HBA-DMD C.S.H.B. 1618 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1618
By: Keel
State, Federal & International Relations
333/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Until 1997, there was no provision in Texas law that allowed for residents
of a community without a public library to vote to tax themselves in order
to support a library through a library district. Legislation passed by the
75th Legislature authorizes a county without a public library to create a
library district if the population of the county is 100,000 or more.   

C.S.H.B. 1618 authorizes a library district to be created in any county.
This bill authorizes a district to include any contiguous territory within
a single county. This bill also provides that if the boundaries of a
proposed district include any territory that is part of a municipality that
has a municipal public library, the governing authority of that
municipality must consent by resolution to allow the inclusion of that
municipal territory in the proposed district. 

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 Section 326.004(a), Local Government Code, to authorize
a library district (district) to be created, rather than authorizing a
library district to be created only in a county with a population of
100,000 or more. Makes nonsubstantive changes. 

SECTION 2.  Amends Sections 326.022(a) and (c), Local Government Code, as
follows: 

(a) Authorizes a district to include any contiguous territory within a
single county, rather than any contiguous territory that is not in a
municipality that operates a municipal public library on the date on which
an election is ordered on the question of creating the district. 

(c) Provides that if the boundaries of the proposed district include any
territory that, on the date on which an election is ordered on the question
of creating the district, is part of a municipality that operated a
municipal public library, then the governing authority of that municipality
must consent by resolution to allow the inclusion of that municipal
territory in the proposed district. Deletes the prohibition of a district
including territory in more than one county. 
  
SECTION 3. Effective date: September 1, 1999.

SECTION 4.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1618 differs from the original bill in SECTION 1 (Section
326.004(a), Local Government Code) by removing the population requirement
from the authority to create a library district. 

C.S.H.B. 1618 differs from the original bill by creating new text for
SECTION 2 and by redesignating SECTIONS 2 and 3 from the original bill to
SECTIONS 3 and 4.  SECTION 2 of the  substitute authorizes a library
district to include any contiguous territory within a single county. The
new SECTION 2 also provides that if the boundaries of a proposed district
include any territory that is part of a municipality that has a municipal
public library, the governing authority of that municipality must consent
by resolution to allow the inclusion of that municipal territory in the
proposed district.