HBA-NLM H.B. 2654 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2654 By: Elkins County Affairs 4/11/1999 Introduced BACKGROUND AND PURPOSE H.B. 2654 provides that an ordinance, order, rule, regulation, or similar act adopted by the governing body of a municipality expires on the 10th anniversary of its adoption by the governing body. In addition, the governing body is authorized to re-adopt an act before its expiration under this subsection if the governing body determines that the ordinance, order, rule, regulation, or similar act is necessary or desirable for the operation of the municipality. 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 A, Chapter 51, Local Government Code, by adding Section 51.003, as follows: Sec. 51.003. EXPIRATION OF MUNICIPAL ORDINANCE. (a) Provides that an ordinance, order, rule, regulation, or similar act adopted by the governing body of a municipality expires on the 10th anniversary of its adoption by the governing body. Authorizes the governing body to re-adopt an act before its expiration under this subsection if the governing body determines that the ordinance, order, rule, regulation, or similar act is necessary or desirable for the operation of the municipality. (b) Specifies that this section does not apply to a charter provision of a home-rule municipality or an ordinance, order, or other act authorizing the issuance of a bond, note, or other instrument of indebtedness of the municipality that has a term of more than 10 years. SECTION 2. Amends Subchapter B, Chapter 81, Local Government Code, by adding Section 81.032, as follows: Sec. 81.032. EXPIRATION OF COUNTY ORDER. (a) Provides that an order, ordinance, rule, regulation, or similar act adopted by the commissioners court of a county expires on the 10th anniversary of its adoption by the commissioners court. Authorizes the commissioners court to re-adopt an act before its expiration under this subsection if the commissioners court determines that the order, ordinance, rule, regulation, or similar act is necessary or desirable for the operation of the county. (b) Specifies that this section does not apply to an order, ordinance, or other act authorizing the issuance of a bond, note, or other instrument of indebtedness of the county that has a term of more than 10 years. SECTION 3. Specifies that an ordinance, order, rule, regulation, or similar act adopted by the governing body of a municipality or the commissioners court of a county before the effective date of this Act expires September 1, 2009, unless re-adopted as provided by Section 51.003 or 81.032, Local Government Code, as added by this Act. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.