Bill Text: TX HB2702 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the application of statutes that classify political subdivisions according to population.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2702 Detail]

Download: Texas-2011-HB2702-Enrolled.html

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H.B. No. 2702

AN ACT
relating to the application of statutes that classify political
subdivisions according to population.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 147.003(a), Agriculture Code, is amended
to read as follows:
(a) A person pursuing the business of selling mules, horses,
jacks, or jennets in a county with a population of not less than 1.8
[1.4] million nor more than 1.9 [1.5] million is not subject to this
chapter as a livestock auction commission merchant.
SECTION 2. Section 109.57(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A municipality located in a county that has a population
of 2.2 million or more and that is adjacent to a county with a
population of more than 600,000 [400,000] or a municipality located
in a county with a population of 600,000 [400,000] or more and that
is adjacent to a county with a population of 2.2 million or more may
regulate, in a manner not otherwise prohibited by law, the location
of an establishment issued a permit under Chapter 32 or 33 if:
(1) the establishment derives 35 percent or more of
the establishment's gross revenue from the on-premises sale or
service of alcoholic beverages and the premises of the
establishment are located in a dry area; and
(2) the permit is not issued to a fraternal or veterans
organization or the holder of a food and beverage certificate.
SECTION 3. Section 75.0021(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) This section applies only to a public utility located
in:
(1) a county with a population of 800,000 [600,000] or
more and located on the international border; or
(2) a municipal management district located in a
municipality with a population of more than 1.9 million.
SECTION 4. Section 152.006, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 152.006. FEE FOR ALTERNATIVE DISPUTE RESOLUTION
CENTERS. An entity described by Section 152.002(b)(1) that
provides services for the resolution of disputes in a county that
borders the Gulf of Mexico with a population of 250,000 or more but
less than 300,000 [290,000] may collect a reasonable fee in any
amount set by the commissioners court from a person who receives the
services. This section may not be construed to affect the
collection of a fee by any other entity described by Section
152.002(b)(1).
SECTION 5. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million located primarily in a
county with a population of 2 million or more that operates an
airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Youth Commission as officers under
Sections 61.0451 and 61.0931, Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(35) investigators commissioned by the Texas Juvenile
Probation Commission as officers under Section 141.055, Human
Resources Code; and
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 6. Article 2.21(g), Code of Criminal Procedure, is
amended to read as follows:
(g) A clerk in a county with a population of less than two
[1.7] million must provide written notice by mail to the attorney
representing the state in the case and the attorney representing
the defendant before disposing of an eligible exhibit.
SECTION 7. Article 18.05(e), Code of Criminal Procedure, is
amended to read as follows:
(e) A search warrant may not be issued under this article to
a code enforcement official of a county with a population of 3.3
[2.4] million or more for the purpose of allowing the inspection of
specified premises to determine the presence of an unsafe building
condition or a violation of a building regulation, statute, or
ordinance.
SECTION 8. Section 11.0581(a), Education Code, is amended
to read as follows:
(a) An election for trustees of an independent school
district shall be held on the same date as:
(1) the election for the members of the governing body
of a municipality located in the school district;
(2) the general election for state and county
officers; or
(3) the election for the members of the governing body
of a hospital district, if the school district:
(A) is wholly or partly located in a county with a
population of less than 40,000 [30,000] that is adjacent to a county
with a population of more than three million; and
(B) held its election for trustees jointly with
the election for the members of the governing body of the hospital
district before May 2007.
SECTION 9. Section 28.025(b-9), Education Code, is amended
to read as follows:
(b-9) The agency shall establish a pilot program allowing a
student attending school in a county with a population of more than
one million and in which more than 75 [80] percent of the population
resides in a single municipality to satisfy the fine arts credit
required under Subsection (b-1)(3)(A) by participating in a fine
arts program not provided by the school district in which the
student is enrolled. The fine arts program may be provided on or
off a school campus and outside the regular school day. Not later
than December 1, 2010, the agency shall provide to the legislature a
report regarding the pilot program, including the feasibility of
expanding the pilot program statewide.
SECTION 10. Section 45.105(e), Education Code, is amended
to read as follows:
(e) The governing body of an independent school district
that governs a junior college district under Subchapter B, Chapter
130, in a county with a population of more than two [1.5] million
may dedicate a specific percentage of the local tax levy to the use
of the junior college district for facilities and equipment or for
the maintenance and operating expenses of the junior college
district. To be effective, the dedication must be made by the
governing body on or before the date on which the governing body
adopts its tax rate for a year. The amount of local tax funds
derived from the percentage of the local tax levy dedicated to a
junior college district from a tax levy may not exceed the amount
that would be levied by five percent of the effective tax rate for
the tax year calculated as provided by Section 26.04, Tax Code, on
all property taxable by the school district. All real property
purchased with these funds is the property of the school district,
but is subject to the exclusive control of the governing body of the
junior college district for as long as the junior college district
uses the property for educational purposes.
SECTION 11. Section 51.214(a), Education Code, is amended
to read as follows:
(a) In any municipality with a population of 1.18 million or
more located primarily in a county with a population of 2 million or
more, the governing board of a private, nonprofit medical
corporation, or of the parent corporation of such medical
corporation, that provides police or security services for an
institution of higher education or a private postsecondary
educational institution located within one of the medical
corporation's or parent corporation's medical complexes, or that
provides police or security services for another medical complex
legally affiliated with or owned, leased, managed, or controlled by
the medical corporation or parent corporation, may employ and
commission police or security personnel to enforce the law of this
state within the jurisdiction designated by Subsection (c).
SECTION 12. Section 53A.49(a), Education Code, is amended
to read as follows:
(a) In the same manner that a corporation may issue bonds
under this chapter for an institution of higher education, a
corporation created under Section 53A.35(b) may issue bonds to
finance or refinance educational facilities to be used by a school
that:
(1) is located in a county with a population of more
than two million [1,800,000];
(2) is located within three miles of an area
designated as an enterprise zone under Chapter 2303, Government
Code;
(3) provides primary and secondary education to at
least 1,000 students;
(4) is accredited by an organization approved by the
Texas Education Agency for private school accreditation; and
(5) is owned and operated by a corporation created
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
seq., Vernon's Texas Civil Statutes).
SECTION 13. Section 130.082(i), Education Code, is amended
to read as follows:
(i) The election of trustees of a countywide junior or
community college district that contains a city with a population
of more than 1.18 million located primarily in a county with a
population of 2 million or more shall be held on the first Saturday
in April of each even-numbered year. When a runoff election is
necessary, the board may order the election for a date to coincide
with the date of the runoff election for city officials, if the city
is holding a runoff election; otherwise, the board shall set the
date of the runoff election for not later than three weeks following
the regular election.
SECTION 14. Section 143.005(e), Election Code, is amended
to read as follows:
(e) If the city charter of a home-rule city with a
population of more than 1.18 million located primarily in a county
with a population of 2 million or more that holds nonpartisan
elections for its offices requires both a petition and a $50 fee to
be filed for a candidate's name to be placed on the ballot, those
requirements supersede this section.
SECTION 15. Section 172.021(e), Election Code, is amended
to read as follows:
(e) A candidate for an office specified by Section
172.024(a)(8), (10), or (12), or for justice of the peace in a
county with a population of more than 1.5 million [850,000], who
chooses to pay the filing fee must also accompany the application
with a petition for a place on the primary ballot as a candidate for
judicial office that complies with the requirements prescribed for
the petition authorized by Subsection (b), except that the minimum
number of signatures that must appear on the petition required by
this subsection is 250. If the candidate chooses to file the
petition authorized by Subsection (b) in lieu of the filing fee, the
minimum number of signatures required for that petition is
increased by 250. Signatures on a petition filed under this
subsection or Subsection (b) by a candidate covered by this
subsection may not be obtained on the grounds of a county courthouse
or courthouse annex.
SECTION 16. Section 172.024(a), Election Code, is amended
to read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator $5,000
(2) office elected statewide, except United States
senator 3,750
(3) United States representative 3,125
(4) state senator 1,250
(5) state representative 750
(6) member, State Board of Education 300
(7) chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8) 1,875
(8) chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of more than one million [750,000] is wholly or partly
situated 2,500
(9) district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee 1,500
(10) district or criminal district judge of a court in
a judicial district wholly contained in a county with a population
of more than 1.5 million [850,000] 2,500
(11) judge, statutory county court, other than a judge
specified by Subdivision (12) 1,500
(12) judge of a statutory county court in a county with
a population of more than 1.5 million [850,000] 2,500
(13) district attorney, criminal district attorney,
or county attorney performing the duties of a
district attorney 1,250
(14) county commissioner, district clerk, county
clerk, sheriff, county tax assessor-collector, county treasurer,
or judge, constitutional county court:
(A) county with a population of 200,000
or more 1,250
(B) county with a population of
under 200,000 750
(15) justice of the peace or constable:
(A) county with a population of 200,000
or more 1,000
(B) county with a population of
under 200,000 375
(16) county surveyor75
(17) office of the county government for which this
schedule does not otherwise prescribe a fee 750
SECTION 17. Section 84.002(a), Family Code, is amended to
read as follows:
(a) On the request of the prosecuting attorney in a county
with a population of more than two [1.5] million or in a county in a
judicial district that is composed of more than one county, the
district court shall set the hearing on a date and time not later
than 20 days after the date the application is filed or 20 days
after the date a request is made to reschedule a hearing under
Section 84.003.
SECTION 18. Section 51.501(c), Government Code, is amended
to read as follows:
(c) The commissioners court of a county that has a
population of 5,800 [6,000] to 5,900 [6,125] shall determine
whether the county shall have a joint clerk but may not take action
to prevent a district clerk, county clerk, or joint clerk from
serving the full term of office to which the clerk was elected.
SECTION 19. Section 62.016(h), Government Code, is amended
to read as follows:
(h) In a county with a population of more than 1.5 million
[900,000], the district judges, by a majority vote, may authorize
the drawing of two general jury panels for the week, with one to be
used in the courts that have a criminal docket and the other to be
used in the courts that have a civil docket.
SECTION 20. Section 62.021, Government Code, is amended to
read as follows:
Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a
county with a population of two [1.5] million or more, a prospective
juror removed from a jury panel for cause, by peremptory challenge
or for any other reason, must be dismissed from jury service. After
dismissal, the person may not be placed on another jury panel until
his name is returned to the jury wheel and drawn again for jury
service.
SECTION 21. Section 803.0021, Government Code, is amended
to read as follows:
Sec. 803.0021. APPLICATION OF CHAPTER. This chapter
applies only to:
(1) a retirement system for general municipal
employees in a municipality with a population of not less than
750,000 [600,000] nor more than 850,000 [700,000];
(2) the Employees Retirement System of Texas, the
Teacher Retirement System of Texas, the Judicial Retirement System
of Texas Plan One, the Judicial Retirement System of Texas Plan Two,
the Texas County and District Retirement System, and the Texas
Municipal Retirement System; and
(3) a retirement system that makes an election under
Section 803.101(f).
SECTION 22. The heading to Section 1331.051, Government
Code, is amended to read as follows:
Sec. 1331.051. LIMITATION ON BONDED DEBT: MUNICIPALITY
WITH POPULATION OF 750,000 [600,000] OR MORE.
SECTION 23. Section 1331.051(a), Government Code, is
amended to read as follows:
(a) This section applies only to a municipality with a
population of 750,000 [600,000] or more.
SECTION 24. Section 1371.059(c), Government Code, is
amended to read as follows:
(c) An issuer in the proceedings to authorize obligations or
a credit agreement, or in a credit agreement, may agree to waive
sovereign immunity from suit or liability for the purpose of
adjudicating a claim to enforce the credit agreement or obligation
or for damages for breach of the credit agreement or
obligation. This subsection does not apply to an issuer that is:
(1) a state agency, including a state institution of
higher education; or
(2) a county with a population of 1.5 million
[900,000] or more.
SECTION 25. Section 1473.101(b), Government Code, is
amended to read as follows:
(b) The commissioners court of a county that has a
population of more than 1.5 million [900,000] may:
(1) issue bonds to pay for the construction and
equipment of a courthouse or county branch office building,
including the acquisition of a site for the courthouse or branch
office building; and
(2) impose a tax to pay for the bonds.
SECTION 26. Section 1473.191, Government Code, is amended
to read as follows:
Sec. 1473.191. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a county with a population of more than
1.5 million [900,000].
SECTION 27. Section 1473.231, Government Code, is amended
to read as follows:
Sec. 1473.231. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a county with a population of more than
1.5 million [900,000].
SECTION 28. The heading to Chapter 1476, Government Code,
is amended to read as follows:
CHAPTER 1476. CERTIFICATES OF INDEBTEDNESS IN COUNTIES WITH
POPULATION OF MORE THAN TWO [1.5] MILLION
SECTION 29. Section 1476.001(a), Government Code, is
amended to read as follows:
(a) This chapter applies only to a county with a population
of more than two [1.5] million.
SECTION 30. Section 1502.070(a), Government Code, is
amended to read as follows:
(a) Management and control of a utility system may be vested
in:
(1) the municipality's governing body; or
(2) a board of trustees named in the proceedings
adopted by the municipality and consisting of not more than:
(A) five members, one of whom must be the mayor of
the municipality; or
(B) seven members, one of whom must be the mayor
of the municipality, if the municipality is located in a county:
(i) with a population of at least 800,000
[600,000]; and
(ii) that is located on an international
border.
SECTION 31. Section 1506.101, Government Code, is amended
to read as follows:
Sec. 1506.101. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a municipality that:
(1) is located on the Gulf of Mexico or on a channel,
canal, bay, or inlet connected to the Gulf of Mexico; and
(2) has a population of:
(A) more than 47,500 [56,000] and less than
73,000 [67,000]; or
(B) more than 117,000 [113,000] and less than
160,000 [150,000].
SECTION 32. Section 1509.002(b), Government Code, is
amended to read as follows:
(b) This section applies only to a municipality that:
(1) has a population of more than 17,000 [15,000] but
less than 18,000 [16,000]; and
(2) is located in two counties with populations of
550,000 [325,000] or more but less than 4.2 [3.5] million.
SECTION 33. Section 2303.004(b), Government Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a), the governing body of a
county with a population of one million [750,000] or more may
nominate for designation as an enterprise project a project or
activity of a qualified business that is located within the
jurisdiction of a municipality located in the county. For purposes
of this subsection, a county during any biennium may not use in any
one municipality more than three of the maximum number of
designations the county is permitted under Section 2303.406(d)(2).
SECTION 34. Section 168.010(a), Health and Safety Code, is
amended to read as follows:
(a) This section applies only to a school district located
in a county that:
(1) has a population of less than 800,000 [600,000];
and
(2) is located on the international border.
SECTION 35. Section 281.021(b), Health and Safety Code, is
amended to read as follows:
(b) The commissioners court of a county with a population of
more than 1.8 [1.4] million but less than 1.9 [1.5] million in which
a district is created under this chapter shall appoint a board
composed of not less than five or more than 15 members.
SECTION 36. Section 281.056(b-1), Health and Safety Code,
is amended to read as follows:
(b-1) The county attorney, district attorney, or criminal
district attorney, as appropriate, with the duty to represent the
county in civil matters shall, in all legal matters, represent a
district located in:
(1) a county with a population of 800,000 [650,000] or
more that borders the United Mexican States;
(2) a county with a population of 3.4 million or more;
or
(3) a county with a population of more than 800,000
that was not included in the boundaries of a hospital district
before September 1, 2003.
SECTION 37. Section 285.002, Health and Safety Code, is
amended to read as follows:
Sec. 285.002. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county having:
(1) a population of at least 800,000 [650,000]; and
(2) a countywide hospital district that:
(A) has taxes imposed and collected by the
commissioners court of the county; and
(B) has teaching hospital facilities affiliated
with a state-owned or private medical school.
SECTION 38. Section 285.022(a), Health and Safety Code, is
amended to read as follows:
(a) A hospital district located in a county with a
population of more than 1.5 million [900,000] may construct,
enlarge, furnish, equip, operate, or lease a parking station near a
hospital in the district on the determination by the commissioners
court of the county that the action is in the best interest of the
hospital district and the residents of the district.
SECTION 39. The heading to Chapter 289, Health and Safety
Code, is amended to read as follows:
CHAPTER 289. COUNTY HEALTH CARE FUNDING DISTRICTS
IN CERTAIN COUNTIES LOCATED ON TEXAS-MEXICO BORDER THAT
HAVE POPULATION OF LESS THAN 300,000 [200,000]
SECTION 40. Section 289.002, Health and Safety Code, is
amended to read as follows:
Sec. 289.002. CREATION OF DISTRICT. A district is created
in each county located on the Texas-Mexico border that has a
population of less than 300,000 [200,000] and contains one or more
municipalities with a population of 200,000 [100,000] or more.
SECTION 41. The heading to Chapter 290, Health and Safety
Code, is amended to read as follows:
CHAPTER 290. COUNTY HEALTH CARE FUNDING DISTRICTS
IN CERTAIN COUNTIES WITH POPULATION OF
1.8 [1.4] MILLION OR LESS
SECTION 42. Section 290.002, Health and Safety Code, is
amended to read as follows:
Sec. 290.002. CREATION OF DISTRICT. A district is created
in each county that has a population of 1.8 [1.4] million or less
and in which a municipality with a population of 1.1 million or more
is predominantly located.
SECTION 43. Section 301.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Eligible institution" means an entity engaged in
health-related pursuits that, except for cooperative associations,
is exempt from federal income tax and includes only:
(A) a municipality;
(B) a political subdivision of the state;
(C) a state-supported health-related
institution, including:
(i) The Texas A&M University System;
(ii) The University of Texas System; and
(iii) Texas Woman's University;
(D) a nonprofit health-related institution; or
(E) a cooperative association created under
Subchapter B, a unit of which is located in a county with a
population of more than 3.3 [2.5] million.
SECTION 44. Section 361.271(c), Health and Safety Code, is
amended to read as follows:
(c) A political subdivision that is in a county with a
population of 3.3 [2.4] million or more or is in a county adjacent
to a county with a population of 3.3 [2.4] million or more and that
builds or installs a drainage project on a site of a solid waste
facility is not a person responsible for solid waste released or
threatened to be released from the facility or at a site of the
facility if:
(1) the political subdivision acquired ownership or
control of the facility or site through bankruptcy, tax
delinquency, abandonment, or other circumstances in which the
subdivision involuntarily acquired title to the facility or site by
virtue of the subdivision's function as sovereign; and
(2) the plans for the drainage project have been
submitted to and reviewed by the commission.
SECTION 45. Section 382.056(r), Health and Safety Code, is
amended to read as follows:
(r) This section does not apply to:
(1) the relocation or change of location of a portable
facility to a site where a portable facility has been located at the
proposed site at any time during the previous two years;
(2) a facility located temporarily in the
right-of-way, or contiguous to the right-of-way, of a public works
project; or
(3) a facility described by Section 382.065(c), unless
that facility is in a county with a population of 3.3 [2.4] million
or more or in a county adjacent to such a county.
SECTION 46. Section 382.065(d), Health and Safety Code, is
amended to read as follows:
(d) Notwithstanding Subsection (c), Subsection (a) applies
to a concrete crushing facility in a county with a population of 3.3
[2.4] million or more or in a county adjacent to such a county.
SECTION 47. Section 382.218(a), Health and Safety Code, is
amended to read as follows:
(a) This section applies only to a county with a population
of 800,000 [650,000] or more that borders the United Mexican
States.
SECTION 48. Section 462.0731(a), Health and Safety Code, is
amended to read as follows:
(a) This section applies to a chemically dependent patient
who is a resident of a county with a population of more than 3.3
[2.4] million, according to the most recent federal decennial
census, and whose inpatient commitment is modified to an outpatient
commitment, who is furloughed from an inpatient facility, or who is
committed to treatment on an outpatient basis.
SECTION 49. Sections 711.008(d) and (k), Health and Safety
Code, are amended to read as follows:
(d) Subsection (a) does not apply to a cemetery established
and operating before September 1, 1995, in a county with a
population of more than 285,000 [250,000] and less than 300,000
[251,000] that borders the Gulf of Mexico.
(k) This subsection applies only to a municipality with a
population of 115,000 [110,000] or more that is located in a county
with a population of less than 132,000 [127,000]. Not later than
September 1, 1994, a person may file a written application with the
governing body of the municipality to establish or use a cemetery
located inside the boundaries of the municipality. The
municipality by ordinance shall prescribe the information to be
included in the application. The governing body by ordinance may
authorize the establishment or use of a cemetery located inside the
boundaries of the municipality if the municipality determines and
states in the ordinance that the establishment or use of the
cemetery does not adversely affect public health, safety, and
welfare.
SECTION 50. Section 771.0751(a), Health and Safety Code, as
added by Chapter 258 (H.B. 1771), Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(a) This section applies only to the use of fees and
surcharges collected under this subchapter in a county subject to
this subchapter with a population of at least one million
[700,000].
SECTION 51. Section 772.204, Health and Safety Code, is
amended to read as follows:
Sec. 772.204. APPLICATION OF SUBCHAPTER. This subchapter
applies to a county with a population of more than 1.5 million
[860,000] in which an emergency communication district was created
under Chapter 7, Acts of the 68th Legislature, 2nd Called Session,
1984, before January 1, 1988.
SECTION 52. Section 772.402, Health and Safety Code, is
amended to read as follows:
Sec. 772.402. APPLICATION OF SUBCHAPTER. This subchapter
applies only to a county having a population of more than two [1.5]
million in which a communication district has not been created
under Subchapter B.
SECTION 53. Sections 775.014(g) and (h), Health and Safety
Code, are amended to read as follows:
(g) This section does not apply if the proposed district
contains territory in the unincorporated area of a county with a
population of 3.3 [2.4] million or more.
(h) The governing body of a municipality with a population
of more than one million may negotiate with the commissioners court
of a county with a population of less than 1.8 [1.4] million that is
the county in which the majority of the territory inside the
municipality's corporate boundaries is located conditions under
which the municipality will grant its consent to the inclusion of
its extraterritorial jurisdiction in the district. The negotiated
conditions may:
(1) limit the district's ability to incur debt;
(2) require the district to ensure that its equipment
is compatible with the municipality's equipment; and
(3) require the district to enter into mutual aid
agreements.
SECTION 54. Section 775.017(a), Health and Safety Code, is
amended to read as follows:
(a) If after the hearing the commissioners court finds that
creation of the district is feasible and will promote the public
safety, welfare, health, and convenience of persons residing in the
proposed district, the commissioners court shall grant the
petition, fix the district's boundaries, and impose any conditions
negotiated under Section 775.014(h). If the proposed district,
according to its boundaries stated in the petition, is located
wholly in a county with a population of more than 3.3 [2.4] million,
the commissioners court may amend the petition to change the
boundaries of the proposed district if the commissioners court
finds the change is necessary or desirable. For the purposes of
this provision, the population of the county is determined
according to the most recent federal decennial census available at
the time the petition is filed.
SECTION 55. Section 775.031(b), Health and Safety Code, is
amended to read as follows:
(b) A district located wholly within a county with a
population of more than 3.3 [2.4] million may not provide fire
prevention or fire-fighting services unless the district:
(1) was originally a rural fire prevention district
and was converted to an emergency services district under this
chapter or former Section 794.100; or
(2) is created after September 1, 2003.
SECTION 56. Section 101.028(a), Human Resources Code, is
amended to read as follows:
(a) This section applies only to counties having a
population of not less than 22,140 [23,750] and not more than 22,340
[24,000] and to cities and towns within those counties.
SECTION 57. Section 1575.163, Insurance Code, is amended to
read as follows:
Sec. 1575.163. LIMITATIONS. The Teacher Retirement System
of Texas, as trustee, may not contract for or provide a health
benefit plan that excludes from participation in the network a
general hospital that:
(1) is located in [within] the geographical service
area or areas of the health coverage plan that includes a county
that:
(A) has a population of at least 100,000 and not
more than 210,000 [175,000]; and
(B) is located in the Texas-Louisiana border
region, as that term is defined in Section 2056.002(e), Government
Code; and
(2) agrees to provide medical and health care services
under the plan subject to the same terms and conditions as other
hospital providers under the plan.
SECTION 58. Section 1579.108, Insurance Code, is amended to
read as follows:
Sec. 1579.108. LIMITATIONS. The trustee may not contract
for or provide a health coverage plan that excludes from
participation in the network a general hospital that:
(1) is located in the geographical service area or
areas of the health coverage plan that includes a county that:
(A) has a population of at least 100,000 and not
more than 210,000 [175,000]; and
(B) is located in the Texas-Louisiana border
region, as that term is defined in Section 2056.002(e), Government
Code; and
(2) agrees to provide medical and health care services
under the plan subject to the same terms as other hospital providers
under the plan.
SECTION 59. Section 92.013(b), Labor Code, is amended to
read as follows:
(b) A municipality with a population greater than one
million [750,000] may establish municipal licensing requirements
that impose stricter standards than those imposed under Subchapter
C.
SECTION 60. Section 201.070, Labor Code, is amended to read
as follows:
Sec. 201.070. SERVICE AS PRODUCT DEMONSTRATOR; SALESMAN.
In this subtitle, "employment" does not include:
(1) service by an individual as a product demonstrator
if:
(A) the service is performed under a written
contract between the individual performing the service and a person
whose principal business is obtaining the service of a demonstrator
for a third person for product demonstration purposes; and
(B) in contract and in fact the individual:
(i) is not treated as an employee with
respect to that service for federal unemployment tax purposes;
(ii) is compensated for each demonstration
or is compensated based on factors that relate to the work
performed;
(iii) determines the method of performing
the service;
(iv) provides each vehicle used to perform
the service;
(v) is responsible for the completion of a
specific job and is liable for failure to complete the job;
(vi) may accept or reject a job from a
product demonstrator business;
(vii) is free from control by the principal
business as to where the individual works;
(viii) controls solely opportunity for
profit or loss; and
(ix) pays all expenses and operating costs,
including fuel, repairs, supplies, and motor vehicle insurance;
(2) service by an individual as a direct seller if:
(A) the individual is engaged in the business of:
(i) in-person sales of consumer products to
a buyer on a buy-sell basis, a deposit-commission basis, or a
similar basis for resale in a home or in a place other than, and not
affiliated with, a permanent retail establishment; or
(ii) sales of consumer products in a home or
in a place other than, and not affiliated with, a permanent retail
establishment;
(B) substantially all remuneration for the
service, whether in cash or other form of payment, is directly
related to sales or other output, including the performance of the
service, and not to the number of hours worked; and
(C) the service is performed under a written
contract between the individual and the person for whom the service
is performed, and the contract provides that the individual is not
treated as an employee with respect to the service for federal tax
purposes; or
(3) service performed by an individual at a trade
market for a wholesaler or sales representative of a wholesaler or
manufacturer of consumer goods under a written contract, or as a
salesman for a wholesaler of consumer goods, if the wholesaler or
sales representative maintains a regular or seasonal place of
business at a trade market facility in a municipality with a
population of more than one million [750,000].
SECTION 61. Section 43.034, Local Government Code, is
amended to read as follows:
Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
AREA; CERTAIN MUNICIPALITIES. A general-law municipality may
annex adjacent territory without the consent of any of the
residents or voters of the area and without the consent of any of
the owners of land in the area if:
(1) the municipality has a population of 1,762-1,770
[1,000-1,300], part of whose boundary is part of the shoreline of a
lake whose normal surface area is 75,000 acres or greater and which
is located completely within the State of Texas;
(2) the procedural rules prescribed by this chapter
are met;
(3) the service plan requires that police and fire
protection at a level consistent with protection provided within
the municipality must be provided to the area within 10 days after
the effective date of the annexation; and
(4) the municipality and the affected landowners have
not entered an agreement to not annex the area for a certain period.
SECTION 62. Section 43.0751(n), Local Government Code, is
amended to read as follows:
(n) This subsection applies only to a municipality any
portion of which is located in a county that has a population of not
less than 285,000 and not more than 300,000 [250,000] and that
borders the Gulf of Mexico and is adjacent to a county with a
population of more than 3.3 million. A municipality may impose
within the boundaries of a district a municipal sales and use tax
authorized by Chapter 321, Tax Code, or a municipal hotel occupancy
tax authorized by Chapter 351, Tax Code, that is imposed in the
municipality if:
(1) the municipality has annexed the district for
limited purposes under this section; or
(2) following two public hearings on the matter, the
municipality and the district enter a written agreement providing
for the imposition of the tax or taxes.
SECTION 63. Section 43.1025(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a home-rule municipality
that has a population of less than 11,000 [10,000] and is located
primarily in a county with a population of more than 3.3 million.
SECTION 64. Section 43.105(a), Local Government Code, is
amended to read as follows:
(a) A general-law municipality that has a population of
1,066-1,067 [1096-1100] and is located in a county with a
population of 85,000 or more that is not adjacent to a county with a
population of 2 million or more, or that has a population of
6,000-6,025 [5,240-5,280] may annex, by ordinance and without the
consent of any person, a public street, highway, road, or alley
adjacent to the municipality.
SECTION 65. The heading to Section 81.028, Local Government
Code, is amended to read as follows:
Sec. 81.028. DELEGATION OF DUTIES OF A COUNTY JUDGE IN
COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION [1,000,000].
SECTION 66. Section 81.028(a), Local Government Code, is
amended to read as follows:
(a) This section applies exclusively to a county judge in a
county with a population of more than 1.5 million [1,000,000].
SECTION 67. Section 81.029(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county judge in a county
that has a population of more than 800,000 [600,000] and is located
on the international border.
SECTION 68. Section 115.044(a), Local Government Code, is
amended to read as follows:
(a) A county with a population of 312,000 [239,000] to
330,000 [242,000] shall conduct a biennial independent audit of all
books, records, and accounts of each district, county, and precinct
officer, agent, or employee, including those of the regular county
auditor, and of all governmental units of the county hospitals,
farms, and other institutions. The audit must cover all matters
relating to the fiscal affairs of the county. The audit shall be
conducted in each even-numbered year and must be completed before
December 31 of the year.
SECTION 69. Section 143.0052(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality that:
(1) has a population of more than 220,000 [200,000]
and less than 250,000;
(2) is located in a county in which another
municipality that has a population of more than one million is
predominately located; and
(3) whose emergency medical services are administered
by a fire department.
SECTION 70. Section 152.017, Local Government Code, is
amended to read as follows:
Sec. 152.017. EXCEPTIONS. This subchapter does not apply
to:
(1) a judge of a court of record;
(2) a presiding judge of a commissioners court in a
county with a population of 3.3 [2.5] million or more;
(3) a district attorney paid wholly by state funds or
the district attorney's assistants, investigators, or other
employees;
(4) a county auditor, county purchasing agent, or the
auditor's or purchasing agent's assistants or other employees; or
(5) a person employed under Section 10, Article 42.12,
Code of Criminal Procedure.
SECTION 71. Sections 152.032(b), (d), and (e), Local
Government Code, are amended to read as follows:
(b) This subsection applies only to a county that employs an
arena venue project manager hired as of March 7, 2001, and that has
a population of less than 1.8 [1.4] million in which a municipality
with a population of more than one million is located. The amount
of the compensation and allowances of a county auditor in a county
subject to this subsection may not exceed the amount of the
compensation and allowances received from all sources by the county
budget officer. If the county hires a county budget officer at a
salary lower than the salary of the previous county budget officer,
the county auditor's salary may not be reduced on that basis.
(d) The amount of the compensation and allowances of a
county auditor in a county subject to this subsection may be set in
an amount that exceeds the limit established by Subsection (a) if
the compensation and allowances are approved by the commissioners
court of the county. This subsection applies only to:
(1) a county with a population of more than 108,000
[77,000] and less than 110,000 [80,000];
(2) a county with a population of 120,000 or more,
excluding a county subject to Subsection (b);
(3) a county with a population of more than 1,000 and
less than 23,000 [21,000] that borders the Gulf of Mexico; and
(4) a county that borders a county subject to
Subsection (b) and that has a population of more than 108,000
[50,000] and less than 110,000 [85,000].
(e) This subsection applies only to a county with a
population of more than one million [800,000] that uses an
automated system to enhance internal controls of county finances
through the use of automated edit checks of its automated
purchasing system and its comprehensive automated payroll system.
The amount of the compensation and allowances of a county auditor in
a county governed by this subsection may exceed the limit imposed by
Subsection (a) if the compensation and allowances are approved by
the commissioners court. If a county is governed by this subsection
and Subsection (b), the amount of compensation and allowances
received by the county auditor may not exceed the limit imposed by
Subsection (b).
SECTION 72. Section 152.904(c), Government Code, is amended
to read as follows:
(c) The commissioners court of a county with a population of
285,000 [250,000] to 300,000 [251,000] shall set the annual salary
of the county judge at an amount equal to or greater than 90 percent
of the salary, including supplements, of any district judge in
Galveston County. However, the salary may not be set at an amount
less than the salary paid the county judge on May 2, 1962.
SECTION 73. Section 158.008(e), Local Government Code, is
amended to read as follows:
(e) A member of the commissioners court of a county with a
population of two [1.8] million or more is not prohibited from being
appointed to the civil service commission.
SECTION 74. Section 160.002, Local Government Code, is
amended to read as follows:
Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This
chapter applies only to a county with a population of more than 3.3
[2.4] million and its employees, including but not limited to the
employees of road and bridge districts, flood control districts,
and juvenile probation departments in the county. However, this
chapter does not apply to the employees of a sheriff's department.
SECTION 75. Section 161.001, Local Government Code, is
amended to read as follows:
Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a county that:
(1) has a population of 800,000 [650,000] or more;
(2) is located on the international border; and
(3) before September 1, 2009, had a county ethics
board appointed by the commissioners court.
SECTION 76. Section 176.009(b), Local Government Code, is
amended to read as follows:
(b) This subsection applies only to a county with a
population of one million [800,000] or more or a municipality with a
population of 500,000 or more. A county or municipality shall
provide, on the Internet website maintained by the county or
municipality, access to each report of political contributions and
expenditures filed under Chapter 254, Election Code, by a member of
the commissioners court of the county or the governing body of the
municipality in relation to that office as soon as practicable
after the officer files the report.
SECTION 77. Section 180.003(a), Local Government Code, is
amended to read as follows:
(a) In a county with a population of 312,000 [239,000] to
330,000 [242,000], a sheriff, deputy, constable, or other peace
officer of the county or a municipality located in the county may
not be required to be on duty more than 48 hours a week unless the
peace officer is called on by a superior officer to serve during an
emergency as determined by the superior officer.
SECTION 78. Section 212.0155(a), Local Government Code, is
amended to read as follows:
(a) This section applies to land located wholly or partly in
the corporate boundaries of a municipality if the municipality:
(1) has a population of more than 50,000; and
(2) is located wholly or partly in:
(A) a county with a population of more than three
million;
(B) a county with a population of more than
400,000 [275,000] that is adjacent to a county with a population of
more than three million; or
(C) a county with a population of more than 1.4
million:
(i) in which two or more municipalities
with a population of 300,000 or more are located; and
(ii) that is adjacent to a county with a
population of more than two million.
SECTION 79. Section 214.161, Local Government Code, is
amended to read as follows:
Sec. 214.161. MUNICIPALITY COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality with a population of more
than 1.18 million located primarily in a county with a population of
2 million or more.
SECTION 80. Section 214.233(a), Local Government Code, is
amended to read as follows:
(a) A municipality located in a county with a population of
two [1.5] million or more may adopt an ordinance requiring owners of
vacant buildings to register their buildings by filing a
registration form with a designated municipal official.
SECTION 81. Section 229.003(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality located
wholly or partly in a county:
(1) with a population of 750,000 [450,000] or more;
(2) in which all or part of a municipality with a
population of one million or more is located; and
(3) that is located adjacent to a county with a
population of two million or more.
SECTION 82. Section 233.001(a), Local Government Code, is
amended to read as follows:
(a) If the commissioners court of a county that borders the
Gulf of Mexico and is adjacent to a county with a population of more
than 3.3 [2.5] million finds that a bulkhead or other method of
shoreline protection, hereafter called "structure," in an
unincorporated area of the county is likely to endanger persons or
property, the commissioners may:
(1) order the owner of the structure, the owner's
agent, or the owner or occupant of the property on which the
structure is located to repair, remove, or demolish the structure
or the part of the structure within a specified time; or
(2) repair, remove, or demolish the structure or the
part of the structure at the expense of the county on behalf of the
owner of the structure or the owner of the property on which the
structure is located and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
SECTION 83. Section 240.042(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
1.8 [1.4] million or more by order may regulate the placement of
private water wells in the unincorporated area of the county to
prevent:
(1) the contamination of a well from an on-site sewage
disposal system;
(2) rendering an on-site sewage disposal system that
was in place before the well was drilled out of compliance with
applicable law because of the placement of the well; and
(3) drilling of a domestic well into a contaminated
groundwater plume or aquifer.
SECTION 84. Section 240.082(a), Local Government Code, is
amended to read as follows:
(a) This subchapter applies only to real property that is
located in the unincorporated area of a county with a population of
1.8 [1.4] million or more.
SECTION 85. Section 262.036(a), Local Government Code, is
amended to read as follows:
(a) Notwithstanding any other provision in this chapter, a
county with a population of one million [800,000] or more may select
an appropriately licensed insurance agent as the sole broker of
record to obtain proposals and coverages for insurance that
provides necessary coverage and adequate limits of coverage in all
areas of risk, including public official liability, property,
casualty, workers' compensation, and specific and aggregate
stop-loss coverage for self-funded health care.
SECTION 86. Section 270.005(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
251,000 to 275,000 [280,000] may contract with the United States
government or a federal agency for:
(1) the joint construction or improvement of roads,
bridges, or other county improvements; or
(2) the maintenance of a project constructed under
this section.
SECTION 87. Section 292.001(d), Local Government Code, is
amended to read as follows:
(d) A justice of the peace court may not be housed or
conducted in a building located outside the court's precinct except
as provided by Section 27.051(f), Government Code, or unless the
justice of the peace court is situated in the county courthouse in a
county with a population of at least 275,000 [242,000] persons but
no more than 285,000 [248,000] persons.
SECTION 88. Section 292.023(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county with a population
of:
(1) 35,500 to 36,000; or
(2) 85,000 [76,500] to 86,500 [77,000].
SECTION 89. Section 292.025(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county with a population
of 35,050 [32,250] to 35,090 [32,350].
SECTION 90. Section 292.027(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county with a population
of 57,000 [54,000] to 59,000 [57,000].
SECTION 91. Sections 335.035(a) and (f), Local Government
Code, are amended to read as follows:
(a) This section applies only to the board of a district
located in whole or in part in a county with a population of 3.3
[2.4] million or more.
(f) Section 335.031(b) does not apply to a district located
in a county with a population of 3.3 [2.4] million or more.
SECTION 92. Section 335.0711(b), Local Government Code, is
amended to read as follows:
(b) This section applies only to a district located in a
county with a population of 3.3 [2.4] million or more.
SECTION 93. Section 335.102, Local Government Code, is
amended to read as follows:
Sec. 335.102. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a district located in a county with a population of
3.3 [2.4] million or more.
SECTION 94. Section 341.904(b), Local Government Code, is
amended to read as follows:
(b) In a municipality with a population of 1.18 million or
more located primarily in a county with a population of 2 million or
more, a person commits an offense if the person intentionally or
knowingly:
(1) uses, possesses, or wears:
(A) a police identification item of the municipal
police department;
(B) an item bearing the insignia or design
prescribed by the police chief of the municipality for officers and
employees of the municipal police department to use while engaged
in official activities; or
(C) within the municipal police department's
jurisdiction, an item that is deceptively similar to a police
identification item of the department;
(2) uses, within the municipal police department's
jurisdiction, the name of the department in connection with an
object to create the appearance that the object belongs to or is
used by the department; or
(3) uses, possesses, or operates, within the municipal
police department's jurisdiction, a marked patrol vehicle that is
deceptively similar to a department patrol vehicle.
SECTION 95. Section 361.042(a), Local Government Code, is
amended to read as follows:
(a) Instead of providing and maintaining its own jail, the
commissioners court of a county with a population of 110,000
[102,000] to 113,000 [104,300] may provide safe and suitable jail
facilities for the county by contracting for the facilities with
the governing body of the municipality that is the county seat of
the county.
SECTION 96. Section 373A.003(a), Local Government Code, is
amended to read as follows:
(a) This chapter applies to a municipality with a population
of more than 750,000 [650,000] that is located in a uniform state
service region with fewer than 550,000 occupied housing units as
determined by the most recent United States decennial census.
SECTION 97. Section 381.001(c), Local Government Code, is
amended to read as follows:
(c) In a county with a population of 14,600 [13,000] to
14,800 [13,040], or 16,615 [15,900] to 16,715 [16,100], or 17,800
[18,570] to 18,000 [18,600], or 24,600 [24,000] to 24,800 [25,000],
a person appointed to the commission also must be serving or must
have served on an industrial foundation committee, commissioners
court, municipality's governing body, or school board. In
addition, in those counties information obtained by the commission
shall be available to the commissioners court.
SECTION 98. Section 382.002, Local Government Code, is
amended to read as follows:
Sec. 382.002. APPLICABILITY. This chapter applies only to:
(1) a county with a population of 1.5 million
[825,000] or more, other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
SECTION 99. Section 386.031(a), Local Government Code, is
amended to read as follows:
(a) To be created as a development zone, an area must:
(1) have a continuous boundary;
(2) be at least 10 square miles but not larger than an
area that is equal to five percent of the area, excluding lakes,
waterways, and transportation arteries, of the municipality,
county, or combination of municipalities and the county nominating
the area as a development zone;
(3) be an area of pervasive poverty, unemployment, or
economic distress;
(4) be located in a county with a population of 3.3
[2.5] million or more;
(5) be adjacent to major transportation nodes and
thoroughfares that may be used for exporting products to major
airports, railways, and ports; and
(6) be designated as a development zone by an
ordinance or order adopted by each creating body.
SECTION 100. Section 395.081(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality with a
population of 115,000 [105,000] or less that constitutes more than
three-fourths of the population of the county in which the majority
of the area of the municipality is located.
SECTION 101. Section 552.044(1)(B), Local Government Code,
is amended to read as follows:
(B) "Benefitted property," in a municipality
with a population of more than 1.18 million located primarily in a
county with a population of 2 million or more which is operating a
drainage utility system under this chapter, means a lot or tract,
but does not include land appraised for agricultural use, to which
drainage service is made available under this subchapter and which
discharges into a creek, river, slough, culvert, or other channel
that is part of the municipality's drainage utility
system. Sections 552.053(c)(2) and (c)(3) do not apply to a
municipality described in this subdivision.
SECTION 102. Section 561.007(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county that:
(1) has a population of 190,000 or more, is adjacent to
a county with a population of 3.3 million [2,400,000] or more, and
borders the Gulf of Mexico; and
(2) operates a road department system under Subchapter
D, Chapter 252, Transportation Code.
SECTION 103. Section 615.002(a), Local Government Code, is
amended to read as follows:
(a) This section applies to a county with a population of:
(1) 14,050 [14,350] to 14,250 [14,450];
(2) 19,700 [19,000] to 19,800 [19,200];
(3) 21,850 [20,100] to 22,000 [20,300];
(4) 54,000 [47,150] to 54,500 [47,350];
(5) 36,500 [37,900] to 36,800 [38,500]; or
(6) 234,000 [210,000 to 220,000; or
[(7) 235,000] or more.
SECTION 104. Section 615.011(b), Local Government Code, is
amended to read as follows:
(b) A county with a population of 41,500 [36,650] to 42,500
[37,650] may authorize the use of county equipment, machinery, and
employees to construct, establish, and maintain a public airstrip
in the county.
SECTION 105. Section 615.022, Local Government Code, is
amended to read as follows:
Sec. 615.022. TRANSPORTATION EXPENSES OF CERTAIN COUNTIES
FOR SENIOR CITIZENS. The commissioners court of a county with a
population of 3.3 [2.4] million or more may pay out of the county
general funds costs and expenses for the transportation of senior
citizens for civic, community, educational, and recreational
activities within and outside the county.
SECTION 106. Section 61.018(a-1), Natural Resources Code,
is amended to read as follows:
(a-1) A county attorney, district attorney, or criminal
district attorney or the attorney general may not file a suit under
Subsection (a) to obtain a temporary or permanent court order or
injunction, either prohibitory or mandatory, to remove a house from
a public beach if:
(1) the line of vegetation establishing the boundary
of the public beach moved as a result of a meteorological event that
occurred before January 1, 2009;
(2) the house was located landward of the natural line
of vegetation before the meteorological event;
(3) a portion of the house continues to be located
landward of the line of vegetation; and
(4) the house is located on a peninsula in a county
with a population of more than 285,000 [250,000] and less than
300,000 [251,000] that borders the Gulf of Mexico.
SECTION 107. Section 133.091, Natural Resources Code, is
amended to read as follows:
Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a
population of 3.3 [2.4] million or more may adopt regulations
requiring the placement of signs or barriers on aggregate quarries
and pits.
SECTION 108. Section 2308.209(b), Occupations Code, is
amended to read as follows:
(b) This section applies only to the unincorporated area of
a county:
(1) with a population of 550,000 [300,000] or more
that is adjacent to a county with a population of 3.3 [2.3] million
or more;
(2) with a population of less than 10,000 that is
located in a national forest; or [and]
(3) adjacent to a county described by Subdivision (2)
that has a population of less than 75,000.
SECTION 109. Section 201.001(a), Property Code, is amended
to read as follows:
(a) This chapter applies to a residential real estate
subdivision that is located in whole or in part:
(1) within a city that has a population of more than
100,000, or within the extraterritorial jurisdiction of such a
city;
(2) in the unincorporated area of:
(A) a county having a population of 3.3 million
[2,400,000] or more; or
(B) a county having a population of 40,000
[30,000] or more that is adjacent to a county having a population of
3.3 million [2,400,000] or more; or
(3) in the incorporated area of a county having a
population of 40,000 [30,000] or more that is adjacent to a county
having a population of 3.3 million [2,400,000] or more.
SECTION 110. Section 204.002(a), Property Code, is amended
to read as follows:
(a) This chapter applies only to a residential real estate
subdivision, excluding a condominium development governed by Title
7, Property Code, that is located in whole or in part:
(1) in a county with a population of 3.3 [2.8] million
or more;
(2) in a county with a population of not less than
285,000 and not [250,000 or] more than 300,000 that is adjacent to
the Gulf of Mexico and that is adjacent to a county having a
population of 3.3 [2.8] million or more; or
(3) in a county with a population of 275,000 or more
that:
(A) is adjacent to a county with a population of
3.3 million or more; and
(B) contains part of a national forest.
SECTION 111. Section 210.002, Property Code, is amended to
read as follows:
Sec. 210.002. APPLICABILITY OF CHAPTER. This chapter
applies to a residential real estate subdivision that is located in
a county with a population of:
(1) more than 200,000 [170,000] and less than 220,000
[175,000]; or
(2) more than 45,000 and less than 80,000 [75,000]
that is adjacent to a county with a population of more than 200,000
[170,000] and less than 220,000 [175,000].
SECTION 112. Section 6.41(d-1), Tax Code, is amended to
read as follows:
(d-1) In a county with a population of 3.3 million or more or
a county with a population of 550,000 [350,000] or more that is
adjacent to a county with a population of 3.3 million or more the
members of the board are appointed by the local administrative
district judge in the county in which the appraisal district is
established.
SECTION 113. Section 11.18(p), Tax Code, as added by
Chapter 1314 (H.B. 2628), Acts of the 81st Legislature, Regular
Session, 2009, is amended to read as follows:
(p) The exemption authorized by Subsection (d)(23) applies
only to improvements that:
(1) are owned by a charitable organization that has
been in existence for at least 10 years;
(2) are used to provide housing and related services
to individuals described by that subsection; and
(3) are located on a single campus owned by a
municipality with a population of more than 750,000 [600,000] and
less than 850,000 [700,000].
SECTION 114. Sections 11.1825(s) and (v), Tax Code, are
amended to read as follows:
(s) Unless otherwise provided by the governing body of a
taxing unit any part of which is located in a county with a
population of at least 1.8 [1.4] million under Subsection (x), for
property described by Subsection (f)(1), the amount of the
exemption under this section from taxation is 50 percent of the
appraised value of the property.
(v) Notwithstanding any other provision of this section, an
organization may not receive an exemption from taxation of property
described by Subsection (f)(1) by a taxing unit any part of which is
located in a county with a population of at least 1.8 [1.4] million
unless the exemption is approved by the governing body of the taxing
unit in the manner provided by law for official action.
SECTION 115. Section 31.03(d), Tax Code, is amended to read
as follows:
(d) This subsection applies only to a taxing unit located in
a county having a population of not less than 285,000 and not
[250,000 or] more than 300,000 that borders a county having a
population of 3.3 million or more and the Gulf of Mexico. The
governing body of a taxing unit that has its taxes collected by
another taxing unit that has adopted the split-payment option under
Subsection (a) may provide, in the manner required by law for
official action by the body, that the split-payment option does not
apply to the taxing unit's taxes collected by the other taxing unit.
SECTION 116. Section 311.0091(a), Tax Code, is amended to
read as follows:
(a) This section applies to a reinvestment zone designated
by a municipality which is wholly or partially located in a county
with a population of less than 1.8 [1.4] million in which the
principal municipality has a population of 1.1 million or more.
SECTION 117. Section 311.013(m), Tax Code, is amended to
read as follows:
(m) The governing body of a municipality that is located in
a county with a population of more than 1.8 [1.4] million but less
than 1.9 [2.1] million or in a county with a population of 3.3
million or more by ordinance may reduce the portion of the tax
increment produced by the municipality that the municipality is
required to pay into the tax increment fund for the zone. The
municipality may not reduce under this subsection the portion of
the tax increment produced by the municipality that the
municipality is required to pay into the tax increment fund for the
zone unless the municipality provides each county that has entered
into an agreement with the municipality to pay all or a portion of
the county's tax increment into the fund an opportunity to enter
into an agreement with the municipality to reduce the portion of the
tax increment produced by the county that the county is required to
pay into the tax increment fund for the zone by the same proportion
that the portion of the municipality's tax increment that the
municipality is required to pay into the fund is reduced. The
portion of the tax increment produced by a municipality that the
municipality is required to pay into the tax increment fund for a
reinvestment zone, as reduced by the ordinance adopted under this
subsection, together with all other revenues required to be paid
into the fund, must be sufficient to complete and pay for the
estimated costs of projects listed in the reinvestment zone
financing plan and pay any tax increment bonds or notes issued for
the zone, and any other obligations of the zone.
SECTION 118. Section 311.017(a-1), Tax Code, as added by
Chapter 137 (S.B. 1105), Acts of the 81st Legislature, Regular
Session, 2009, is amended to read as follows:
(a-1) This subsection applies only to a reinvestment zone
created by a municipality that has a population of more than 220,000
but less than 235,000 [195,000 or more] and is the county seat of a
county that has a population of 280,000 [245,000] or less.
Notwithstanding Subsection (a)(1), a municipality by ordinance
adopted subsequent to the ordinance adopted by the municipality
creating a reinvestment zone may designate a termination date for
the zone that is later than the termination date designated in the
ordinance creating the zone but not later than the 20th anniversary
of that date. If a municipality adopts an ordinance extending the
termination date for a reinvestment zone as authorized by this
subsection, the zone terminates on the earlier of:
(1) the termination date designated in the ordinance;
or
(2) the date provided by Subsection (a)(2).
SECTION 119. Section 325.021(a), Tax Code, is amended to
read as follows:
(a) A county having a population of 55,000 [48,000] or less
that borders the Rio Grande containing a municipality with a
population of more than 22,000 may adopt or abolish the sales and
use tax authorized by this chapter at an election held in the
county.
SECTION 120. Section 351.101(a), Tax Code, as amended by
Chapters 402 (H.B. 1789), 1220 (S.B. 1247), and 1322 (H.B. 3098),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(a) Revenue from the municipal hotel occupancy tax may be
used only to promote tourism and the convention and hotel industry,
and that use is limited to the following:
(1) the acquisition of sites for and the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of convention center facilities or visitor information
centers, or both;
(2) the furnishing of facilities, personnel, and
materials for the registration of convention delegates or
registrants;
(3) advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates
or registrants to the municipality or its vicinity;
(4) the encouragement, promotion, improvement, and
application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording,
and other arts related to the presentation, performance, execution,
and exhibition of these major art forms;
(5) historical restoration and preservation projects
or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention
center facilities or visitor information centers; or
(B) located elsewhere in the municipality or its
vicinity that would be frequented by tourists and convention
delegates;
(6) for a municipality located in a county with a
population of one million or less, expenses, including promotion
expenses, directly related to a sporting event in which the
majority of participants are tourists who substantially increase
economic activity at hotels and motels within the municipality or
its vicinity;
(7) subject to Section 351.1076, the promotion of
tourism by the enhancement and upgrading of existing sports
facilities or fields, including facilities or fields for baseball,
softball, soccer, and flag football, if:
(A) the municipality owns the facilities or
fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or less;
(ii) has a population of at least 75,000
[65,000] but not more than 95,000 [70,000] and is located in a
county that has a population of [155,000 or] less than 200,000 but
more than 160,000;
(iii) has a population of at least 36,000
[34,000] but not more than 39,000 [36,000] and is located in a
county that has a population of 100,000 [90,000] or less that is not
adjacent to a county with a population of more than two million;
(iv) has a population of at least 13,000 but
less than 39,000 and is located in a county that has a population of
at least 200,000;
(v) has a population of at least 70,000
[65,000] but less than 90,000 [80,000] and no part of which is
located in a county with a population greater than 150,000; or
(vi) is located in a county that:
(a) is adjacent to the Texas-Mexico
border;
(b) has a population of at least
500,000; and
(c) does not have a municipality with
a population greater than 500,000; and
(C) the sports facilities and fields have been
used, in the preceding calendar year, a combined total of more than
10 times for district, state, regional, or national sports
tournaments; [and]
(8) for a municipality with a population of at least
70,000 [65,000] but less than 90,000 [80,000], no part of which is
located in a county with a population greater than 150,000, the
construction, improvement, enlarging, equipping, repairing,
operation, and maintenance of a coliseum or multiuse facility;
(9) [(8)] signage directing the public to sights and
attractions that are visited frequently by hotel guests in the
municipality; and
(10) [(8)] the construction of a recreational venue in
the immediate vicinity of area hotels, if:
(A) the municipality:
(i) is a general-law municipality;
(ii) has a population of not more than 900;
and
(iii) does not impose an ad valorem tax;
(B) not more than $100,000 of municipal hotel
occupancy tax revenue is used for the construction of the
recreational venue;
(C) a majority of the hotels in the municipality
request the municipality to construct the recreational venue;
(D) the recreational venue will be used primarily
by hotel guests; and
(E) the municipality will pay for maintenance of
the recreational venue from the municipality's general fund.
SECTION 121. Section 351.106(a), Tax Code, is amended to
read as follows:
(a) A municipality that has a population of 1.18 million or
more, is located predominantly in a county that has a total area of
less than 1,000 square miles, and that has adopted a
council-manager form of government shall use the amount of revenue
from the tax that is derived from the application of the tax at a
rate of more than four percent of the cost of a room as follows:
(1) no more than 55 percent to:
(A) constructing, improving, enlarging,
equipping, and repairing the municipality's convention center
complex; or
(B) pledging payment of revenue bonds and revenue
refunding bonds issued under Subchapter A, Chapter 1504, Government
Code, for the municipality's convention center complex; and
(2) at least 45 percent for the purposes provided by
Section 351.101(a)(3).
SECTION 122. Section 352.002(a), Tax Code, is amended to
read as follows:
(a) The commissioners courts of the following counties by
the adoption of an order or resolution may impose a tax on a person
who, under a lease, concession, permit, right of access, license,
contract, or agreement, pays for the use or possession or for the
right to the use or possession of a room that is in a hotel, costs $2
or more each day, and is ordinarily used for sleeping:
(1) a county that has a population of more than 3.3
million;
(2) a county that has a population of 90,000 or more,
borders the United Mexican States, and does not have three or more
cities that each have a population of more than 17,500;
(3) a county in which there is no municipality;
(4) a county in which there is located an Indian
reservation under the jurisdiction of the United States government;
(5) a county that has a population of 30,000 or less,
that has no more than one municipality with a population of less
than 2,500, and that borders two counties located wholly in the
Edwards Aquifer Authority established by Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993;
(6) a county that borders the Gulf of Mexico;
(7) a county that has a population of less than 5,000,
that borders the United Mexican States, and in which there is
located a major observatory;
(8) a county that has a population of 12,000 or less
and borders the Toledo Bend Reservoir;
(9) a county that has a population of less than 12,500
[12,000] and an area of less than 275 square miles;
(10) a county that has a population of 30,000 or less
and borders Possum Kingdom Lake;
(11) a county that borders the United Mexican States
and has a population of more than 300,000 and less than 800,000
[600,000];
(12) a county that has a population of 35,000 or more
and borders or contains a portion of Lake Fork Reservoir;
(13) a county that borders the United Mexican States
and in which there is located a national recreation area;
(14) a county that borders the United Mexican States
and in which there is located a national park of more than 400,000
acres;
(15) a county that has a population of 28,000 or less,
that has no more than four municipalities, and that is located
wholly in the Edwards Aquifer Authority established by Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993;
(16) a county that has a population of 25,000 or less,
whose territory is less than 750 square miles, and that has two
incorporated municipalities, each with a population of 800 or less,
located on the Frio River;
(17) a county that has a population of 34,000 or more
and borders Lake Buchanan;
(18) a county that has a population of more than 45,000
and less than 75,000, that borders the United Mexican States, and
that borders or contains a portion of Falcon Lake;
(19) a county with a population of 22,000 [21,000] or
less that borders the Neches River and in which there is located a
national preserve;
(20) a county that has a population of 28,000 [22,500]
or less and that borders or contains a portion of Lake Livingston;
(21) a county that has a population of less than 22,000
and in which the birthplace of a president of the United States is
located;
(22) a county that has a population of more than 15,000
but less than 20,000 and borders Lake Buchanan;
(23) a county with a population of less than 11,000
[10,000] that is bordered by the Sulphur River;
(24) a county that has a population of 16,000 or more
and borders the entire north shore of Lake Somerville;
(25) a county that has a population of 20,000 or less
and that is bordered by the Brazos and Navasota Rivers;
(26) a county that has a population of more than 15,000
and less than 25,000 and is located on the Trinity and Navasota
Rivers;
(27) a county that has a population of less than 15,000
and that is bordered by the Trinity and Navasota Rivers;
(28) a county that borders or contains a portion of the
Neches River, the Sabine River, and Sabine Lake; and
(29) a county that borders Whitney Lake.
SECTION 123. Section 22.053(a), Transportation Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
14,300 [15,000] to 14,500 [15,250] may issue time warrants to:
(1) condemn or purchase land to be used and maintained
as provided by Sections 22.011, 22.020, and 22.024; and
(2) improve and equip the land for the use provided by
Sections 22.011, 22.020, and 22.024.
SECTION 124. Section 284.002(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies only to a county that:
(1) has a population of 50,000 or more and borders the
Gulf of Mexico or a bay or inlet opening into the gulf;
(2) has a population of two [1.5] million or more;
(3) is adjacent to a county that has a population of
two [1.5] million or more; or
(4) borders the United Mexican States.
SECTION 125. Section 284.007(a), Transportation Code, is
amended to read as follows:
(a) A county with a population of more than 3.3 [2.4]
million operating under this chapter shall set and make a good faith
effort to meet or exceed goals for awarding contracts or
subcontracts associated with a project it operates, maintains, or
constructs to historically underutilized businesses.
SECTION 126. Section 362.055, Transportation Code, is
amended to read as follows:
Sec. 362.055. EXCEPTION. This subchapter does not apply
to:
(1) a county that has a population of more than two
[1.5] million;
(2) a local government corporation created under
Chapter 431 by a county that has a population of more than two [1.5]
million; or
(3) a regional tollway authority created under Chapter
366.
SECTION 127. Section 366.031(a), Transportation Code, is
amended to read as follows:
(a) Two or more counties, acting through their respective
commissioners courts, may by order passed by each commissioners
court create a regional tollway authority under this chapter if:
(1) one of the counties has a population of not less
than 300,000;
(2) the counties form a contiguous territory; and
(3) unless one of the counties has a population of two
[1.5] million or more, the commission approves the creation.
SECTION 128. Section 370.192, Transportation Code, is
amended to read as follows:
Sec. 370.192. PROPERTY OF RAPID TRANSIT AUTHORITIES. An
authority may not condemn or purchase real property of a rapid
transit authority operating pursuant to Chapter 451 that was
confirmed before July 1, 1985, and in which the principal
municipality has a population of less than 850,000 [750,000],
unless the authority has entered into a written agreement with the
rapid transit authority specifying the terms and conditions under
which the condemnation or the purchase of the real property will
take place.
SECTION 129. Section 394.061, Transportation Code, is
amended to read as follows:
Sec. 394.061. OFF-PREMISE PORTABLE SIGNS. (a) In a county
with a population of 3.3 [2.4] million or more, the commissioners
court of the county may:
(1) prohibit off-premise portable signs in the
unincorporated area of the county; or
(2) regulate the location, height, size, and anchoring
of, or any other matter relating to the use of, off-premise portable
signs in the unincorporated area.
(b) A regulation imposed by or adopted under this chapter
does not apply to an off-premise portable sign in the
unincorporated area of a county with a population of 3.3 [2.4]
million or more.
SECTION 130. Section 394.063(a), Transportation Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
more than 3.3 [2.4] million or of a county that borders a county
with that population may regulate, in the unincorporated area of
the county, the location, height, size, and anchoring of on-premise
signs.
SECTION 131. Section 394.086(a), Transportation Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
more than 3.3 [2.4] million or of a county that borders a county
with that population may authorize a county employee to issue a
civil citation to enforce a regulation of the commissioners court
adopted under Section 394.063. The commissioners court may
designate the county employee as a county inspector.
SECTION 132. Section 431.109(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to a local government
corporation serving a county with a population of more than 3.3
[2.4] million.
SECTION 133. Sections 451.001(1) and (8), Transportation
Code, are amended to read as follows:
(1) "Alternate municipality" means a municipality
that:
(A) has a population of more than 60,000;
(B) is located in a metropolitan area the
principal municipality of which has a population of more than 1.9
[1.2] million; and
(C) is not part of the territory of another
authority.
(8) "Transit authority system" means property:
(A) owned, rented, leased, controlled, operated,
or held for mass transit purposes by an authority; and
(B) situated on property of the authority for
mass transit purposes, including:
(i) for an authority created before 1980 in
which the principal municipality has a population of less than 1.9
[1.2] million, public parking areas and facilities; and
(ii) for an authority in which the
principal municipality has a population of more than 1.9 [1.5]
million, the area in boundaries in which service is provided or
supported by a general sales and use tax.
SECTION 134. Section 451.054(b), Transportation Code, is
amended to read as follows:
(b) An authority created by an alternate municipality has
the powers and duties of an authority in which the principal
municipality has a population of more than 1.9 [1.2] million.
SECTION 135. Section 451.056(c), Transportation Code, is
amended to read as follows:
(c) An authority created by an alternate municipality and an
authority in which the principal municipality has a population of
more than 1.9 [1.2] million may contract for service outside each of
their respective territories to provide access between the two
authorities.
SECTION 136. Sections 451.061(d) and (d-1), Transportation
Code, are amended to read as follows:
(d) Except as provided by Subsection (d-1), the fares,
tolls, charges, rents, and other compensation established by an
authority in which the principal municipality has a population of
less than 1.9 [1.2] million may not take effect until approved by a
majority vote of a committee composed of:
(1) five members of the governing body of the
principal municipality, selected by that governing body;
(2) three members of the commissioners court of the
county having the largest portion of the incorporated territory of
the principal municipality, selected by that commissioners court;
and
(3) three mayors of municipalities, other than the
principal municipality, located in the authority, selected by:
(A) the mayors of all the municipalities, except
the principal municipality, located in the authority; or
(B) the mayor of the most populous municipality,
other than the principal municipality, in the case of an authority
in which the principal municipality has a population of less than
320,000 [300,000].
(d-1) The establishment of or a change to fares, tolls,
charges, rents, and other compensation by an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 850,000 [750,000], takes effect immediately
on approval by a majority vote of the board, except that the
establishment of or a change to a single-ride base fare takes effect
on the 60th day after the date the board approves the fare or change
to the fare, unless the policy board of the metropolitan planning
organization that serves the area of the authority disapproves the
fare or change to the fare by a majority vote.
SECTION 137. Section 451.0611(g), Transportation Code, is
amended to read as follows:
(g) An authority created before 1980 in which the principal
municipality has a population of less than 1.9 [1.2] million may
allow peace officers of another political subdivision serving under
a contract with the authority to enforce a resolution passed by a
board under this section.
SECTION 138. Section 451.0612(a), Transportation Code, is
amended to read as follows:
(a) An authority confirmed before July 1, 1985, in which the
principal municipality has a population of less than 850,000
[750,000] may employ persons to serve as fare enforcement officers
to enforce the payment of fares for use of the public transportation
system by:
(1) requesting and inspecting evidence showing
payment of the appropriate fare from a person using the public
transportation system; and
(2) issuing a citation to a person described by
Section 451.0611(d)(1).
SECTION 139. Section 451.064(a), Transportation Code, is
amended to read as follows:
(a) An authority created before 1980 in which the principal
municipality has a population of less than 1.9 [1.2] million may,
with the approval of the governing body of the principal
municipality:
(1) establish, operate, and improve a public parking
area or facility in the authority; and
(2) set and collect reasonable charges for the use of a
parking area or facility.
SECTION 140. Section 451.065(f), Transportation Code, is
amended to read as follows:
(f) This section does not apply to an authority created
before 1980 in which the principal municipality has a population of
less than 1.9 [1.2] million.
SECTION 141. Section 451.066(a), Transportation Code, is
amended to read as follows:
(a) An authority confirmed before 1980 in which the
principal municipality has a population of more than 1.9 [1.2]
million may not spend, during any five-year period, more than seven
percent of its revenue from sales and use taxes and interest income
during that period for all items described by Section 451.065(b).
SECTION 142. Section 451.067, Transportation Code, is
amended to read as follows:
Sec. 451.067. EMERGENCY MEDICAL SERVICES: CERTAIN
AUTHORITIES. An authority in which the principal municipality has
a population of less than 320,000 [300,000] may provide emergency
medical services.
SECTION 143. Section 451.068(a), Transportation Code, is
amended to read as follows:
(a) An authority confirmed before July 1, 1985, and in which
the principal municipality has a population of less than 850,000
[750,000] may, through the operation of a program, charge no fares.
SECTION 144. Section 451.071(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 850,000 [750,000].
SECTION 145. Section 451.072(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority in which the
principal municipality has a population of more than 1.9 [1.2]
million.
SECTION 146. Section 451.104, Transportation Code, is
amended to read as follows:
Sec. 451.104. INVESTMENT POWERS: CERTAIN AUTHORITIES. An
authority created before 1980 and in which the principal
municipality has a population of less than 1.9 [1.2] million has the
same investment powers as an entity under Subchapter A, Chapter
2256, Government Code.
SECTION 147. Section 451.106(a), Transportation Code, is
amended to read as follows:
(a) The board of an authority in which the principal
municipality has a population of less than 850,000 [750,000] or
more than 1.9 [1.2] million shall employ a general manager to
administer the daily operation of the authority. The general
manager may, subject to the annual operating budget and to the
personnel policies adopted by the board, employ persons to conduct
the affairs of the authority and prescribe their duties and
compensation.
SECTION 148. Sections 451.108(b), (c), (d), and (e),
Transportation Code, are amended to read as follows:
(b) An authority created before 1980 in which the principal
municipality has a population of less than 1.9 [1.2] million may
establish a security force, employ security personnel, and
commission security personnel as peace officers.
(c) A peace officer commissioned under this section, except
as provided by Subsections (d) and (e), or a peace officer
contracted for employment by an authority confirmed before July 1,
1985, in which the principal municipality has a population of less
than 850,000 [750,000], may:
(1) make an arrest in any county in which the transit
authority system is located as necessary to prevent or abate the
commission of an offense against the law of this state or a
political subdivision of this state if the offense or threatened
offense occurs on or involves the transit authority system;
(2) make an arrest for an offense involving injury or
detriment to the transit authority system;
(3) enforce traffic laws and investigate traffic
accidents that involve or occur in the transit authority system;
and
(4) provide emergency and public safety services to
the transit authority system or users of the transit authority
system.
(d) A peace officer who holds a commission under this
section from an authority in which the principal municipality has a
population of more than 1.9 [1.5] million and who has filed with the
authority the oath of a peace officer has all the powers,
privileges, and immunities of peace officers in the counties in
which the transit authority system is located, provides services,
or is supported by a general sales and use tax.
(e) A peace officer who holds a commission under this
section from an authority created before 1980 in which the
principal municipality has a population of less than 1.9 [1.2]
million and who has filed with the authority the oath of a peace
officer has all the powers, privileges, and immunities of peace
officers in the counties in which the transit authority system is
located, provides services, or is supported by a general sales and
use tax while the peace officer is on the transit authority system
property or performing duties in connection with the transit
authority system or its users.
SECTION 149. Section 451.109(d), Transportation Code, is
amended to read as follows:
(d) This section does not apply to an authority in which the
principal municipality has a population of 850,000 [750,000] or
more but not more than 1.9 [1.2] million.
SECTION 150. Section 451.112, Transportation Code, is
amended to read as follows:
Sec. 451.112. CONFLICTS OF INTEREST: BOARD MEMBERS.
Chapter 171, Local Government Code, applies to a board member of an
authority, except that an authority created before 1980 in which
the principal municipality has a population of less than 1.9 [1.2]
million may not enter into a contract or agreement with a business
entity in which a board member or the general manager owns five
percent or more of the voting stock or shares of the entity or
receives funds from the entity exceeding five percent of the
member's or general manager's gross income. A contract executed by
an authority in violation of this section is voidable.
SECTION 151. Section 451.154(b), Transportation Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a), an authority created
before 1980 in which the principal municipality has a population of
less than 1.9 [1.2] million may acquire, including through the use
of eminent domain, an interest in real property for facilities if
the property:
(1) is 2,500 feet or less from the center point of the
station or terminal complex; or
(2) is included in a master development plan adopted
by the board.
SECTION 152. Section 451.202, Transportation Code, is
amended to read as follows:
Sec. 451.202. APPLICATION OF SUBCHAPTER LIMITED TO CERTAIN
AUTHORITIES. This subchapter applies only to an authority created
before 1980 in which the principal municipality has a population of
less than 1.9 [1.2] million.
SECTION 153. Section 451.252(b), Transportation Code, is
amended to read as follows:
(b) This section does not apply to an authority created
before 1980 in which the principal municipality has a population of
less than 1.9 [1.2] million.
SECTION 154. Section 451.254(c), Transportation Code, is
amended to read as follows:
(c) This section does not apply to an authority created
before 1980 in which the principal municipality has a population of
less than 1.9 [1.2] million.
SECTION 155. Section 451.362(d), Transportation Code, is
amended to read as follows:
(d) In an authority created before 1980 in which the
principal municipality has a population of less than 1.9 [1.2]
million, bonds may have a term of not more than 10 years. The bonds
are payable only from fee revenue received on or after the date the
bonds are issued.
SECTION 156. Section 451.3625(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 850,000 [750,000].
SECTION 157. Section 451.452(d), Transportation Code, is
amended to read as follows:
(d) This section applies only to an authority in which the
principal municipality has a population of more than 1.9 [1.2]
million or less than 850,000 [750,000], except that Subsections
(a)(5) and (6) do not apply to an authority in which the principal
municipality has a population of more than 1.9 [1.2] million.
SECTION 158. Section 451.454(a), Transportation Code, is
amended to read as follows:
(a) The board of an authority in which the principal
municipality has a population of more than 1.9 [1.2] million or less
than 850,000 [750,000] shall contract at least once every four
years for a performance audit of the authority to be conducted by a
firm that has experience in reviewing the performance of transit
agencies.
SECTION 159. Section 451.458(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 850,000 [750,000].
SECTION 160. Section 451.459(a), Transportation Code, is
amended to read as follows:
(a) An authority confirmed before July 1, 1985, in which the
principal municipality has a population of less than 850,000
[750,000] is subject to review under Chapter 325, Government Code
(Texas Sunset Act), as if it were a state agency but may not be
abolished under that chapter. The review shall be conducted as if
the authority were scheduled to be abolished September 1, 2011. In
addition, another review shall be conducted as if the authority
were scheduled to be abolished September 1, 2017. The reviews
conducted under this section must include an assessment of the
governance, management, and operating structure of the authority
and the authority's compliance with the duties and requirements
placed on it by the legislature.
SECTION 161. Section 451.460(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 850,000 [750,000].
SECTION 162. Section 451.502(a), Transportation Code, is
amended to read as follows:
(a) The five board members under Section 451.501(a)(1) are
appointed by the governing body of the principal municipality,
except in an authority having a principal municipality with a
population of more than 1.9 [1.2] million, the five board members
are appointed by the mayor of the principal municipality and are
subject to confirmation by the governing body of the principal
municipality.
SECTION 163. Section 451.5021(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to the board of an authority
created before July 1, 1985, in which the principal municipality
has a population of less than 850,000 [750,000].
SECTION 164. Section 451.5035(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to an authority in which the
principal municipality has a population of less than 320,000
[300,000].
SECTION 165. Section 451.505(b), Transportation Code, is
amended to read as follows:
(b) The terms of members of a board are staggered if the
authority was created before 1980 and has a principal municipality
with a population of less than 1.9 [1.2] million.
SECTION 166. Sections 451.506(b) and (c), Transportation
Code, are amended to read as follows:
(b) An individual may not serve more than eight years on the
same board and may not be appointed to a term for which service to
the completion of the term would exceed this limitation. This
subsection applies only to a board of an authority:
(1) in which the principal municipality has a
population of more than 1.9 [1.2] million or less than 320,000
[300,000]; or
(2) created before 1980 and in which the principal
municipality has a population of less than 1.9 [1.2] million.
(c) An individual may serve two terms as presiding officer
under Section 451.502(e)(3), in addition to any service on the
board before being appointed under that subsection. This
subsection does not apply to an individual serving on the board of
an authority described by Subsection (b) or an authority confirmed
before July 1, 1985, and in which the principal municipality has a
population of less than 850,000 [750,000].
SECTION 167. Section 451.509, Transportation Code, is
amended to read as follows:
Sec. 451.509. REMOVAL BY APPOINTING PERSON OR ENTITY. (a)
In an authority in which the principal municipality has a
population of less than 850,000 [750,000] and in which the
authority's sales and use tax is imposed at a rate of one percent, a
member of the board may be removed from office for any ground
described by Section 451.510 by a majority vote of the entity that
appointed the member.
(b) In an authority in which the principal municipality has
a population of less than 320,000 [300,000], a member of the board
may be removed for any ground described by Section 451.510 by the
entity that appointed the member. This subsection does not apply to
the removal of a member serving as the presiding officer appointed
by the board.
(c) In an authority in which the principal municipality has
a population of more than 850,000 [750,000], a member of the board
may be removed for any ground described by Section 451.510 by the
person or entity that appointed the member. If the person who
appointed the member is the mayor of the principal municipality,
the removal is by recommendation of the mayor and confirmation by
the municipality's governing body. If the member to be removed was
appointed by the mayor of the principal municipality, the statement
required by Section 451.511(a) shall be given by the mayor, and
confirmation of removal by the governing body of the municipality
is necessary.
(d) In an authority in which the principal municipality has
a population of less than 850,000 [750,000] or more than 1.9 [1.2]
million, a general manager who has knowledge that a potential
ground for removal applicable to a member of the authority's board
exists shall notify the presiding officer of the board of the
ground, and the presiding officer shall notify the person that
appointed the member against whom the potential ground applies of
the ground.
SECTION 168. Section 451.512(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), in an authority in
which the principal municipality has a population of less than
850,000 [750,000] or more than 1.9 [1.2] million, an action of the
board is not invalid because a ground for removal of a board member
exists.
SECTION 169. Section 451.513(a), Transportation Code, is
amended to read as follows:
(a) A board member of an authority that has a principal
municipality with a population of more than 850,000 [750,000] may
be removed, as provided by this section, on a petition for the
recall of the member submitted by the registered voters of the
authority. Recall of a member under this section is in addition to
any other method for removal under this subchapter.
SECTION 170. Section 451.602, Transportation Code, is
amended to read as follows:
Sec. 451.602. AUTHORITIES COVERED BY SUBCHAPTER. Except as
provided by Section 451.617, this subchapter applies only to an
authority in which the principal municipality has a population of
less than 850,000 [750,000] and that was confirmed before July 1,
1985.
SECTION 171. Section 451.617(a), Transportation Code, is
amended to read as follows:
(a) In an authority created before 1980 in which the
principal municipality has a population of less than 1.9 [1.2]
million, a unit of election, other than the principal municipality,
may withdraw from the authority, in addition to any other manner
provided by law, by a vote of a majority of the registered voters of
the unit of election voting at an election on the question of
withdrawing from the authority.
SECTION 172. Section 451.702(a), Transportation Code, is
amended to read as follows:
(a) The board of an authority in which the sales and use tax
is imposed at a rate of one-half of one percent and in which the
principal municipality has a population of more than 1.3 million
[700,000] may order an election to create an advanced
transportation district within the authority's boundaries and to
impose a sales and use tax for advanced transportation and mobility
enhancement under this subchapter. If approved at the election,
the rate of the sales and use tax for advanced transportation and
mobility enhancement shall be set by the governing body of the
district at a rate of:
(1) one-eighth of one percent;
(2) one-fourth of one percent;
(3) three-eighths of one percent; or
(4) one-half of one percent.
SECTION 173. Section 451.802, Transportation Code, is
amended to read as follows:
Sec. 451.802. APPLICABILITY. This subchapter applies only
to an authority in which the principal municipality has a
population of more than 1.9 [1.2] million.
SECTION 174. Section 504.510(d), Transportation Code, is
amended to read as follows:
(d) This section applies only to an owner of a golf cart who
resides:
(1) on real property that is owned or under the control
of the United States Corps of Engineers and is required by that
agency to register the owner's golf cart under this chapter; and
(2) in a county that borders another state and has a
population of more than 120,750 [110,000] but less than 121,000
[111,000].
SECTION 175. Section 621.4015(a), Transportation Code, is
amended to read as follows:
(a) A county commissioners court may designate a constable
or deputy constable of the county as a weight enforcement officer in
a county:
(1) that is a county with a population of 1.5 [one]
million or more and is within 200 miles of an international border;
or
(2) that is adjacent to a county with a population of
3.3 million or more; and
(3) in which a planned community is located that has
20,000 or more acres of land, that was originally established under
the Urban Growth and New Community Development Act of 1970 (42
U.S.C. Section 4501 et seq.), and that is subject to restrictive
covenants containing ad valorem or annual variable budget based
assessments on real property.
SECTION 176. Section 644.101(b), Transportation Code, is
amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 [2.4] million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States; or
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
Mexico; and
(B) in a county adjacent to a county with a
population greater than 3.3 million.
SECTION 177. Section 644.202(b), Transportation Code, is
amended to read as follows:
(b) A municipality with a population of more than 850,000
[750,000] shall develop a route for commercial motor vehicles
carrying hazardous materials on a road or highway in the
municipality and submit the route to the Texas Department of
Transportation for approval. If the Texas Department of
Transportation determines that the route complies with all
applicable federal and state regulations regarding the
transportation of hazardous materials, the Texas Department of
Transportation shall approve the route and notify the municipality
of the approved route.
SECTION 178. Section 683.016(d), Transportation Code, is
amended to read as follows:
(d) This section does not apply to a vehicle that is:
(1) taken into custody by a law enforcement agency
located in a county with a population of 3.3 [2.4] million or more;
and
(2) removed to a privately owned storage facility.
SECTION 179. Section 37.102(a), Utilities Code, is amended
to read as follows:
(a) If a municipal corporation offers retail electric
utility service in a municipality having a population of more than
145,000 [135,000] that is located in a county having a population of
more than 2 million [1,500,000], the commission shall singly
certificate areas in the municipality's boundaries in which more
than one electric utility provides electric utility service.
SECTION 180. Section 13.187(f), Water Code, is amended to
read as follows:
(f) The regulatory authority may set the matter for hearing
on its own motion at any time within 120 days after the effective
date of the rate change. If more than half of the ratepayers of the
utility receive service in a county with a population of more than
3.3 [2.5] million, the hearing must be held at a location in that
county.
SECTION 181. Section 36.121, Water Code, is amended to read
as follows:
Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
36.117, a district that is created under this chapter on or after
September 1, 1991, shall exempt from regulation under this chapter
a well and any water produced or to be produced by a well that is
located in a county that has a population of 14,000 or less if the
water is to be used solely to supply a municipality that has a
population of 121,000 or less but greater than 100,000 and the
rights to the water produced from the well are owned by a political
subdivision that is not a municipality, or by a municipality that
has a population of 115,000 [100,000] or less
but greater than
100,000, and that purchased, owned, or held rights to the water
before the date on which the district was created, regardless of the
date the well is drilled or the water is produced. The district may
not prohibit the political subdivision or municipality from
transporting produced water inside or outside the district's
boundaries.
SECTION 182. Section 51.537(a), Water Code, is amended to
read as follows:
(a) This section applies only to a municipality any portion
of which is located in a county with a population of more than 1
million [800,000] and less than 1.5 [1.3] million.
SECTION 183. Section 54.016(h), Water Code, is amended to
read as follows:
(h) A city, other than a city with a population of more than
one million that is located primarily in a county with a population
of two million or more, [with a population of 1.18 million or less]
may provide in its written consent for the inclusion of land in a
district that after annexation the city may set rates for water
and/or sewer services for property that was within the territorial
boundary of such district at the time of annexation, which rates may
vary from those for other properties within the city for the purpose
of wholly or partially compensating the city for the assumption of
obligation under this code providing that:
(1) such written consent contains a contract entered
into by the city and the persons petitioning for creation of the
district setting forth the time and/or the conditions of annexation
by the city which annexation shall not occur prior to the
installation of 90 percent of the facilities for which district
bonds were authorized in the written consent; and that
(2) the contract sets forth the basis on which rates
are to be charged for water and/or sewer services following
annexation and the length of time they may vary from those rates
charged elsewhere in the city; and that
(3) the contract may set forth the time, conditions,
or lands to be annexed by the district; and that
(4)(A) Each purchaser of land within a district which
has entered into a contract with a city concerning water and/or
sewer rates as set forth herein shall be furnished by the seller at
or prior to the final closing of the sale and purchase with a
separate written notice, executed and acknowledged by the seller,
which shall contain the following information:
(i) the basis on which the monthly water
and/or sewer rate is to be charged under the contract stated as a
percentage of the water and/or sewer rates of the city;
(ii) the length of time such rates will be
in effect;
(iii) the time and/or conditions of
annexation by the city implementing such rates.
The provisions of Sections 49.452(g)-(p) and (s), Water Code,
are herein incorporated by reference thereto, and are applicable to
the separate written notice required by Section 54.016(h)(4).
A suit for damages under the provisions of these referenced
sections must be brought within 90 days after the purchaser
receives his or her first water and/or sewer service charge
following annexation, or the purchaser loses his or her right to
seek damages under this referenced section.
(B) The governing board of any district covered
by the provisions of this subsection shall file with the county
clerk in each of the counties in which all or part of the district is
located a duly affirmed and acknowledged statement which includes
the information required in Section 54.016(h)(4)(A) and a complete
and accurate map or plat showing the boundaries of the district.
The provisions of Sections 49.455(c)-(j), Water Code, are
herein incorporated by reference thereto.
SECTION 184. Section 54.0162(a), Water Code, is amended to
read as follows:
(a) A municipal utility district composed of noncontiguous
areas that on January 1, 1995, are contained in the
extraterritorial jurisdiction of two municipalities may choose, by
a resolution of the governing body of the district, to be wholly
contained in the extraterritorial jurisdiction of one municipality
selected by the governing body of the district if:
(1) both the municipality selected by the district and
all parts of the district are located in the same county;
(2) a majority of the area of the municipality not
selected by the district is in a county other than the county in
which the district is located, and neither county has a population
greater than 3.3 million [2,500,000, according to the last
preceding federal census];
(3) the boundary of the municipality selected by the
district is located not more than two miles from any part of the
district;
(4) the noncontiguous areas of the district are not,
at their closest point, more than two miles apart;
(5) the district is within a water control and
improvement district; and
(6) a certified copy of the resolution of the
governing body of the district is filed with both municipalities
before the effective date specified in the resolution.
SECTION 185. Section 54.813(a), Water Code, is amended to
read as follows:
(a) This section applies only to a municipality any portion
of which is located in a county with a population of more than 1
million [800,000] and less than 1.5 [1.3] million.
SECTION 186. Section 1, Chapter 511 (H.B. 589), Acts of the
58th Legislature, Regular Session, 1963 (Article 2676a, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. From and after the effective date of this act in any
county in this state having a population of not less than 312,000
[239,000] and not more than 330,000 [242,000], the general
management and control of the public free schools and high schools
in each county unless otherwise provided by law shall be vested in
five (5) county school trustees elected from the county, one of whom
shall be elected from the county at large by the qualified voters of
the county and one from each commissioners precinct by the
qualified voters of each commissioners precinct, who shall hold
office for a term of two (2) years. The time for such election shall
be the first Saturday in April of each year; the order for the
election of county school trustees to be made by the County Judge at
least thirty (30) days prior to the date of said election, and which
order shall designate as voting places or places at which votes are
cast for the district trustees of said common and independent
school districts, respectively. The election officers appointed to
hold the election for district trustees in each of said school
districts, respectively, shall hold this election for county school
trustees.
SECTION 187. Section 1, Chapter 233 (H.B. 459), Acts of the
59th Legislature, Regular Session, 1965 (Article 2676b, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. This Act applies to a county-wide school district in
a county having a population of more than 5,250 [5,200] and less
than 5,350 [5,283]. The Board of Trustees may order that the
trustees of the district shall run at large in the county. If the
Board orders that its members shall run at large, each position
shall be filled by election from the county at large upon expiration
of the current term of office.
SECTION 188. Section 1(b), Chapter 63 (S.B. 100), Acts of
the 57th Legislature, 3rd Called Session, 1962 (Article 2688h,
Vernon's Texas Civil Statutes), is amended to read as follows:
(b) From and after May 1, 1962, the office of the county
board of school trustees and the office of county superintendent
shall cease to exist in any county in this State having a population
of not less than 285,000 [250,000] and not more than 300,000
[251,000] which has no common school district and whose county ad
valorem evaluation is in excess of Two Hundred Fifty Million
Dollars ($250,000,000); provided, however, that the county
superintendents in such counties who have been heretofore elected
or appointed to the office of county superintendent shall serve
until the expiration of the term for which they were elected or
appointed. The duties now performed by the board of school trustees
and county superintendents in such counties shall be performed by
the County Judges of such counties.
SECTION 189. Sections 5 and 6, Chapter 706 (H.B. 1015), Acts
of the 59th Legislature, Regular Session, 1965 (Article 2688i-1,
Vernon's Texas Civil Statutes), are amended to read as follows:
Sec. 5. The provisions of this Act shall not apply to
counties having a population of not less than 5,250 [5,200] and not
more than 5,350 [5,283] and to counties having a population of not
less than 54,000 [47,150] and not more than 54,500 [47,350].
Sec. 6. No county having a population of more than 30,000
[32,350] and less than 32,000 [32,400] shall have the offices of
county school superintendent, ex officio county school
superintendent, and county board of education.
All duties and functions, except as hereafter provided, that
are otherwise required by law of the office of county school
superintendent or ex officio county school superintendent governed
by this section shall be performed by the superintendents of the
independent and rural high school districts, and all duties that
may otherwise be required by law of the county board of education
governed by this section shall be performed by the elected Board of
Trustees of such independent and rural high school districts,
except that the County Judge shall, without pay from the State of
Texas, continue to approve or disapprove application for school
transfers. The Commissioners Court of such county shall hereafter
receive, hear and pass upon all petitions for the calling of
elections for the creation, change or abolishment of county school
districts and all authorized appeals from the independent school
Board of Trustees shall be made directly to the State Board of
Education or to the courts as provided by law.
All school records of the original independent and/or common
school district governed by this section, shall be transferred to
the control and custody of the independent school district office,
located at the county seat, save and except the original financial
records which shall be retained by the county treasurer, and
thereafter the County Judge shall be required to make no records or
reports but said reports shall be made by the superintendent of such
independent or rural school district; that as soon as practicable
after the effective date of this Act, all remaining State funds in
the hands of the county board of education shall be transferred by
the county treasurer and the County Judge to the independent and
rural high school districts in proportion to the number of
scholastics enrolled in such districts.
SECTION 190. Section 2.01(13), Article 6243a-1, Revised
Statutes, is amended to read as follows:
(13) "City" means each municipality having a
population of more than 1.18 million and located predominantly in a
county that has a total area of less than 1,000 square miles [less
than 1.9 million].
SECTION 191. Section 1(a), Chapter 101 (H.B. 31), Acts of
the 43rd Legislature, 1st Called Session, 1933 (Article 6243b,
Vernon's Texas Civil Statutes), is amended to read as follows:
(a) In all incorporated cities and towns containing more
than 600,000 [550,000] inhabitants and less than 700,000 [600,000]
inhabitants, having a fully or partially paid fire department,
three (3) citizens of said city or town to be designated by the
mayor, two (2) citizens of said city or town to be designated by the
city manager of said city or town, three (3) policemen to be elected
by members of the policemen's pension fund, and three (3) firemen to
be elected by members of the firemen's pension fund, composing
eleven (11) members, seven (7) of which shall be a quorum, shall
constitute a board of trustees of the Firemen and Policemen Pension
Fund, to provide for the disbursement of the same and to designate
the beneficiaries thereof. The board shall be known as the Board
of Firemen and Policemen Pension Fund, __________, Texas. Said
board shall organize by choosing one member as Chairman and by
appointing a secretary. Such board shall have charge of and
administer said fund and shall order payments therefrom in
pursuance of the provisions of this law. It shall report annually
to the governing body of such city or town the condition of the said
fund and the receipts and disbursements on account of the same with
a complete list of beneficiaries of said fund and the amounts paid
them.
SECTION 192. Section 1.01, Chapter 183 (S.B. 598), Acts of
the 64th Legislature, Regular Session, 1975 (Article 6243e.1,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 1.01. APPLICABILITY. This Act applies only to a
municipality having a population of more than 750,000 [600,000] and
less than 850,000 [700,000].
SECTION 193. Section 1, Chapter 103 (S.B. 622), Acts of the
62nd Legislature, Regular Session, 1971 (Article 6243f-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. No member of a fire department in any city or town in
this state having a population of not less than 700,000 [500,000]
nor more than 750,000 [550,000] shall be involuntarily retired
prior to reaching the mandatory retirement age set for such cities'
employees unless he is physically unable to perform his duties. In
the event he is physically unable to perform his duties, he shall be
allowed to use all of his accumulated sick leave, before
retirement.
SECTION 194. Section 1, Chapter 451 (S.B. 737), Acts of the
72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. SCOPE. A retirement system is established by this
Act for employees of each municipality having a population of more
than 750,000 [600,000] and less than 850,000 [700,000]; provided,
however, that once such pension system becomes operative in any
city, any right or privilege accruing to any member thereunder
shall be a vested right according to the terms of this Act and the
same shall not be denied or abridged thereafter through any change
in population of any such city taking such city out of the
population bracket as herein prescribed, and said pension system
shall continue to operate and function regardless of whether or not
any future population exceeds or falls below said population
bracket.
SECTION 195. Section 1.01, Chapter 452 (S.B. 738), Acts of
the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 1.01. APPLICABILITY AND DEFINITIONS. This Act applies
only to a municipality having a population of more than 750,000
[600,000] and less than 850,000 [700,000].
SECTION 196. Section 1.03, Chapter 824 (S.B. 817), Acts of
the 73rd Legislature, Regular Session, 1993 (Article 6243o,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 1.03. APPLICABILITY. This Act applies to paid fire and
police departments of a municipality with a population between 1.3
[1.14] million and 1.5 [1.18] million.
SECTION 197. Section 1.03, Chapter 1332 (S.B. 1568), Acts
of the 75th Legislature, Regular Session, 1997 (Article 6243q,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 1.03. APPLICABILITY. This Act applies to a paid fire
and police department of a municipality with a population of 1.3
million [1,140,000] or more but less than 1.5 million [1,180,000].
SECTION 198. Section 1, Chapter 809 (H.B. 1687), Acts of the
62nd Legislature, Regular Session, 1971 (Article 6812b-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. The Commissioners Court of any county having a
population of not less than 425,000 [280,000] nor more than 500,000
[300,000] may appoint a County Engineer, but the selection shall be
controlled by considerations of skill and ability for the task. The
engineer may be selected at any regular meeting of the
commissioners court, or at any special meeting called for that
purpose. The engineer selected shall be a Registered Professional
Engineer in the State of Texas. The engineer shall hold his office
for a period of two years, his term of office expiring concurrently
with the terms of other county officers, and he may be removed at
the pleasure of the commissioners court. The engineer shall
receive a salary to be fixed by the commissioners court not to
exceed the amount of the salary paid to the highest county official,
to be paid out of the Road and Bridge Fund. The engineer, before
entering upon the discharge of his duties, shall take the oath of
office prescribed by law, and shall execute a bond in the sum of
$15,000 with a good and sufficient surety or sureties thereon,
payable to the county judge of the county and successors in office
in trust, for the use and the benefit of the Road and Bridge Fund, of
the county to be approved by the court, conditioned that such
engineer will faithfully and efficiently discharge and perform all
of the duties required of him by law and by the orders of said
commissioners court and shall faithfully and honestly and in due
time account for all of the money, property and materials placed in
his custody.
SECTION 199. Section 4.08(e), Chapter 1029, Acts of the
76th Legislature, Regular Session, 1999, is amended to read as
follows:
(e) The authority may not exercise the power of eminent
domain granted by Subsections (a) and (b) of this section to acquire
property of any kind in Galveston County [a county that:
[(1) has a population of more than 245,000;
[(2) borders the Gulf of Mexico; and
[(3) is adjacent to a county with a population of more
than 1.6 million].
SECTION 200. Section 4.17(f), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(f) The authority may not exercise the power of eminent
domain under this section to acquire property of any kind in
Galveston County [a county that:
[(1) has a population of more than 245,000;
[(2) borders on the Gulf of Mexico; and
[(3) is adjacent to a county with a population of more
than 1.6 million].
SECTION 201. (a) This Act is not intended to revive a law
that was impliedly repealed by a law enacted by the 81st Legislature
or a previous legislature.
(b) To the extent that a law enacted by the 82nd
Legislature, Regular Session, 2011, conflicts with this Act, the
other law prevails, regardless of the relative dates of enactment
or the relative effective dates.
SECTION 202. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2702 was passed by the House on May
11, 2011, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2702 on May 27, 2011, by the following vote: Yeas 140, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2702 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor