(a) A municipality may use this subchapter only if the municipality:
(1) is incorporated under the home-rule amendment to the constitution (Article XI, Section 5, of the Texas Constitution); or
(2) is incorporated under a general or special law and the municipality has the authority to levy an ad valorem tax of not less than $1.50 on each $100 valuation of taxable property in the municipality.
(b) A home-rule municipality may use this subchapter regardless of any provision in the municipality's charter to the contrary.