HBA-MPA H.B. 508 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 508
By: Wohlgemuth
Urban Affairs
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

Interlocal agreements have been used by county and municipal governments
for several years.  Recent attorney general opinions, citing supreme court
precedents, have restricted the execution and content of interlocal
agreements, so that county and municipal governments can no longer enter
into contracts for construction of roadways within cities unless it is a
connecting link or an integral part of a county road.  This requirement has
made it difficult for counties and cities to engage in contracts using
county road funds when both parties consent to the arrangement.  This is a
particular hardship for counties with small populations.  H.B. 508 permits
counties with only one incorporated municipality to engage in an interlocal
agreement with an incorporated municipality for the purpose of road
construction, maintenance, or repair. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 791, Government Code, by adding
Section 791.032, as follows: 

Sec. 791.032.  CONSTRUCTION, IMPROVEMENT, AND REPAIR OF STREETS IN CERTAIN
MUNICIPALITIES. (a) Provides that this section applies only to an
interlocal contract in which one party is a county in which there is only
one incorporated municipality. 

(b) Authorizes a local government to enter into an interlocal contract with
a municipality to finance the construction, improvement, maintenance or
repair of streets or alleys in the municipality, including portions of the
streets and alleys that are not integral parts of or connecting links to
other roads or highways, provided that the governing body of the
municipality approves the contract. 

SECTION 2.  Amends Section 251.012(a), Transportation Code, to authorize a
commissioners court to construct, improve, maintain, or repair streets and
alleys, as allowed under Section 791.032, Government Code, if the
commissioners court finds the work will benefit the county.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.