Legislative Blog

J.B. Williams, J.D.

6 bills that modify the Local Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 471 - Manages the minimum temporary leave from on duty injuries for firefighters, police officers, and emergency medical services personnel.

HB 486 - Sets out guidelines for annexing right-of-way and limiting it so as to not expand extraterritorial jurisdiction

HB 995 - Similar to HB 471 but applies to county employees.

HB 1195 - Permits county and district clerks to request photo identification and to not file documents if it is not provided. This is only for counties that permit on line filing.

HB 1330 - This applies to small counties of less than 3,000 with at least 3 adjacent counties of less than 10,000, as long as they have an international border.

HB 1434 - Permits them to require staggered terms if they are not already doing so.

6 bills that modify the Local Government Code

Published: 2024-05-15

HB 471

Entitlement to and claim for benefits for certain first responders and other employees related to illness and injury

This sets out the minimum benefit that must be provided and does not prevent collective bargaining for a greater benefit.

A firefighter, police officer, or emergency medical services personnel is entitled to a leave of absence for injury or illness related to their line of duty. It must be for full pay and be for a period commensurate with the nature of the injury. When necessary, it shall be for at least 1 year. After this time the political subdivision may extend the leave of absence at full or reduced pay. The individual may use their accumulated sick leave, vacation time or other accrued benefits before they are placed on temporary leave. After the expiration of the time, along with any extension, the individual will be placed on temporary leave.

When the individual is returning from a temporary disability, they may be assigned light duty for at least 1 year. When they recover, they will be reinstated at the same rank and with the same seniority as prior to the leave.

HB 586

Municipal annexation of certain rights-of-way

It gives a municipality the right to annex a right-of-way if:

1. it is contiguous with an area being annexed;
2. it is parallel to a boundary or area being simultaneously annexed or connects to an area being simultaneously annexed; and
3. does not result in the municipality's boundaries being beyond what they could already encompass before the annexation of the right-of-way (their extraterritorial jurisdiction)

Explaining extraterritorial jurisdiction: For example, a city of less than 5,000 population that wants to annex property has the right to annex property within a one-half mile boundary. While a municipality of 100,000 or more population, may annex within 5 miles of it's boundary. This right of annexation is very dependent upon the size of the municipality and only holds for property not already belonging to another municipality.

The right-of-way annexation must be either:

1. the owner or governing body of the right-of-way requests the annexation in writing; or
2. both:
   • the municipality provides the owner notice no later than 61 days before the annexation and
   • the owner does not submit a written objection before the date of annexation

The annexation of the right-of-way does not expand the municipalities extraterritorial jurisdiction.

HB 995

Sheriff's department disability leave in certain counties

A county employee is entitled to a leave of absence for injury or illness related to their line of duty. It must be for full pay and be for a period commensurate with the nature of the injury. When necessary, it shall be for at least 1 year. After this time the commissioners court may extend the leave of absence at full or reduced pay. If it is not extended or pay is reduced below 60%, and the employee is a member of a pension fund, they may retire on pension until they are able to return to duty. If pension benefits are not available, and they do have have an extension, they may use their accumulated sick leave, vacation time or other accrued benefits before they are placed on temporary leave. If the injury is not in the line of duty, they may use all sick leave, vacation time, and other accrued benefit beofre being placed on temporary leave.

When the individual is returning from a temporary disability, they will be reinstated at the same rank and with the same seniority as prior to the leave. While the individual is on temporary leave, other employees may voluntarily do their work or donate leave time to them so that they maintain their salary.

HB 1195

Authority of certain county and district clerks to obtain and retain information that identifies a person filing a document or requesting services

In a county that allows electronic filing of real property records, they may require a person presenting documents in person to present photo identification. And they may make a copy of said identification.

County and district clerks in counties that allow for electronic filing of document and such may require photo identification when an individual presents in person or requests documents or service in person. The document may not be accepted if the person presenting person does not have or refuses to provide photo identification.

HB 1330

Grant program for public improvement projects for unincorporated communities in certain counties

This applies to counties that have a population less than 3,000; are adjacent to at least 3 counties with a population of less than 10,000; and are located on an international border.

The grant program is meant for public improvement projects including:

• acquisition, construction or improvement of:
  1. sidewalks;
  2. streets;
  3. roads;
  4. or other transportation infrastructure;
  5. water facilities;
  6. wastewater facilities;
  7. drainage facilities;
  8. other public facilities improvements

The county may accept for and apply for gifts, grants, or donations from any source to fund these.

HB 1434

Staggering of terms of aldermen of the governing body of a Type A general-law municipality

If a governing body of alderman are not serving staggered terms, they may by majority vote require them to by drawing of lots.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.