Texas Local Government Code - Section 81.033. Power Of Commissioners Court In County With No Incorporated Territory
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§ 81.033. POWER OF COMMISSIONERS COURT IN COUNTY WITH NO
INCORPORATED TERRITORY. (a) This section applies only to a
commissioners court of a county that has a population of more than
7,500, is located on an international boundary, and contains no
incorporated territory of a municipality.
(b) If approved at an election held in the county for that
purpose, the commissioners court has, in addition to the powers
given to it under this code or other law, all the powers of the
governing body of a Type A general-law municipality, including the
powers contained in Subtitle A, Title 7, except that:
(1) the commissioners court may not regulate an
activity outside the county;
(2) the commissioners court may not regulate a tract
of land that is appraised as agricultural or open-space land by the
appraisal district;
(3) the commissioners court may not exercise the
powers of a municipality under Chapter 211 or 213; and
(4) if this code or other law provides for a procedure
by which a county exercises a power, the commissioners court must
use that procedure.
(c) For an election under this section, the ballot shall be
prepared to permit voting for or against the proposition:
"Granting (name of county) County the authority to enact ordinances
in the same manner as a general-law municipality."
(d) If a majority of the votes cast at the election favor the
proposition, the commissioners court has the powers described by
Subsection (b).
(e) If territory of the county becomes incorporated in a
municipality:
(1) in the area outside the municipality and outside
the municipality's extraterritorial jurisdiction, the authority of
the commissioners court to exercise a power under this section:
(A) expires, on the date of the incorporation,
with regard to a subject on which the court has not previously acted
under this section; and
(B) continues with regard to a subject on which
the court has previously acted under this section; and
(2) in the area in the municipality or in the
extraterritorial jurisdiction of the municipality, the authority
of the commissioners court to exercise a power under this section
expires on the 180th day after the date of the municipal
incorporation.
(f) On receipt of a petition signed by at least 10 percent of
the county's registered voters, the commissioners court shall call
an election on the repeal of an order or ordinance authorized by
this section on the first uniform election date that occurs after
the 90th day after the date the petition is filed. The order or
ordinance is repealed if a majority of the votes cast at the
election favor repeal. A petition requiring an election under this
subsection may not be filed sooner than the fifth anniversary of the
date of an election held under this subsection.
Added by Acts 2003, 78th Leg., ch. 1029, § 1, eff. Sept. 1, 2003.
Section: 81.023 81.024 81.026 81.027 81.028 81.030 81.032 81.033 82.001 82.002 82.003 82.004 82.005 83.001 83.002
Last modified: August 11, 2007
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