Bill Text: TX SB710 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the organization of a municipal government as a Liberty City general-law municipality.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-04-27 - Left pending in committee [SB710 Detail]

Download: Texas-2015-SB710-Introduced.html

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84R5037 TJB-F
By: Burton S.B. No. 710

A BILL TO BE ENTITLED
AN ACT
relating to the organization of a municipal government as a Liberty
City general-law municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.005, Local Government Code, is amended
by amending Subdivision (1) and adding Subdivision (2-a) to read as
follows:
(1) "General-law municipality" means a municipality
designated by Chapter 5 as a Type A general-law municipality, Type B
general-law municipality, [or] Type C general-law municipality, or
Liberty City.
(2-a) "Liberty City" means a municipality designated by
Chapter 5 as a Liberty City general-law municipality.
SECTION 2. Subchapter A, Chapter 5, Local Government Code,
is amended by adding Section 5.006 to read as follows:
Sec. 5.006. LIBERTY CITY. A municipality is a Liberty City
general-law municipality if the municipality:
(1) has incorporated as or converted to a Liberty City
under Chapter 10; and
(2) has not converted to another type of municipality.
SECTION 3. Subtitle A, Title 2, Local Government Code, is
amended by adding Chapter 10 to read as follows:
CHAPTER 10. LIBERTY CITY
SUBCHAPTER A. INCORPORATION OF LIBERTY CITY
Sec. 10.001. AUTHORITY TO INCORPORATE AS LIBERTY CITY. (a)
A community may incorporate as a Liberty City if the community:
(1) constitutes an unincorporated city or town;
(2) contains 200 or more inhabitants; and
(3) meets the territorial requirements prescribed by
Section 5.901.
(b) Notwithstanding Section 42.041, a community located
wholly or partly in the extraterritorial jurisdiction of a
municipality may incorporate as a Liberty City in that
extraterritorial jurisdiction if:
(1) the residents of the community submit with the
application for incorporation a petition consenting to the
incorporation signed by a number of registered voters of the
municipality equal to or greater than 25 percent of the number of
voters who voted in the most recent municipal election; and
(2) the procedural requirements prescribed by
Subchapter A, Chapter 8, and Section 10.002 are satisfied.
Sec. 10.002. INCORPORATION PROCEDURES. (a) Except as
provided by this section, the procedures for incorporating as a
Liberty City are the same as those prescribed for incorporating as a
Type C general-law municipality.
(b) In addition to the requirements prescribed by
Subchapter A, Chapter 8, a petition to incorporate as a Liberty City
must:
(1) state whether the municipality will operate under
an aldermanic or commission form of government;
(2) state the number of members, including the mayor,
who will comprise the governing body of the municipality; and
(3) include the petition consenting to incorporation
described by Section 10.001(b)(1) if the community is incorporating
in the extraterritorial jurisdiction of a municipality.
SUBCHAPTER B. CONVERSION FROM ANOTHER MUNICIPAL TYPE TO LIBERTY
CITY
Sec. 10.021. AUTHORITY TO CONVERT TO LIBERTY CITY. A Type
A, Type B, or Type C general-law municipality containing 200 or more
residents may convert to a Liberty City.
Sec. 10.022. RESOLUTION OR PETITION REQUESTING CONVERSION.
(a) The majority of the governing body of a municipality by
resolution may request the mayor to order an election to determine
whether the municipality will convert to a Liberty City.
(b) The residents of a municipality may request the mayor to
order an election to determine whether the municipality will
convert to a Liberty City by filing with the mayor a written
petition requesting the election signed by a number of registered
voters of the municipality equal to or greater than 25 percent of
the number of voters who voted in the most recent municipal
election.
(c) A resolution or petition described by this section must
state:
(1) whether the municipality, if converted, will
operate under an aldermanic or commission form of government; and
(2) the number of members, including the mayor, who
will comprise the governing body of the municipality, if converted.
(d) On receipt of a petition under this section, the mayor
shall determine whether the petition meets the requirements of
Subsections (b) and (c).
Sec. 10.023. ELECTION TO CONVERT. The mayor of a
municipality shall order an election to determine whether the
municipality will convert to a Liberty City if:
(1) a resolution is adopted that meets the
requirements of Sections 10.022(a) and (c); or
(2) a petition is filed with and determined valid by
the mayor under Sections 10.022(b) and (d).
Sec. 10.024. ORDER OF CONVERSION. If the conversion is
approved by a vote of a majority of the qualified voters of the
municipality voting at an election ordered under this subchapter,
the mayor shall enter an order in the minutes of the governing body
of the municipality that the municipality is converted to a Liberty
City. The conversion is effective on the date the order is entered.
SUBCHAPTER C. BILL OF RIGHTS
Sec. 10.041. BILL OF RIGHTS. A Liberty City is bound by the
following bill of rights on the date the municipality is
incorporated as or converted to a Liberty City:
BILL OF RIGHTS OF A LIBERTY CITY
Article 1. The residents and governing body of a Liberty City
recognize the fundamental natural rights of the people as protected
and preserved by the United States Constitution and the Texas
Constitution. The governing body of this Liberty City shall not
enact an ordinance, resolution, or similar measure, or take any
action, that infringes on the basic absolute and essential rights
of the people.
Article 2. The right of the people to bear arms shall not be
infringed.
Article 3. The right of the people to freedom of speech,
including political and nonpolitical expression, and of assembly
shall not be infringed.
Article 4. The right of the people to practice the faith of
their choosing and to worship in both public and private places
shall not be infringed.
Article 5. The right of the people to be secure in their
persons and their property from unreasonable searches, including
the collection of data, surveillance, and forceful search methods,
conducted by an officer of the municipality without warrant, shall
not be infringed.
Article 6. The rule of lenity is to be enforced in all
applicable municipal proceedings.
SECTION 4. Subtitle B, Title 2, Local Government Code, is
amended by adding Chapter 27 to read as follows:
CHAPTER 27. FORM OF GOVERNMENT IN LIBERTY CITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 27.001. CHAPTER APPLICABLE TO LIBERTY CITY. This
chapter applies only to a Liberty City.
SUBCHAPTER B. FORM OF GOVERNMENT
Sec. 27.011. FORM OF GOVERNMENT. The municipality operates
under the aldermanic or commission form of government, as
determined by the voters when the municipality is incorporated as
or converted to a Liberty City.
SUBCHAPTER C. GOVERNING BODY
Sec. 27.021. GOVERNING BODY. The governing body of the
municipality is comprised of the mayor and the number of
commissioners or aldermen, as applicable, established at the
election to incorporate as or convert to a Liberty City.
Sec. 27.022. INITIAL ELECTION OF GOVERNING BODY. The
initial governing body of the municipality, including the mayor,
must be elected at the election to incorporate as or convert to a
Liberty City.
Sec. 27.023. TERM OF OFFICE. The mayor and members of the
governing body of the municipality serve for a term of two years
unless a longer term is established as authorized under Article XI,
Section 11, of the Texas Constitution.
Sec. 27.024. BOND. The mayor and members of the governing
body of the municipality must each execute a bond payable to the
municipality and conditioned that the officer will faithfully
perform the duties of the office.
SUBCHAPTER D. MUNICIPAL OFFICERS
Sec. 27.041. CREATION OF MUNICIPAL OFFICES. The governing
body of the municipality may:
(1) create additional offices of the municipality;
(2) determine the method for selecting officers; and
(3) prescribe the qualifications, duties, and tenure
of office for officers.
Sec. 27.042. BOND. The governing body of the municipality
may require a municipal officer to execute a bond payable to the
municipality and conditioned that the officer will faithfully
perform the duties of the office.
SECTION 5. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.037 to read as follows:
Sec. 43.037. AUTHORITY OF LIBERTY CITY TO ANNEX AREA. (a)
Notwithstanding any other law, a Liberty City may annex an area
under this chapter only if:
(1) the municipality holds an election in the
municipality, at which the qualified voters of the municipality may
vote on the question of the annexation, and a majority of the votes
received at the election approve the annexation; and
(2) one of the following conditions is met:
(A) the municipality holds an election in the
area proposed to be annexed, at which the qualified voters of the
area may vote on the question of the annexation, and a majority of
the votes received at the election approve the annexation;
(B) a majority of the registered voters of the
area proposed to be annexed petition the governing body of the
municipality, in writing, to annex the area; or
(C) no qualified voters reside in the area
proposed to be annexed.
(b) On the effective date of an annexation ordinance, the
area becomes a part of the municipality and a resident of the area
is entitled to the rights and privileges of a resident of the
municipality and is bound by the acts and ordinances adopted by the
municipality.
SECTION 6. Chapter 51, Local Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PROVISIONS APPLICABLE TO LIBERTY CITY
Sec. 51.091. SUBCHAPTER APPLICABLE TO LIBERTY CITY. This
subchapter applies only to a Liberty City.
Sec. 51.092. AUTHORITY, DUTIES, AND PRIVILEGES. The
municipality has the same authority, duties, and privileges as a
Type A general-law municipality that are not inconsistent with this
subchapter or another provision of law specifically governing a
Liberty City.
Sec. 51.093. AUTHORITY TO IMPOSE PROPERTY TAX. The
municipality may not impose a tax on real or personal property or
increase the rate of an adopted tax on real or personal property
unless the imposition or increase is approved by at least 60 percent
of the qualified voters of the municipality voting at an election
held for that purpose.
Sec. 51.094. AUTHORITY TO ISSUE PUBLIC DEBT; ELECTION. (a)
In this section, "debt obligation" means a public security, as
defined by Section 1201.002, Government Code.
(b) The municipality may not issue bonds, certificates of
obligation, or other debt obligations unless the issuance is
approved by a vote of a majority of the qualified voters of the
municipality voting at an election held for that purpose.
Sec. 51.095. PROHIBITION ON ADOPTION AND ENFORCEMENT OF
ZONING ORDINANCE OR COMPREHENSIVE PLAN. The municipality may not
adopt or enforce:
(1) a zoning ordinance or regulation; or
(2) a comprehensive plan that provides for the
long-range development of the municipality.
SECTION 7. Section 102.002, Local Government Code, is
amended to read as follows:
Sec. 102.002. ANNUAL BUDGET REQUIRED. The budget officer
shall prepare each year a municipal budget to cover the proposed
expenditures of the municipal government for the succeeding year.
A municipal budget prepared by the budget officer for a Liberty City
must be a zero-based budget.
SECTION 8. Section 102.003, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The budget officer shall itemize the budget to allow as
clear a comparison as practicable between expenditures included in
the proposed budget and actual expenditures for the same or similar
purposes made for the preceding year. The budget of a municipality
other than a Liberty City must show as definitely as possible each
of the projects for which expenditures are set up in the budget and
the estimated amount of money carried in the budget for each
project.
(c) The budget officer of a Liberty City shall prepare a
zero-based budget that contains:
(1) a description of the discrete activities the
municipality conducts or performs with:
(A) a justification for each activity by
reference to a statute, ordinance, or other legal authority; and
(B) an evaluation of the effectiveness and
efficiency of the municipality's policies, management, fiscal
affairs, and operations in relation to each activity;
(2) for each activity identified under Subdivision
(1), an itemized account of expenditures required to maintain the
activity at any minimum level of service required by statute,
ordinance, or other legal authority;
(3) for each activity identified under Subdivision
(1), an itemized account of expenditures required to maintain the
activity at the current level of service or performance; and
(4) recommendations to the governing body of the
municipality regarding whether the municipality should continue
funding each activity identified under Subdivision (1) and, if so,
at what level.
SECTION 9. Subtitle A, Title 4, Local Government Code, is
amended by adding Chapter 110 to read as follows:
CHAPTER 110. MISCELLANEOUS FINANCIAL PROVISIONS AFFECTING
MUNICIPALITIES
Sec. 110.001. LIBERTY CITY ANNUAL FINANCIAL REPORT; DEBT
INFORMATION. (a) In this section, "debt obligation" means an
issued public security, as defined by Section 1201.002, Government
Code.
(b) The governing body of a Liberty City shall prepare a
comprehensive annual financial report that includes:
(1) financial information for each fund subject to the
authority of the governing body of the municipality during the
fiscal year, including:
(A) the total receipts of the fund, itemized by
source of revenue, including taxes, assessments, service charges,
grants of state money, gifts, or other general sources from which
funds are derived;
(B) the total disbursements of the fund, itemized
by the nature of the expenditure;
(C) the balance in the fund as of the last day of
the fiscal year; and
(D) any other information required by law to be
included by the municipality in an annual financial report or
comparable annual financial statement, exhibit, or report; and
(2) then-current debt obligation information for the
municipality that must state:
(A) the principal of all outstanding debt
obligations;
(B) the principal of each outstanding debt
obligation;
(C) the combined principal and interest required
to pay all outstanding debt obligations on time and in full; and
(D) the combined principal and interest required
to pay each outstanding debt obligation on time and in full.
Sec. 110.002. LIBERTY CITY WEBSITE; TRANSPARENCY WEB PAGE.
(a) This section applies only to a Liberty City.
(b) The municipality shall maintain an Internet website.
(c) The municipality shall maintain on the municipality's
Internet website a web page dedicated to providing transparency to
the residents of the municipality of the activities of the
municipality. The municipality shall post the following municipal
information and documents on the web page as soon as the information
or document is available:
(1) the current contact information for each elected
municipal official;
(2) a link to another web page maintained by the
municipality allowing a person to submit an electronic request for
information under Chapter 552, Government Code;
(3) the notice, agenda, and minutes for each meeting
of the governing body of the municipality;
(4) the approved municipal budget and the information
required to be posted online by Section 102.008(a)(2);
(5) the comprehensive municipal annual financial
report;
(6) the annual audit of municipal records and
accounts;
(7) a statement of the budget and expenses for each
municipal department;
(8) the current municipal tax rates for all taxes
imposed by the municipality; and
(9) any other document or information that the
governing body of the municipality considers appropriate to be
posted on the web page.
(d) The municipality may not remove a document required to
be posted under Subsection (c) from the transparency web page until
the third anniversary of the date the document is posted.
(e) The requirements prescribed by this section are in
addition to any other requirement prescribed by law.
SECTION 10. Section 271.043(7), Local Government Code, is
amended to read as follows:
(7) "Issuer" means a municipality, county, or hospital
district established under Chapter 281, Health and Safety Code. The
term does not include a Liberty City.
SECTION 11. Chapter 1251, Government Code, is amended by
designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
1251.005, and 1251.006 as Subchapter A and adding a subchapter
heading to read as follows:
SUBCHAPTER A. BOND ELECTION REQUIREMENTS FOR COUNTIES AND
MUNICIPALITIES
SECTION 12. Chapter 1251, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. DEBT ELECTION BALLOTS FOR LIBERTY CITIES
Sec. 1251.051. DEFINITIONS. In this subchapter:
(1) "Liberty City" has the meaning assigned by Section
1.005, Local Government Code.
(2) "Public security" has the meaning assigned by
Section 1201.002.
Sec. 1251.052. CONTENTS OF BALLOT PROPOSITION. (a) The
proposition submitted for an election to authorize a Liberty City
to issue a public security must distinctly state:
(1) as a total amount and as a per capita amount:
(A) the then-current combined principal and
interest required to pay all outstanding public securities of the
municipality on time and in full; and
(B) the estimated combined principal and
interest required to pay the public security to be authorized on
time and in full; and
(2) if the public security is supported by property
taxes, the annual increase in property taxes attributable to the
public security to be issued that each homeowner of an
average-priced home within the municipality may be required to pay.
(b) The requirements for a proposition prescribed by this
section are in addition to any other requirements prescribed by
law. To the extent of a conflict between this section and Section
52.072, Election Code, this section controls.
SECTION 13. This Act takes effect September 1, 2015.