The following bills passed by the 79th Legislature will have a significant impact on Texas counties. The effective date for these bills or veto action by the governor is included.
HB57 Denny, Jackson, Mike – Relating to the dates on which elections may be held. This bill eliminates all election dates except May and November. (10.01.05)
HB129 Berman, Eltife – Relating to the authority to require a convicted person to perform manual labor for a nonprofit organization. At the request of the sheriff, commissioners court may approve inmate labor for a cemetery or ? 501 non-profit corporation. (6.18.05)
HB132 Hilderbran, Fraser – Relating to the rate of the county health services sales and use tax. A county having a population of 50,000 or less may adopt, increase, decrease, or abolish the sales and use tax authorized by this chapter at an election held in the county. (6.17.05)
HB182 Mowery, Janek – Relating to appeals to small claims courts of certain ad valorem tax determinations. Allows taxpayer to elect arbitration; no small claims court. (9.01.05)
HB282 Hope, Wentworth – Relating to the funding of alternative dispute resolution systems. Increases optional alternative dispute resolution system civil fee to $15 from $10. (9.01.05)
HB467 Bailey, Gallegos – Relating to the financing of water and sewer programs in disadvantaged areas in certain counties. Expands eligibility for state loans and grants. (9.01.05)
HB549 Phillips, Seliger – Relating to prohibiting the introduction of certain items in certain local jails. Prohibits cellular telephones, money or tobacco. (6.17.05)
HB571 Hegar, Janek – Relating to the establishment of auxiliary county facilities in the unincorporated areas of certain counties. Commissioners court may provide branch offices in unincorporated areas. (6.17.05)
HB580 Smith, Wayne, Gallegos – Relating to the authority of a county to provide hazardous materials services. County may charge for hazardous material cleanup. (9.01.05)
HB616 Callegari, Lindsay – Relating to liability of the state, a municipality, or a county for certain recreational activities. Limits liability on county recreational premises. Requires sign. (9.01.05)
HB639 Bailey, Barrientos – Relating to complaints against certain peace officers and fire fighters. Requires written complaints against peace officers and jailers. (9.01.05)
HB719 Jones, Jesse, West, Royce – Relating to publicizing a list of voters’ rights. Requires posting of notice at each polling place. (9.01.05)
HB731 Jackson, Jim, Madla – Relating to an electronic requisition system for counties. Authorizes commissioners court to establish. (6.18.05)
HB749 Jones, Delwin, Duncan – Relating to the size and weight limitations for certain vehicles transporting agricultural products and equipment. Exempts chile pepper modules from axle weight limitations. (9.01.05)
HB758 Denny, Harris – Relating to a pilot program allowing for countywide voting locations in certain elections. Authorizes county to apply for participation in countywide voting pilot project. (9.01.05)
HB825 Talton, Whitmire – Relating to the prosecution of the offense of interference with public duties. Creates offense of interfering with animal control officer. (9.01.05)
HB914 Woolley, Williams – Relating to disclosure of certain business or financial relationships with certain local government officers. Must disclose business relationship with vendor and gifts over $250, except food, lodging, transportation or entertainment. (6.18.05)
HB950 Casteel, Madla – Relating to fees for filing certain documents with a county clerk. Increases filing fees for real estate documents. (9.01.05)
HB961 Smith, Wayne, Jackson, Mike – Relating to the location of a sale of real property under a contract lien. Commissioners court may designate a location other than courthouse steps. (6.17.05)
HB975 Madden, Harris – Relating to a deposition taken of a witness in a criminal action. Allows prosecutor to take witness deposition. (9.01.05)
HB988 Chisum, Lucio – Relating to the county in which a seller of a motor vehicle may file an application for registration and certificate of title. Allows purchaser to designate county of registration. (9.01.05)
HB1107 Chavez, Shapleigh – Relating to procedures for obtaining relief from local matching funds requirements for highway projects. Provides procedure for local match reduction by economically disadvantaged counties. (9.01.05)
HB1140 Flynn, Averitt – Relating to the specifications and fees for legal papers filed with a county clerk. Limits county clerk’s ability to impose filing requirements. (6.18.05)
HB1209 Gattis, Ogden – Relating to using county election precincts for any election held on the November uniform election date, except in Harris County and adjacent counties. (9.01.05)
HB1285 Swinford, Wentworth – Relating to the exception from required disclosure under the public information law of certain audit working papers. Maintains confidentiality of audits in progress authorized by commissioners court. (5.27.05)
HB1287 Leibowitz, Madla – Relating to county abatement of a public nuisance. Authorizes county to prohibit access to nuisance property. (9.01.05)
HB1404 Deshotel, Hinojosa – Relating to the fees collected by a county clerk for certain filings in pending probate actions. Adds fees for filing additional documents. (9.01.05)
HB1418 Gonzalez, Toureilles – Relating to the justice court technology fund. Makes $4 fee mandatory. Expands use to continuing education and training for JPs and JP clerks. (9.01.05)
HB1470 Hegar, Hinojosa – Relating to the collection of certain administrative fees by a community supervision and corrections department. May collect fees with approval of the clerk. (6.18.05)
HB1588 Driver, Williams – Relating to the qualifications and removal of and continuing education requirements for a constable. Requires 2-year college degree or peace officer certification, continuing training and removal by AG. (6.18.05)
HB1601 Madden, Averitt – Relating to the use of telephone interpreter services in a criminal case. Provides for telephone interpreter in Class C and recovery of interpreter costs as condition of probation. (9.01.05)
HB1610 Chisum, Brimer – Relating to allowing a county to impose a fee for activity that cuts, damages, or otherwise disturbs the surface of a county road. County may assess supervision fee, not to exceed $500, in addition to damages. Exempts telephone companies. (6.18.05)
HB1701 Keel, Williams – Relating to the defense of indigent persons accused of a criminal offense. Indigent Criminal Defense Plan only filed in odd-numbered year, or when amended. (9.01.05)
HB1928 Moreno, Joe (deceased), Gallegos – Relating to the reimbursement of medical expenses incurred by county jailers and detention officers exposed to certain contagious diseases. Provides preventive medical care to jailers. (9.01.05)
HB1934 Gonzalez, Toureilles, Gallegos – Relating to security fees for justice courts not housed in county courthouse. Increases Courthouse Security Fee to $4 in JP court. Requires 25 percent to be used for JPs outside courthouse. (9.01.05)
HB1937 Ritter, Seliger – Relating to the authority of certain counties to create county assistance districts. Extends county assistance district to counties under 45,000 with no municipal 4A or 4B Development Corporation. Expand use to economic development and tourism. (6.18.05)
HB1984 Bohac, Janek – Relating to the information required to be provided with an ad valorem tax bill. Requires 5-year tax history in appraisal and tax notices. (1.01.06)
HB2120 Allen, Ray, Lindsay – Relating to the efficient administration of county government. Authorizes video and Internet magistration and guilty pleas; county reinvestment zones and general revisions. (9.01.05)
HB2193 Madden, Whitmire – Relating to the operation of a system of community supervision. Limits probation term. Creates new $50 fee on alcohol and drug convictions, dedicated to drug courts. (vetoed by Gov.)
HB2254 Rose, Armbrister – Relating to reducing the penalty for a failure by a disabled or elderly person to make a timely installment payment of ad valorem taxes imposed on the person’s residence homestead from 12 percent to 6 percent. (9.01.05)
HB2381 Hegar, Armbrister – Relating to posting on the Internet the notice of a meeting of the governing body of a county and certain districts and political subdivisions. If posted on Internet, physical posting only required to be visible during business hours. (9.01.05)
HB2470 Delisi, Nelson – Relating to the operation of and the funding mechanisms for emergency medical services and trauma facility care in this state. Requires citations to warn of additional DPS license fees. (9.01.05)
HB2525 Callegari, Lindsay – Relating to contracts by governmental entities for construction projects and related professional services. Regulates construction manager and design/build projects and job order contracts. (vetoed by Gov.)
HB2572 Truitt, Janek – Relating to the functions of local mental health and mental retardation authorities. Maintains present authorities. Limits ability to provide direct services. Authorizes state to adopt rules governing MHMR local authorities. (vetoed by Gov.)
HB2618 Eiland, Nelson – Relating to county expenditures for certain health care services. Authorizes county to include contract expenditures with federally qualified health center (FQHC) clinics toward state assistance. (9.01.05)
HB2767 Talton, Hinojosa – Relating to the release of a criminal defendant in certain cases and eligibility of certain individuals to act as sureties on bail bonds. Requires 8 hours of education for surety in non-bail bond board counties. (9.01.05)
HB2902 Hilderbran, Fraser – Relating to the historic courthouse preservation program. Includes maintenance programs; increases the percentage of THC program funds from 1 percent to 2? percent (9.01.05)
HB2988 Nixon – Relating to waiver of sovereign immunity. Requires compliance with notice requirements before suit against governmental entity. (9.01.05)
HB3101 Casteel, Wentworth – Relating to the filing for records in the county clerk’s office a plat or replat of a subdivision of real property. Requires that taxes be paid before filing for plat or replat. (9.01.05)
HB3152 Escobar, Ellis, Rodney – Relating to procedures applicable to waivers of the right to counsel. Prohibits prosecutor from seeking a waiver from defendant or meeting with defendant while request for appointment is pending. (vetoed by Gov.)
HB3441 Herrero, Hinojosa – Relating to the assignment of visiting justices of the peace. Allows JPs to exchange benches, not to exceed 5 days, across county lines. No reimbursement for visiting JP. (9.01.05)
HJR87 Farabee, Lindsay – Relating to including a constitutional county judge on the membership of State Commission on Judicial Conduct. (11.08.05 election day)
SB1 Ogden, Pitts – Relating to the General Appropriations Bill. Restores county overweight truck fee appropriation ($4.7 million per year). (6.18.05)
SB18 Williams, Ritter – Relating to the adoption of an ad valorem tax rate by a taxing unit other than a school district. Requires special notice and motion language and two hearings on any increase in effective tax rate. Requires Web site posting, if available. Reduces rollback petition to 7 percent of registered voters if maintenance and operations (M&O) taxes exceed $5 million. (9.01.05)
SB200 Gallegos, Smith, Wayne – Relating to county authority to regulate vehicular or pedestrian gates to gated communities. County authorized to require emergency access to gated community. (6.17.05)
SB270 Madla, Mowery – Relating to mass gatherings outside the limits of a municipality. County may require permit for 2,500 persons or 500 persons if 51 percent under 21 and alcohol consumed. (6.17.05)
SB526 Hinojosa, Martinez – Relating to a county’s authority to impose a records archive fee. Increases records archive criminal fee by $5 with $2.50 to be used in clerk’s office upon approval of commissioners court. (6.17.05)
SB567 Deuell, Keffer, Jim – Relating to requiring a taxing unit to include in the public notice of a hearing on the adoption of an ad valorem tax rate certain information relating to the taxing unit’s budget and appraisal roll. Requires budget comparison language in tax hearing notice. (6.17.05)
SB623 Hinojosa, Pena – Relating to the authorized charges for providing a copy of public information requested under the public information law. Request for public information expires in 10 days if deposit or bond not made. (9.01.05)
SB690 Zaffirini, Swinford – Relating to the required posting by a governmental body of a meeting of the governmental body that is continued to the following regular business day. County may continue meeting for one business day without re-posting; may convene within 72 hours of posted time in event of catastrophe. (6.17.05)
SB829 Wentworth, Menendez – Relating to the authority of counties to establish petty cash funds. Commissioners court may establish and set amount. (6.17.05)
SB848 Shapiro, Kuempel – Relating to the approval of certain permit applications by local governments. Requires permits to be considered under rules existing at time of first application by developer. (4.27.05)
SB951 Estes, King, Phil – Relating to the operation of certain cemeteries using county resources. County may use inmate labor to maintain or open graves in historic cemetery. (9.01.05)
SB1107 Madla, Casteel – Relating to requirements for removal of a county treasurer. Requires oath of office before assuming duties. (9.01.05)
SB1133 Hinojosa, Gonzales – Relating to posting notice online of the meetings of certain governmental bodies. County over 65,000 must post agenda on Internet; otherwise post notice if county has Web site. (1.01.06)
SB1224 Duncan, Rose – Relating to liability of a governmental unit for certain recreational activities. Same as HB616. (9.01.05)
SB1264 Whitmire, Allen, Ray – Relating to authorizing a fee for certain inspections conducted by the Texas Commission on Jail Standards. If county requests re-inspection, then fails, may be assessed fee. (9.01.05)
SB1424 Gallegos, Solis – Relating to filing fees in a civil matter in a justice court or small claims court. Establishes fee for counterclaim. (9.01.05)
SB1704 Ellis, Rodney, Hartnett – Relating to jury service. Increases jury pay from $6 to $40; reimburses county $34 from $4 criminal conviction fee. Transfers balance over $10 million to Indigent Criminal Defense Fund. (9.01.05)