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Texas County Progress

Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

General Counsel’s Report: Legislative Changes With Immediate Effect

August 1, 2013 by Christi Stark

Bills approved by the Texas Legislature and the governor are normally effective 90 days after the session unless otherwise specified in the bill.  However, bills have immediate effect if they contain an Emergency Clause and received a two-thirds vote in each house.  Some bills with immediate effect may need the attention of Commissioners Court in the near future.  Some of these bills are described below.

 

H.B. 259   Simmons, Ron (R), Paxton, Ken (R)

Relating to the regulation of electioneering at a polling location.

Last Action: 6-14-13 effective date

Commissioners Court may no longer prohibit electioneering on county property where a polling place is located.  Reasonable regulations on time, place, and manner may be adopted by the Commissioners Court.  These regulations should be adopted before the early voting begins in 2014.

 

H.B. 714   Kuempel, John (R), Zaffirini, Judith (D)

Relating to an agreement between a county and the Department of Public Safety for the joint operation of certain fixed-site facilities.

Last Action: 6-14-13 effective date

Commissioners Court may contract with DPS for use of weight stations.  Clarifies ability of sheriff and constable to use DPS weight stations.

 

H.B. 1164    Thompson, Ed (R), Huffman, Joan (R)

Relating to the territory that may be included in a single county election precinct.

Last Action:    5-24-13 effective date

Removes the Election Code requirement for separate county election precincts for each city ward in a city with population over 10,000.  Allows Commissioners Court to reduce the number of election precincts by combining city wards in one election precinct.

 

H.B. 1384     Bell, Cecil (R), Hegar, Glenn(R)

Relating to the authority of a county road department to accept donations.

Last Action:    6-14-13 effective date

Authorizes Commissioners Court in counties with a unit road system to accept donations of labor, money or other property to build or maintain roads, same as precinct system counties.

 

H.B. 1607    Farney, Marsha (R), Nichols, Robert (R)

Relating to the authority of the Commissioners Court of a county to alter speed limits on county roads.

Last Action:    6-14-13 effective date

Allows Commissioners Court to establish a maximum speed limit of 70 mph on county road, instead of 60 mph.

 

H.B. 2612    Flynn, Dan (R), Deuell, Bob (R)

Relating to liability for damage to a county road.

Last Action:    6-14-13 effective date

Authorizes Commissioners Court to require trucks over 60,000 pounds to utilize a designated alternate route, but waives damages caused by movement on the alternate route.

 

S.B. 265    Huffman, Joan (R), Thompson, Senfronia (D)

Relating to bond requirements for county officers and employees.

Last Action:    5-18-13 effective date

Authorizes Commissioners Court to elect to self-insure, instead of requiring official surety bonds.

 

S.B. 382    Carona, John (R), Carter, Stefani (R)

Relating to the disbursement of county funds to a person owing delinquent property taxes.

Last Action:    6-14-13 effective date

Clarifies that county treasurer and county auditor may not make payments to person with delinquent property taxes after notice from tax assessor-collector.

 

S.B. 471 Ellis, Rodney (D), Harper-Brown, Linda (R)

Relating to technological efficiencies in the recording of certain open meetings.

Last Action:    5-18-13 effective date

Authorizes digital recordings of open meetings.

 

S.B. 552    Uresti, Carlos (D), Nevarez, Poncho (D)

Relating to an application filed with a Commissioners Court to revise a subdivision plat.

Last Action:    6-14-13 effective date

Simplifies plat revision notices and authorizes a county fee.

 

S.B. 634    Davis, Wendy (D), Collier, Nicole (D)

Relating to regulating faulty on-site sewage disposal systems in the unincorporated area of a county as a public nuisance.

Last Action:    6-14-13 effective date

Authorizes Commissioners Court to correct leaking OSSF and charge the landowner.

 

S.B. 872    Deuell, Bob (R), Coleman, Garnet (D)

Relating to county expenditures for certain health care services.

Last Action:    6-14-13 effective date

Authorizes Commissioners Court to include up to 4 percent of GRTL for Intergovernmental Transfers for Medicaid 1115 Waiver projects in IHC expenditures if certain conditions are met.

 

S.B. 1400    Estes, Craig (R), Geren, Charlie (R)

Relating to the municipal and county regulation of air guns.

Last Action:    6-14-13 effective date

Prohibits county regulation of pellet, BB and paintball guns except in subdivisions with lots of 10 acres or less.

 

S.B. 1411    Deuell, Bob (R), Gooden, Lance (R)

Relating to regulation of traffic in a conservation and reclamation district by a Commissioners Court.

Last Action:    6-14-13 effective date

Authorizes Commissioners Court to contract with special districts to enforce traffic regulations on roads with the district.

 

S.B. 1729    Nichols, Robert (R), King, Ken (R)

Relating to an agreement between the Department of Public Safety and a county clerk or county assessor-collector for the provision of renewal and duplicate driver’s license and other identification certificate services.

Last Action:    6-14-13 effective date

Authorizes eight pilot programs between DPS and Commissioners Court for county issuance of driver’s license renewal.

 

For more information, please call me at 1-800-733-0699.

Filed Under: From the General Counsel Tagged With: Jim Allison

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