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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the administration of certain county services and |
|
duties, including the administration of county assistance |
|
districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 15.08, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A |
|
warrant of arrest may be forwarded by a method that ensures the |
|
transmission of a duplicate of the original warrant, including |
|
secure facsimile transmission or other secure electronic means |
|
[telegraph from any telegraph office to another in this State]. If |
|
issued by any magistrate named in Article 15.06, the peace officer |
|
receiving the same shall execute it without delay. If it be issued |
|
by any other magistrate than is named in Article 15.06, the peace |
|
officer receiving the same shall proceed with it to the nearest |
|
magistrate of the peace officer's [his] county, who shall endorse |
|
thereon, in substance, these words: |
|
"Let this warrant be executed in the county of ...........", |
|
which endorsement shall be dated and signed officially by the |
|
magistrate making the same. |
|
SECTION 2. Article 15.09, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A |
|
complaint in accordance with Article 15.05, may be forwarded |
|
[telegraphed], as provided by [in the preceding] Article 15.08, to |
|
any magistrate in the State; and the magistrate who receives the |
|
same shall forthwith issue a warrant for the arrest of the accused; |
|
and the accused, when arrested, shall be dealt with as provided in |
|
this Chapter in similar cases. |
|
SECTION 3. Article 15.19(a), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(a) If the arrested person fails or refuses to give bail, as |
|
provided in Article 15.18, the arrested person shall be committed |
|
to the jail of the county where the person was arrested; and the |
|
magistrate committing the arrested person shall immediately |
|
provide notice to the sheriff of the county in which the offense is |
|
alleged to have been committed regarding: |
|
(1) the arrest and commitment, which notice may be |
|
given by [telegraph,] mail[,] or other written means or by secure |
|
facsimile transmission or other secure electronic means; and |
|
(2) whether the person was also arrested under a |
|
warrant issued under Section 508.251, Government Code. |
|
SECTION 4. Article 26.13, Code of Criminal Procedure, is |
|
amended by adding Subsection (j) to read as follows: |
|
(j) A person who is incarcerated in a facility operated by |
|
or under contract with the Texas Department of Criminal Justice may |
|
submit a plea of guilty or plea of nolo contendere regarding a |
|
misdemeanor charge in writing, transmitted by mail, facsimile, or |
|
other means. Before accepting a plea under this subsection, the |
|
court shall make the admonitions required by this article to the |
|
defendant in writing as provided by Subsection (d). |
|
SECTION 5. Section 31.037, Election Code, is amended to |
|
read as follows: |
|
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The |
|
employment of the county elections administrator may be suspended, |
|
with or without pay, or terminated at any time for good and |
|
sufficient cause on the four-fifths vote of the county election |
|
commission and approval of that action by a majority vote of the |
|
commissioners court. |
|
SECTION 6. Section 61.001(f), Government Code, is amended |
|
to read as follows: |
|
(f) A reimbursement for expenses under this section is not a |
|
property right of a person who reports for jury service for purposes |
|
of Chapters 72 and 74, Property Code. If a check, instrument, or |
|
other method of payment authorized under Section 113.048, Local |
|
Government Code, [instrument] representing a reimbursement under |
|
this section is not presented for payment or redeemed before the |
|
90th day after it is issued: |
|
(1) the instrument or other method of payment is |
|
considered forfeited and is void; and |
|
(2) the money represented by the instrument or other |
|
method of payment may be placed or retained in the county's jury |
|
fund, the county's general fund, or any other fund in which county |
|
funds can be legally placed, at the discretion of the commissioners |
|
court. |
|
SECTION 7. Section 61.003, Government Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) Notwithstanding Subsection (a), a county that has |
|
adopted a system or method of payment authorized by Section |
|
113.048, Local Government Code, may provide a person who reports |
|
for jury service in the county an opportunity to donate all, or a |
|
specific part designated by the juror, of the juror's daily |
|
reimbursement by completing a self-executing application on a form |
|
prescribed by the commissioners court. |
|
SECTION 8. Section 694.002, Health and Safety Code, is |
|
amended by adding Subsections (c) and (d) to read as follows: |
|
(c) If a county discovers cash in the possession of a |
|
deceased pauper, the county shall place the money in a trust |
|
account. A person having a claim to the money in the trust account |
|
must exercise the right to collect the money not later than the |
|
first anniversary of the date the money is placed in the trust |
|
account. |
|
(d) A county may create a fund to be used by the county to |
|
pay the costs incurred in disposing of the bodies of deceased |
|
paupers. If money placed in a trust account under Subsection (c) is |
|
not claimed by the first anniversary of the date the money is placed |
|
in the trust account, the county may transfer the money to the fund |
|
created under this subsection. |
|
SECTION 9. Section 716.101, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Except as |
|
provided by Subsection (b), a [A] crematory establishment may not |
|
accept for cremation unidentified human remains. |
|
(b) Notwithstanding any other provision of this chapter, a |
|
crematory establishment may accept for cremation unidentified |
|
human remains from a county on the order of: |
|
(1) the county commissioners court; or |
|
(2) a court located in the county. |
|
SECTION 10. Subchapter C, Chapter 113, Local Government |
|
Code, is amended by adding Section 113.048 to read as follows: |
|
Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a) |
|
Notwithstanding any other provision of this subchapter or other law |
|
to the contrary, a county treasurer may disburse to a person who |
|
reports for jury service and discharges the person's duty the daily |
|
amount of reimbursement for jury service expenses set by the |
|
commissioners court under Section 61.001, Government Code, by: |
|
(1) using an electronic funds transfer system in |
|
accordance with Chapter 156; |
|
(2) using a cash dispensing machine; |
|
(3) issuing a debit card or a stored value card; or |
|
(4) using any other method that the county treasurer |
|
and the commissioners court determine is secure, accurate, and |
|
cost-effective and that is convenient for persons who report for |
|
jury service. |
|
(b) A system or method of payment adopted by a county |
|
treasurer under Subsection (a) may be implemented only if it is |
|
approved by the commissioners court and administered in accordance |
|
with the procedures established by the county auditor or by the |
|
chief financial officer of a county that does not have a county |
|
auditor. |
|
(c) A system or method of payment authorized by this section |
|
may be used in lieu of or in addition to the issuance of warrants or |
|
checks authorized under this subchapter. |
|
SECTION 11. Subchapter Z, Chapter 157, Local Government |
|
Code, is amended by adding Section 157.9031 to read as follows: |
|
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR |
|
CERTAIN COVERAGE. An intergovernmental pool operating under |
|
Chapter 119 of this code or its successor may, pursuant to policies |
|
concerning the provision of coverage adopted by the pool's |
|
governing body or by a county commissioners court obtaining |
|
coverage from such a pool, require reimbursement for the provision |
|
of punitive damage coverage from a person to whom the |
|
intergovernmental pool provides coverage. |
|
SECTION 12. Section 262.003(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) Any law that requires a county to follow a competitive |
|
bidding procedure in making a purchase requiring the expenditure of |
|
$50,000 [$25,000] or less does not apply to the purchase of an item |
|
available for purchase from only one supplier. |
|
SECTION 13. Section 262.023(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) Before a county may purchase one or more items under a |
|
contract that will require an expenditure exceeding $50,000 |
|
[$25,000], the commissioners court of the county must: |
|
(1) comply with the competitive bidding or competitive |
|
proposal procedures prescribed by this subchapter; |
|
(2) use the reverse auction procedure, as defined by |
|
Section 2155.062(d), Government Code, for purchasing; or |
|
(3) comply with a method described by Subchapter H, |
|
Chapter 271. |
|
SECTION 14. Section 271.024, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO |
|
CONTRACT. The bidding of [If a governmental entity is required by
|
|
statute to award] a contract awarded by a governmental entity for |
|
the construction, repair, or renovation of a structure, road, |
|
highway, or other improvement or addition to real property [on the
|
|
basis of competitive bids, and if the contract requires the
|
|
expenditure of more than $25,000 from the funds of the entity, the
|
|
bidding on the contract] must be accomplished in the manner |
|
provided by this subchapter if: |
|
(1) a statute requires the governmental entity to |
|
award the contract on the basis of competitive bids; and |
|
(2) the contract requires the expenditure of more |
|
than: |
|
(A) $25,000 from the funds of a governmental |
|
entity other than a county; or |
|
(B) $50,000 from the funds of a county. |
|
SECTION 15. Section 363.156(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) To the extent competitive bidding procedures in Title 8 |
|
apply, the board may not enter purchasing contracts that involve |
|
spending more than $50,000 [$25,000] unless the board complies |
|
with: |
|
(1) Subchapter C, Chapter 262, if the district was |
|
created by a county; or |
|
(2) Chapter 252, if the district was created by a |
|
municipality. |
|
SECTION 16. Section 387.003, Local Government Code, is |
|
amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and |
|
(h) and adding Subsections (a-1), (i), and (j) to read as follows: |
|
(a) The commissioners court of the county may call an |
|
election on the question of creating a county assistance district |
|
under this chapter. More than one county assistance district may be |
|
created in a county. |
|
(a-1) A district may [to] perform the following functions in |
|
the district: |
|
(1) the construction, maintenance, or improvement of |
|
roads or highways; |
|
(2) the provision of law enforcement and detention |
|
services; |
|
(3) the maintenance or improvement of libraries, |
|
museums, parks, or other recreational facilities; |
|
(4) the provision of services that benefit the public |
|
health or welfare, including the provision of firefighting and fire |
|
prevention services; or |
|
(5) the promotion of economic development and tourism. |
|
(b) The order calling the election must: |
|
(1) define the boundaries of the district to include |
|
any portion of the county in which the combined tax rate of all |
|
local sales and use taxes imposed, including the rate to be imposed |
|
by the district if approved at the election, would not exceed the |
|
maximum combined rate of sales and use taxes imposed by political |
|
subdivisions of this state that is prescribed by Sections 321.101 |
|
and 323.101, Tax Code [two percent]; and |
|
(2) call for the election to be held within those |
|
boundaries. |
|
(b-1) If the proposed district includes any territory of a |
|
municipality, the commissioners court shall send notice by |
|
certified mail to the governing body of the municipality of the |
|
commissioners court's intent to create the district. If the |
|
municipality has created a development corporation under Chapter |
|
504 or 505, Local Government Code [Section 4A or 4B, Development
|
|
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
|
|
Statutes)], the commissioners court shall also send the notice to |
|
the board of directors of the corporation. The commissioners court |
|
must send the notice not later than the 60th day before the date the |
|
commissioners court orders the election. The governing body of the |
|
municipality may exclude the territory of the municipality from the |
|
proposed district by sending notice by certified mail to the |
|
commissioners court of the governing body's desire to exclude the |
|
municipal territory from the district. The governing body must |
|
send the notice not later than the 45th day after the date the |
|
governing body receives notice from the commissioners court under |
|
this subsection. The territory of a municipality that is excluded |
|
under this subsection may subsequently be included in: |
|
(1) the district in an election held under Subsection |
|
(f) with the consent of the municipality; or |
|
(2) another district after complying with the |
|
requirements of this subsection and after an election under |
|
Subsection (f). |
|
(c) The ballot at the election must be printed to permit |
|
voting for or against the proposition: "Authorizing the creation |
|
of the ____ County Assistance District No.___ (insert name of |
|
district) and the imposition of a sales and use tax at the rate of |
|
____ [of one] percent (insert [one-eighth, one-fourth,
|
|
three-eighths, or one-half, as] appropriate rate) for the purpose |
|
of financing the operations of the district." |
|
(e) If a majority of the votes received at the election are |
|
against the creation of the district, the district is not created |
|
and the county at any time may call one or more elections [another
|
|
election] on the question of creating one or more [a] county |
|
assistance districts [district may not be held in the county before
|
|
the first anniversary of the most recent election concerning the
|
|
creation of a district]. |
|
(f) The commissioners court may call an election to be held |
|
in an area of the county that is not located in a district created |
|
under this section to determine whether the area should be included |
|
in the district and whether the district's sales and use tax should |
|
be imposed in the area. An election may not be held in an area in |
|
which the combined tax rate of all local sales and use taxes |
|
imposed, including the rate to be imposed by the district if |
|
approved at the election, would exceed the maximum combined rate of |
|
sales and use taxes imposed by political subdivisions of this state |
|
that is prescribed by Sections 321.101 and 323.101, Tax Code [two
|
|
percent]. |
|
(h) If more than one election to authorize a local sales and |
|
use tax is held on the same day in the area of a proposed district or |
|
an area proposed to be added to a district and if the resulting |
|
approval by the voters would cause the imposition of a local sales |
|
and use tax in any area to exceed the maximum combined rate of sales |
|
and use taxes of political subdivisions of this state that is |
|
prescribed by Sections 321.101 and 323.101, Tax Code [two percent], |
|
only a tax authorized at an election under this section may be |
|
imposed. |
|
(i) In addition to the authority to include an area in a |
|
district under Subsection (f), the governing body of a district by |
|
order may include an area in the district on receipt of a petition |
|
or petitions signed by the owner or owners of the majority of the |
|
land in the area to be included in the district. If there are no |
|
qualified voters in the area to be included in the district, no |
|
election is required. |
|
(j) The commissioners court by order may exclude an area |
|
from the district if the district has no outstanding bonds payable |
|
wholly or partly from sales and use taxes and the exclusion does not |
|
impair any outstanding district debt or contractual obligation. |
|
SECTION 17. Section 387.005, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.005. GOVERNING BODY. (a) The commissioners |
|
court of the county in which the district is created by order shall |
|
provide that: |
|
(1) the commissioners court is the governing body of |
|
the district; or |
|
(2) the commissioners court shall appoint a governing |
|
body of the district. |
|
(b) A member of the governing body of the district |
|
[commissioners court] is not entitled to compensation for service |
|
[on the governing body of the district] but is entitled to |
|
reimbursement for actual and necessary expenses. |
|
(c) A board of directors appointed by the commissioners |
|
court under this section shall consist of five directors who serve |
|
staggered terms of two years. To be eligible to serve as a |
|
director, a person must be at least 18 years of age and a resident of |
|
the county in which the district is located. The initial directors |
|
shall draw lots to achieve staggered terms, with three of the |
|
directors serving one-year terms and two of the directors serving |
|
two-year terms. |
|
SECTION 18. Section 387.006(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A district may: |
|
(1) perform any act necessary to the full exercise of |
|
the district's functions; |
|
(2) accept a grant or loan from: |
|
(A) the United States; |
|
(B) an agency or political subdivision of this |
|
state; or |
|
(C) a public or private person; |
|
(3) acquire, sell, lease, convey, or otherwise dispose |
|
of property or an interest in property under terms determined by the |
|
district; |
|
(4) employ necessary personnel; [and] |
|
(5) adopt rules to govern the operation of the |
|
district and its employees and property; and |
|
(6) enter into agreements with municipalities |
|
necessary or convenient to achieve the district's purposes, |
|
including agreements regarding the duration, rate, and allocation |
|
between the district and the municipality of sales and use taxes. |
|
SECTION 19. Section 387.007, Local Government Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) A district may not adopt a sales and use tax under this |
|
chapter if the adoption of the tax would result in a combined tax |
|
rate of all local sales and use taxes that would exceed the maximum |
|
combined rate prescribed by Sections 321.101 and 323.101, Tax Code, |
|
[of more than two percent] in any location in the district. |
|
(c) A district may define areas in the district to pay for |
|
improvements, facilities, or services that primarily benefit that |
|
area and do not generally and directly benefit the district as a |
|
whole. The district may impose different rates of sales and use tax |
|
in each defined area, provided that the sales and use tax rate does |
|
not exceed the rate approved at an election held under Section |
|
387.003. |
|
SECTION 20. Section 387.009, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.009. TAX RATE. The rate of a tax adopted under |
|
this chapter must be in increments of one-eighth[, one-fourth,
|
|
three-eighths, or one-half] of one percent. |
|
SECTION 21. Sections 387.010(a), (b), and (c), Local |
|
Government Code, are amended to read as follows: |
|
(a) A district that has adopted a sales and use tax under |
|
this chapter may, by order and subject to Section 387.007(b): |
|
(1) reduce [, change] the rate of the tax or repeal the |
|
tax without an election, except that the district may not repeal the |
|
sales and use tax or reduce the rate of the sales and use tax below |
|
the amount pledged to secure payment of an outstanding district |
|
debt or contractual obligation; |
|
(2) increase the rate of the sales and use tax, if the |
|
increased rate of the sales and use tax will not exceed the rate |
|
approved at an election held under Section 387.003; or |
|
(3) increase the rate of the sales and use tax to a |
|
rate that exceeds the rate approved at an election held under |
|
Section 387.003 after [if] the increase [change or repeal] is |
|
approved by a majority of the votes received in the district at an |
|
election held for that purpose. |
|
(b) The tax may be changed under Subsection (a) in one or |
|
more increments of one-eighth of one percent [to a maximum of
|
|
one-half of one percent]. |
|
(c) The ballot for an election to increase [change] the tax |
|
shall be printed to permit voting for or against the proposition: |
|
"The increase [change] of a sales and use tax for the ____ County |
|
Assistance District No. ___ (insert name of district) from the rate |
|
of ____ [of one] percent (insert [one-fourth, three-eighths, or
|
|
one-half, as] appropriate rate) to the rate of ____ [of one] percent |
|
(insert [one-fourth, three-eighths, or one-half, as] appropriate |
|
rate)." |
|
SECTION 22. Section 387.012, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the |
|
tax, the increase or reduction [change] of the tax rate, or the |
|
repeal of the tax takes effect on the first day of the first |
|
calendar quarter occurring after the expiration of the first |
|
complete quarter occurring after the date the comptroller receives |
|
a copy of the order of the district's governing body [notice of the
|
|
results of the election] adopting, increasing, reducing |
|
[changing], or repealing the tax. |
|
SECTION 23. Section 1702.104(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) For purposes of Subsection (a)(1), "obtaining or |
|
furnishing information" includes information obtained or furnished |
|
through the review and analysis of, and the investigation into the |
|
content of, computer-based data not available to the public. |
|
"Obtaining or furnishing information" does not include information |
|
obtained or furnished by an information technology professional who |
|
is an employee of a county and who is: |
|
(1) in the course and scope of employment, installing |
|
or repairing computer equipment belonging to the county or is |
|
examining the cause for required repair; and |
|
(2) not performing any other act that requires a |
|
license under this chapter. |
|
SECTION 24. Section 632(f)(1), Texas Probate Code, is |
|
amended to read as follows: |
|
(1) In cases in which it is provided that personal |
|
service shall be had with respect to a citation or notice, the |
|
citation or notice must be served on the attorney of record for the |
|
person who is being cited or notified. Notwithstanding the |
|
requirement of personal service, service may be made on the |
|
attorney by any method specified under this chapter for service on |
|
an attorney. If there is no attorney of record in the proceeding |
|
for the person who is being cited or notified, or if an attempt to |
|
make service on the attorney was unsuccessful, a citation or notice |
|
directed to a person within this state must be served [in person by
|
|
the sheriff or constable] on the person who is being cited or |
|
notified by delivering to the person a true copy of the citation or |
|
notice at least 10 days before the return day on the citation or |
|
notice, exclusive of the date of service. If the person who is |
|
being cited or notified is absent from the state or is a |
|
nonresident, the citation or notice may be served by a |
|
disinterested person competent to make oath of the fact. The |
|
citation or notice served by a disinterested person shall be |
|
returnable at least 10 days after the date of service, exclusive of |
|
the date of service. The return of the person serving the citation |
|
or notice shall be endorsed on or attached to the citation or |
|
notice. The return must show the time and place of service, certify |
|
that a true copy of the citation or notice was delivered to the |
|
person directed to be served, be subscribed and sworn to before an |
|
officer authorized by the laws of this state to take affidavits, |
|
under the hand and official seal of the officer, and returned to the |
|
county clerk who issued the citation or notice. If the citation or |
|
notice is returned with the notation that the person sought to be |
|
served, whether or not within this state, cannot be found, the clerk |
|
shall issue a new citation or notice directed to the person sought |
|
to be served and service shall be by publication. |
|
SECTION 25. Section 633(c), Texas Probate Code, is amended |
|
to read as follows: |
|
(c) The sheriff, constable, or other person authorized by |
|
law [officer] shall personally serve citation to appear and answer |
|
the application for guardianship on: |
|
(1) a proposed ward who is 12 years of age or older; |
|
(2) the parents of a proposed ward if the whereabouts |
|
of the parents are known or can be reasonably ascertained; |
|
(3) any court-appointed conservator or person having |
|
control of the care and welfare of the proposed ward; |
|
(4) a proposed ward's spouse if the whereabouts of the |
|
spouse are known or can be reasonably ascertained; and |
|
(5) the person named in the application to be |
|
appointed guardian, if that person is not the applicant. |
|
SECTION 26. Section 875(e), Texas Probate Code, is amended |
|
to read as follows: |
|
(e) On the filing of an application for temporary |
|
guardianship, the clerk shall issue citation to be served in any |
|
manner authorized by law [notice that shall be served] on the |
|
respondent, the respondent's appointed attorney, and the proposed |
|
temporary guardian named in the application, if that person is not |
|
the applicant. The citation [notice] must describe the rights of |
|
the parties and the date, time, place, purpose, and possible |
|
consequences of a hearing on the application. A copy of the |
|
application must be attached to the citation [notice]. |
|
SECTION 27. (a) Article 26.13(j), Code of Criminal |
|
Procedure, as added by this Act, applies only to an offense |
|
committed on or after the effective date of this Act. An offense |
|
committed before the effective date of this Act is governed by the |
|
law in effect at the time the offense was committed, and the former |
|
law is continued in effect for that purpose. For purposes of this |
|
section, an offense was committed before the effective date of this |
|
Act if any element of the offense occurred before that date. |
|
(b) Section 61.001(f), Government Code, as amended by this |
|
Act, applies only to a disbursement for the reimbursement for jury |
|
service expenses on or after the effective date of this Act. |
|
(c) The changes in law made by Sections 262.003, 262.023, |
|
271.024, and 363.156, Local Government Code, as amended by this |
|
Act, apply only to a purchase made or contract executed on or after |
|
the effective date of this Act. A purchase made or contract |
|
executed before the effective date of this Act is governed by the |
|
law in effect immediately before that date, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 28. The changes in law made by this Act to Sections |
|
632(f)(1), 633(c), and 875(e), Texas Probate Code, apply to a |
|
guardianship proceeding that is pending or commenced on or after |
|
the effective date of this Act. |
|
SECTION 29. Section 387.010(d), Local Government Code, is |
|
repealed. |
|
SECTION 30. This Act takes effect September 1, 2009. |