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.