05~1I Usl. ~ I~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper MEETING DATE: April 11, 2005 OFFICE: County Clerk TIME PREFERRED: SUBJECT: (Please Be Specific) Discussion in accordance with LGC 81.003 The Clerk shall attest to the accuracy of the Commissioners Court Records EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: County Clerk ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. r ,OCAL GOVERNMENT CODE -CHAPTER 81 Page 1 of 1 § 81.003[0]. CLERK. (a) The county clerk is the clerk of the commissioners court. The clerk shall: (1) serve the court during each of its terms; (2) keep the court's books, papers, records, and effects; and (3) issue the notices, writs, and process necessary for the proper execution of the court's powers and duties. {b) The court shall require the clerk to record the proceedings of each term of the court. This record may be in a paper or electronic format. After each term the clerk shall attest to the accuracy of this record. (c) The clerk shall record the court's authorized proceedings between terms. This record may be in a paper or electronic format. The clerk shall attest to the accuracy of the record. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 301, § 4, eff. Sept. 1, 2003. http://www.capitol.state.tx.us/cgi-bin/cgcgi?CQ_SES SION_KEY=VPKJIIQCSKCQ&CQ... 3/30/2005 ''8(R) HB 2931 -Enrolled version -Bill Text jGo To First Hitl Page 1 of 4 H.B. No. 2931 AN ACT relating to the administration and finances of counties and certain other entities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 41.008, Government Code, is amended to read as follows: Sec. 41.008. RECORD [iii]. (a) Each district or county attorney shall keep a record of [ro~ictor of all nic ctficial ] all actions or demands prosecuted or defended by the person [l~.i.aa] as district or county attorney, and all proceedings held in relation to the attorney's [7aa.c] official acts. (b) The record required by Subsection (a) may be in a paper format, an electronic format, or both. A computer record of actions, demands, and proceedings satisfies the requirements of Subsection (a) . [* a;..~r;,,} ..~„ ..~~,.,..,e„ ~~,~„ vee.. ~~,e nee b..-...L .. ..ht~ e.~i 1„ lei F.. ~L, -.~ -.F L.; ] (c) The record [r~gi.cto~] shall be available at all times for inspection by any person appointed to examine it by the governor or by the commissioners court of a county. (d) Each district and county attorney shall deliver a~ portion of the record under the attorney's control to the attorney's r L. 0 1-. .. L ~ L. ~ f L. F e .- ~ .. H ; [ww~ww.C . :.. iiiiiiici . : ii~iC.~. .. c] successor lri Offlce. SECTION 2. Section 791.003(4), Government Code, is amended to read as follows: (4) "Local government" means a: (A) county, municipality, special district, or other political subdivision of this state or another state; [cr] (B) local government corporation created under Subchapter D, Chapter 431, Transportation Code; (C) political subdivision corporation created under Chapter 304, Local Government Code; or (D) combination of two or more [o#-taco] entities described by Paragraph (A), (B), or (C). SECTION 3. Section 791.013, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows: (a) To supervise the performance of an interlocal contract, the [Tlao] parties to the [ ] contract may_ (1) create an administrative agencyi (2) [ate] designate an existing local government; or (3) contract with an organization that qualifies for exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended, that provides services on behalf of political subdivisions or combinations of political subdivisions and derives more than 50 percent of its gross revenues http://www.capitol.state.tx.us/cgi-bin/cgcgi?CQ_SESSION KEY=FJRTJMDCQIPS&CQ... 3/30/2005 78(R) HB 2931 -Enrolled version -Bill Text from grants, funding, or other income from political subdivisions or combinations of subdivisions [ 1. (b) The agencyL [cam] designated local government, or organization described by Subsection (a)(3) may employ personnel, perform administrative activities, and provide administrative services necessary to perform the interlocal contract. (d) An administrative agency created under this section may acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation: (1) a patent for the invention or discovery of: (A) any new and useful process, machine, manufacture, composition of matter, art, or method; (B) any new use of a known process, machine, manufacture, composition of matter, art, or method; or (C) any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method; (2) a copyright of an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device; (3) a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the agency uses to identify and distinguish the agency's goods and services from other goods and services; and (4) other evidence of protection of exclusivity issued for intellectual property. SECTION 4. Sections 81.003[O](b) and (c), Local Government Code, are amended to read as follows: (b) The court shall require the clerk to record [' iacakc] the proceedings of each term of the court. This record may be in a paper or electronic format. After each term [~'~~.^~~^:T ,..i ..o t},e o ;.i; .... e,,,L.o ~- ..F Fl,e ,-t oh~l l e~ed__~...] ...i] the clerk shall attest to the accuracy of this record. (c} The clerk shall record the court's authorized proceedings between terms. This record may be in a paper or electronic format. The clerk shall attest to the accuracy of the [r,., }tee f; ~* a-.z .,~ ~~.~ ~; r:'- :orm actor thoco prr~coor3ingc, *'~° Cil'~.~.~, .,,a,.e rL,e a ;,a;,, e,,,ti,o,- .,f _tti,e _~ ~ti,,i i ova .,,~ ,~] record. SECTION 5. Subchapter A, Chapter 111, Local Government Code, is amended by adding Section 111.014 to read as follows: Sec. 111.014. RESERVE ITEM. Notwithstanding any other provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.004 (a) in the same manner as a protect for which an a propriation is established in the budget. SECTION 6. Subchapter B, Chapter 111, Local Government Code, is amended by adding Section 111.045 to read as follows: Sec. 111.045. RESERVE ITEM. Notwithstanding any other provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.034 (a) in the same manner as a project for which an appropriation is established in the budget. SECTION 7. Subchapter C, Chapter 111, Local Government Code, is amended by adding Section 111.075 to read as follows: Sec. 111.075. RESERVE ITEM. Notwithstanding any other Page 2 of 4 http://www.capitol.state.tx.us/cgi-bin/cgcgi?CQ_SESSION KEY=FJRTJMDCQIPS&CQ... 3/30/2005 78(R) HB 2931 -Enrolled version -Bill Text provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.063 (a) in the same manner as a project for which an appropriation is established in the budget. SECTION 8. Chapter 180, Local Government Code, is amended by adding Section 180.005 to read as follows: Sec. 180.005. APPOINTMENTS TO LOCAL GOVERNING BODIES. (a) In this section, "local government" means a county, municipality, or other political subdivision of this state. (b) An appointment to the governing body of a local Government shall be made as required by the law applicable to that local government and may be made with the intent to ensure that the governing body is representative of the constituency served by the governing body. (c) A local government that chooses to implement Subsection (b) shall adopt procedures for the implementation. SECTION 9. Subchapter A, Chapter 232, Local Government Code, is amended by adding Section 232.0021 to read as follows: Sec. 232.0021. PLAT APPLICATION FEE. (a) The commissioners court may impose an application fee to cover the cost of the county's review of a subdivision plat and inspection of street, road, and drainage improvements described by the plat. (b) The fee may vary based on the number of proposed lots in the subdivision, the acreage described by the plat, the type or extent of roposed street and drainage improvements, or any other reasonable criteria as determined by the commissioners court. (c) The owner of the tract to be subdivided must pay the fee at the time directed by the county before the county conducts a review of the plat. (d) The fee is subject to refund under Section 232.0025(1). SECTION 10. Section 270.007(1), Local Government Code, is amended to read as follows: (i) A county may not develop a computer application or software system for the sole purpose of selling, licensing, or marketing the software application or software system. SECTION 11. Chapter 270, Local Government Code, is amended by adding Section 270.009 to read as follows: Sec. 270.009. INTELLECTUAL PROPERTY OF COUNTY. A county may acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation: (1) a atent for the invention or discovery of: (A) any new and useful process, machine, manufacture, composition of matter, art, or method; (B) any new use of a known process, machine, manufacture, composition of matter, art, or method; or (C) any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method; (2) a copyright of an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device; (3) a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the county uses to identify and distinguish the county's goods and services from other goods and services; and (4) other evidence of protection of exclusivity issued for intellectual propert Page 3 of 4 http://www.capitol. state.tx.us/cgi-bin/cgcgi?CQ_SESSION_KEY=FJRTJMDCQIP S&CQ... 3/3 0/2005 78(R) HB 2931 -Enrolled version -Bill Text SECTION 12. Sections 114.042, 114.045, 151.902, and 270.007(8), Local Government Code, are repealed. SECTION 13. (a) Section 180.005, Local Government Code, as added by this Act, applies only to an appointment made on or after the effective date of this Act. (b) Section 232.0021, Local Government Code, as added by this Act, applies only to a plat filed on or after the effective date of this Act. SECTION 14. This Act takes effect September 1, 2003. President of the Senate Page 4 of 4 Speaker of the House I certify that H.B. No. 2931 was passed by the House on May 10, 2003, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2931 on May 30, 2003, by a non-record vote. Chief Clerk of the House I certify that H.B. No. 2931 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0. APPROVED: Date Governor jGo To Last Hit~Go To Top of Documentl Secretary of the Senate http://www.capitol.state.tx.us/cgi-bin/cgcgi?CQ_SESSION KEY=FJRTJMDCQIPS&CQ... 3/30/2005