 (1) a county with a population of 170,000 [130,000] or
39213921 more that is adjacent to a county with a population of 1.5 million
39223922 or more that is within 200 miles of an international border; or
39233923 (2) a county with a population of more than 40,000 and
39243924 less than 50,000 that contains a portion of the San Antonio River.
39253925 SECTION 275. Sections 13.2451(b-2) and (b-3), Water Code,
39263926 are amended to read as follows:
39273927 (b-2) Subsection (b) does not apply to an extension of
39283928 extraterritorial jurisdiction in a county:
39293929 (1) with a population of more than 30,000 and less than
39303930 36,000 [35,000] that borders the Red River; or
39313931 (2) with a population of more than 100,000 and less
39323932 than 200,000 that borders a county described by Subdivision (1).
39333933 (b-3) Subsection (b) does not apply to an extension of
39343934 extraterritorial jurisdiction in a county:
39353935 (1) with a population of 170,000 [130,000] or more
39363936 that is adjacent to a county with a population of 1.5 million or
39373937 more that is within 200 miles of an international border; or
39383938 (2) with a population of more than 40,000 and less than
39393939 50,000 that contains a portion of the San Antonio River.
39403940 SECTION 276. Sections 13.254(a-10) and (a-11), Water Code,
39413941 are amended to read as follows:
39423942 (a-10) Subsection (a-8) does not apply to a county:
39433943 (1) with a population of more than 30,000 and less than
39443944 36,000 [35,000] that borders the Red River; or
39453945 (2) with a population of more than 100,000 and less
39463946 than 200,000 that borders a county described by Subdivision (1).
39473947 (a-11) Subsection (a-8) does not apply to a county:
39483948 (1) with a population of 170,000 [130,000] or more
39493949 that is adjacent to a county with a population of 1.5 million or
39503950 more that is within 200 miles of an international border; or
39513951 (2) with a population of more than 40,000 and less than
39523952 50,000 that contains a portion of the San Antonio River.
39533953 SECTION 277. Section 13.2541(b), Water Code, is amended to
39543954 read as follows:
39553955 (b) As an alternative to decertification or expedited
39563956 release under Section 13.254, the owner of a tract of land that is
39573957 at least 25 acres and that is not receiving water or sewer service
39583958 may petition for expedited release of the area from a certificate of
39593959 public convenience and necessity in the manner provided by this
39603960 section and is entitled to that release if the landowner's property
39613961 is located in a county with a population of at least 1.2 [one]
39623962 million, a county adjacent to a county with a population of at least
39633963 1.2 [one] million, or a county with a population of more than
39643964 200,000 and less than 233,500 [220,000] that does not contain a
39653965 public or private university that had a total enrollment in the most
39663966 recent fall semester of 40,000 or more, and not in a county that has
39673967 a population of more than 50,500 [45,500] and less than 52,000
39683968 [47,500].
39693969 SECTION 278. Section 26.179(o), Water Code, is amended to
39703970 read as follows:
39713971 (o) This section does not apply to an area within the
39723972 extraterritorial jurisdiction of a municipality with a population
39733973 greater than 1.3 million [900,000] that has extended to the
39743974 extraterritorial jurisdiction of the municipality an ordinance
39753975 whose purpose is to prevent the pollution of an aquifer which is the
39763976 sole or principal drinking water source for the municipality.
39773977 SECTION 279. Section 26.3476(b), Water Code, is amended to
39783978 read as follows:
39793979 (b) An underground storage tank system, at a minimum, shall
39803980 incorporate a method for secondary containment if the system is
39813981 located in:
39823982 (1) the outcrop of a major aquifer composed of
39833983 limestone and associated carbonate rocks of Cretaceous age or
39843984 older; and
39853985 (2) a county that:
39863986 (A) has a population of at least 1.2 [one]
39873987 million and relies on groundwater for at least 75 percent of the
39883988 county's water supply; or
39893989 (B) has a population of at least 75,000 and is
39903990 adjacent to a county described by Paragraph (A).
39913991 SECTION 280. Section 36.121, Water Code, is amended to read
39923992 as follows:
39933993 Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
39943994 OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
39953995 36.117, a district that is created under this chapter on or after
39963996 September 1, 1991, shall exempt from regulation under this chapter
39973997 a well and any water produced or to be produced by a well that is
39983998 located in a county that has a population of 15,500 [14,000] or less
39993999 if the water is to be used solely to supply a municipality that has a
40004000 population of 125,500 [121,000] or less and the rights to the water
40014001 produced from the well are owned by a political subdivision that is
40024002 not a municipality, or by a municipality that has a population of
40034003 133,000 [115,000] or less, and that purchased, owned, or held
40044004 rights to the water before the date on which the district was
40054005 created, regardless of the date the well is drilled or the water is
40064006 produced. The district may not prohibit the political subdivision
40074007 or municipality from transporting produced water inside or outside
40084008 the district's boundaries.
40094009 SECTION 281. Section 51.537(a), Water Code, is amended to
40104010 read as follows:
40114011 (a) This section applies only to a municipality any portion
40124012 of which is located in a county with a population of more than 1.2
40134013 [1] million and less than 1.5 million.
40144014 SECTION 282. Section 54.016(h), Water Code, is amended to
40154015 read as follows:
40164016 (h) A city, other than a city with a population of more than
40174017 one million that is located primarily in a county with a population
40184018 of 2.5 [two] million or more, may provide in its written consent for
40194019 the inclusion of land in a district that after annexation the city
40204020 may set rates for water and/or sewer services for property that was
40214021 within the territorial boundary of such district at the time of
40224022 annexation, which rates may vary from those for other properties
40234023 within the city for the purpose of wholly or partially compensating
40244024 the city for the assumption of obligation under this code providing
40254025 that:
40264026 (1) such written consent contains a contract entered
40274027 into by the city and the persons petitioning for creation of the
40284028 district setting forth the time and/or the conditions of annexation
40294029 by the city which annexation shall not occur prior to the
40304030 installation of 90 percent of the facilities for which district
40314031 bonds were authorized in the written consent; and that
40324032 (2) the contract sets forth the basis on which rates
40334033 are to be charged for water and/or sewer services following
40344034 annexation and the length of time they may vary from those rates
40354035 charged elsewhere in the city; and that
40364036 (3) the contract may set forth the time, conditions,
40374037 or lands to be annexed by the district; and that
40384038 (4)(A) Each purchaser of land within a district which
40394039 has entered into a contract with a city concerning water and/or
40404040 sewer rates as set forth herein shall be furnished by the seller at
40414041 or prior to the final closing of the sale and purchase with a
40424042 separate written notice, executed and acknowledged by the seller,
40434043 which shall contain the following information:
40444044 (i) the basis on which the monthly water
40454045 and/or sewer rate is to be charged under the contract stated as a
40464046 percentage of the water and/or sewer rates of the city;
40474047 (ii) the length of time such rates will be
40484048 in effect;
40494049 (iii) the time and/or conditions of
40504050 annexation by the city implementing such rates.
40514051 The provisions of Sections 49.452(g)-(p) and (s), Water Code,
40524052 are herein incorporated by reference thereto, and are applicable to
40534053 the separate written notice required by Section 54.016(h)(4).
40544054 A suit for damages under the provisions of these referenced
40554055 sections must be brought within 90 days after the purchaser
40564056 receives his or her first water and/or sewer service charge
40574057 following annexation, or the purchaser loses his or her right to
40584058 seek damages under this referenced section.
40594059 (B) The governing board of any district covered
40604060 by the provisions of this subsection shall file with the county
40614061 clerk in each of the counties in which all or part of the district is
40624062 located a duly affirmed and acknowledged statement which includes
40634063 the information required in Section 54.016(h)(4)(A) and a complete
40644064 and accurate map or plat showing the boundaries of the district.
40654065 The provisions of Sections 49.455(c)-(j), Water Code, are
40664066 herein incorporated by reference thereto.
40674067 SECTION 283. Section 54.813(a), Water Code, is amended to
40684068 read as follows:
40694069 (a) This section applies only to a municipality any portion
40704070 of which is located in a county with a population of more than 1.2
40714071 [1] million and less than 1.5 million.
40724072 SECTION 284. Section 1, Chapter 511 (H.B. 589), Acts of the
40734073 58th Legislature, Regular Session, 1963 (Article 2676a, Vernon's
40744074 Texas Civil Statutes), is amended to read as follows:
40754075 Sec. 1. From and after the effective date of this act in any
40764076 county in this state having a population of not less than 372,000
40774077 [312,000] and not more than 400,000 [330,000], the general
40784078 management and control of the public free schools and high schools
40794079 in each county unless otherwise provided by law shall be vested in
40804080 five (5) county school trustees elected from the county, one of whom
40814081 shall be elected from the county at large by the qualified voters of
40824082 the county and one from each commissioners precinct by the
40834083 qualified voters of each commissioners precinct, who shall hold
40844084 office for a term of two (2) years. The time for such election shall
40854085 be the first Saturday in April of each year; the order for the
40864086 election of county school trustees to be made by the County Judge at
40874087 least thirty (30) days prior to the date of said election, and which
40884088 order shall designate as voting places or places at which votes are
40894089 cast for the district trustees of said common and independent
40904090 school districts, respectively. The election officers appointed to
40914091 hold the election for district trustees in each of said school
40924092 districts, respectively, shall hold this election for county school
40934093 trustees.
40944094 SECTION 285. Section 1, Chapter 233 (H.B. 459), Acts of the
40954095 59th Legislature, Regular Session, 1965 (Article 2676b, Vernon's
40964096 Texas Civil Statutes), is amended to read as follows:
40974097 Sec. 1. This Act applies to a county-wide school district in
40984098 a county having a population of more than 4,700 [5,250] and less
40994099 than 4,900 [5,350]. The Board of Trustees may order that the
41004100 trustees of the district shall run at large in the county. If the
41014101 Board orders that its members shall run at large, each position
41024102 shall be filled by election from the county at large upon expiration
41034103 of the current term of office.
41044104 SECTION 286. Section 1(b), Chapter 63 (S.B. 100), Acts of
41054105 the 57th Legislature, 3rd Called Session, 1962 (Article 2688h,
41064106 Vernon's Texas Civil Statutes), is amended to read as follows:
41074107 (b) From and after May 1, 1962, the office of the county
41084108 board of school trustees and the office of county superintendent
41094109 shall cease to exist in any county in this State having a population
41104110 of not less than 315,000 [285,000] and not more than 351,000
41114111 [300,000] which has no common school district and whose county ad
41124112 valorem evaluation is in excess of Two Hundred Fifty Million
41134113 Dollars ($250,000,000); provided, however, that the county
41144114 superintendents in such counties who have been heretofore elected
41154115 or appointed to the office of county superintendent shall serve
41164116 until the expiration of the term for which they were elected or
41174117 appointed. The duties now performed by the board of school trustees
41184118 and county superintendents in such counties shall be performed by
41194119 the County Judges of such counties.
41204120 SECTION 287. Sections 5 and 6, Chapter 706 (H.B. 1015), Acts
41214121 of the 59th Legislature, Regular Session, 1965 (Article 2688i-1,
41224122 Vernon's Texas Civil Statutes), are amended to read as follows:
41234123 Sec. 5. The provisions of this Act shall not apply to
41244124 counties having a population of not less than 4,700 [5,250] and not
41254125 more than 4,900 [5,350] and to counties having a population of not
41264126 less than 57,000 [54,000] and not more than 57,900 [54,500].
41274127 Sec. 6. No county having a population of more than 28,450
41284128 [30,000] and less than 29,000 or a population of more than 31,045
41294129 and less than 31,247 [32,000] shall have the offices of county
41304130 school superintendent, ex officio county school superintendent,
41314131 and county board of education.
41324132 All duties and functions, except as hereafter provided, that
41334133 are otherwise required by law of the office of county school
41344134 superintendent or ex officio county school superintendent governed
41354135 by this section shall be performed by the superintendents of the
41364136 independent and rural high school districts, and all duties that
41374137 may otherwise be required by law of the county board of education
41384138 governed by this section shall be performed by the elected Board of
41394139 Trustees of such independent and rural high school districts,
41404140 except that the County Judge shall, without pay from the State of
41414141 Texas, continue to approve or disapprove application for school
41424142 transfers. The Commissioners Court of such county shall hereafter
41434143 receive, hear and pass upon all petitions for the calling of
41444144 elections for the creation, change or abolishment of county school
41454145 districts and all authorized appeals from the independent school
41464146 Board of Trustees shall be made directly to the State Board of
41474147 Education or to the courts as provided by law.
41484148 All school records of the original independent and/or common
41494149 school district governed by this section, shall be transferred to
41504150 the control and custody of the independent school district office,
41514151 located at the county seat, save and except the original financial
41524152 records which shall be retained by the county treasurer, and
41534153 thereafter the County Judge shall be required to make no records or
41544154 reports but said reports shall be made by the superintendent of such
41554155 independent or rural school district; that as soon as practicable
41564156 after the effective date of this Act, all remaining State funds in
41574157 the hands of the county board of education shall be transferred by
41584158 the county treasurer and the County Judge to the independent and
41594159 rural high school districts in proportion to the number of
41604160 scholastics enrolled in such districts.
41614161 SECTION 288. Section 31A(b), Texas Local Fire Fighters
41624162 Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
41634163 amended to read as follows:
41644164 (b) This section applies only to a municipality:
41654165 (1) with a population of less than 200,000;
41664166 (2) that is located in a county with a population of
41674167 not less than 2.5 [2] million and not more than 4 million;
41684168 (3) that has a regularly organized fire department for
41694169 which a retirement system and fund have been established under
41704170 Section 4 of this Act; and
41714171 (4) that before January 1, 2017, has one or more
41724172 departments participating in the Texas Municipal Retirement
41734173 System.
41744174 SECTION 289. Section 1.01, Chapter 183 (S.B. 598), Acts of
41754175 the 64th Legislature, Regular Session, 1975 (Article 6243e.1,
41764176 Vernon's Texas Civil Statutes), is amended to read as follows:
41774177 Sec. 1.01. APPLICABILITY. This Act applies only to a
41784178 municipality having a population of more than 950,000 [750,000] and
41794179 less than 1,050,000 [850,000].
41804180 SECTION 290. Section 1, Chapter 103 (S.B. 622), Acts of the
41814181 62nd Legislature, Regular Session, 1971 (Article 6243f-1, Vernon's
41824182 Texas Civil Statutes), is amended to read as follows:
41834183 Sec. 1. No member of a fire department in any city or town in
41844184 this state having a population of not less than 900,000 [700,000]
41854185 nor more than 950,000 [750,000] shall be involuntarily retired
41864186 prior to reaching the mandatory retirement age set for such cities'
41874187 employees unless he is physically unable to perform his duties. In
41884188 the event he is physically unable to perform his duties, he shall be
41894189 allowed to use all of his accumulated sick leave, before
41904190 retirement.
41914191 SECTION 291. Section 1(a), Chapter 451 (S.B. 737), Acts of
41924192 the 72nd Legislature, Regular Session, 1991 (Article 6243n,
41934193 Vernon's Texas Civil Statutes), is amended to read as follows:
41944194 (a) A retirement system is established by this Act for
41954195 employees of each municipality having a population of more than
41964196 950,000 [760,000] and less than 1,050,000 [860,000].
41974197 SECTION 292. Section 1.01, Chapter 452 (S.B. 738), Acts of
41984198 the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
41994199 Vernon's Texas Civil Statutes), is amended to read as follows:
42004200 Sec. 1.01. APPLICABILITY AND DEFINITIONS. This Act applies
42014201 only to a municipality having a population of more than 950,000
42024202 [750,000] and less than 1,050,000 [850,000].
42034203 SECTION 293. Section 1.03, Chapter 824 (S.B. 817), Acts of
42044204 the 73rd Legislature, Regular Session, 1993 (Article 6243o,
42054205 Vernon's Texas Civil Statutes), is amended to read as follows:
42064206 Sec. 1.03. APPLICABILITY. This Act applies to paid fire and
42074207 police departments of a municipality with a population between 1.4
42084208 [1.3] million and 1.7 [1.5] million.
42094209 SECTION 294. Section 1.03, Chapter 1332 (S.B. 1568), Acts
42104210 of the 75th Legislature, Regular Session, 1997 (Article 6243q,
42114211 Vernon's Texas Civil Statutes), is amended to read as follows:
42124212 Sec. 1.03. APPLICABILITY. This Act applies to a paid fire
42134213 and police department of a municipality with a population of 1.4
42144214 [1.3] million or more but less than 1.7 [1.5] million.
42154215 SECTION 295. Section 1, Chapter 809 (H.B. 1687), Acts of the
42164216 62nd Legislature, Regular Session, 1971 (Article 6812b-1, Vernon's
42174217 Texas Civil Statutes), is amended to read as follows:
42184218 Sec. 1. The Commissioners Court of any county having a
42194219 population of not less than 620,000 [425,000] nor more than 700,000
42204220 [500,000] may appoint a County Engineer, but the selection shall be
42214221 controlled by considerations of skill and ability for the task. The
42224222 engineer may be selected at any regular meeting of the
42234223 commissioners court, or at any special meeting called for that
42244224 purpose. The engineer selected shall be a Registered Professional
42254225 Engineer in the State of Texas. The engineer shall hold his office
42264226 for a period of two years, his term of office expiring concurrently
42274227 with the terms of other county officers, and he may be removed at
42284228 the pleasure of the commissioners court. The engineer shall
42294229 receive a salary to be fixed by the commissioners court not to
42304230 exceed the amount of the salary paid to the highest county official,
42314231 to be paid out of the Road and Bridge Fund. The engineer, before
42324232 entering upon the discharge of his duties, shall take the oath of
42334233 office prescribed by law, and shall execute a bond in the sum of
42344234 $15,000 with a good and sufficient surety or sureties thereon,
42354235 payable to the county judge of the county and successors in office
42364236 in trust, for the use and the benefit of the Road and Bridge Fund, of
42374237 the county to be approved by the court, conditioned that such
42384238 engineer will faithfully and efficiently discharge and perform all
42394239 of the duties required of him by law and by the orders of said
42404240 commissioners court and shall faithfully and honestly and in due
42414241 time account for all of the money, property and materials placed in
42424242 his custody.
42434243 SECTION 296. (a) This Act is not intended to revive a law
42444244 that was impliedly repealed by a law enacted by the 87th Legislature
42454245 or a previous legislature.
42464246 (b) To the extent that a law enacted by the 88th
42474247 Legislature, Regular Session, 2023, conflicts with this Act, the
42484248 other law prevails, regardless of the relative dates of enactment
42494249 or the relative effective dates.
42504250 SECTION 297. This Act takes effect September 1, 2023.
42514251 ______________________________ ______________________________
42524252 President of the Senate Speaker of the House
42534253 I certify that H.B. No. 4559 was passed by the House on April
42544254 27, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
42554255 voting.
42564256 ______________________________
42574257 Chief Clerk of the House
42584258 I certify that H.B. No. 4559 was passed by the Senate on May
42594259 17, 2023, by the following vote: Yeas 31, Nays 0.
42604260 ______________________________
42614261 Secretary of the Senate
42624262 APPROVED: _____________________
42634263 Date
42644264 _____________________
42654265 Governor