HBA-LJP C.S.H.B. 1727 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1727
By: Maxey
State Affairs
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person who has introduced legislation seeking the
passage of certain local or special laws is required to give a notice of
intent in a publication in the locality encompassed by the bill and to
deliver the notice to the governor, the county commissioners court, and the
appropriate municipality's governing body.  While current law requires
proof of the notice in a publication, the law does not provide procedures
for delivering the notice to local officials.  C.S.H.B. 1727 provides the
manner in which the copy of the proposed bill is to be delivered to local
officials and requires proof that the copy of the proposed bill was
delivered. 

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. 

ANALYSIS

C.S.H.B. 1727 amends the Government Code to modify the required
notification procedures if a bill is proposing a local or special law, or
is creating a certain district.  The bill provides that a copy of the
proposed bill must be delivered by the person intending to introduce the
bill to the commissioners court or the municipal governing body affected by
the proposed bill in a manner consistent with Rule 106(a)(1), Texas Rules
of Civil Procedure, not later than the 30th day before the date on which
the intended law is introduced in the legislature.  The bill prohibits the
person delivering the proposed bill from delivering the bill in a manner
specified in Rule 109 or 109a, Texas Rules of Civil Procedure.  The bill
also requires proof of delivery of the copy of the proposed bill to be made
by an affidavit of the person delivering the proposed bill, accompanied by
a printed copy of the proposed bill as delivered.  The bill provides that
when a local or special law is introduced in the legislature, the law must
be accompanied by proof that a copy of the proposed law was delivered to
the commissioners court or municipal governing body of a locality affected
by law, if required. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1727 conforms the original bill to Texas Legislative Council style
and format.  The substitute requires a copy of the bill proposing local or
special law to be delivered to the affected governing body by the person
introducing the bill.  The original bill simply required notice to be
delivered to the affected governing body.  The substitute provides that
when a local or special law is introduced in the legislature, the law must
be accompanied by proof that a copy of the proposed law was delivered to
the affected governing body, if required.