By Hilbert, et al. H.B. No. 728
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the annexation of and provision of services to areas by
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.053, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 43.053. PERIOD FOR COMPLETION OF ANNEXATION; EFFECTIVE
1-8 DATE. (a) The annexation of an area must be completed within 90
1-9 days after the date the governing body institutes the annexation
1-10 proceedings or those proceedings are void. Any period during which
1-11 the municipality is restrained or enjoined by a court of competent
1-12 jurisdiction from annexing the area is not included in computing
1-13 the 90-day period.
1-14 (b) Notwithstanding any provision of a municipal charter to
1-15 the contrary, the governing body of a municipality with a
1-16 population of 1.5 million or more may provide that an annexation
1-17 take effect on any date within 90 days after the date of the
1-18 adoption of the ordinance providing for the annexation.
1-19 SECTION 2. Section 43.056, Local Government Code, is amended
1-20 by adding Subsection (b-1) and amending Subsection (c) to read as
1-21 follows:
1-22 (b-1) The service plan of a municipality with a population
1-23 of 1.5 million or more must include a program under which the
1-24 municipality will provide full municipal services in the annexed
2-1 area no later than 4-1/2 years after the effective date of the
2-2 annexation, in accordance with Subsection (d). However, under the
2-3 program the municipality must:
2-4 (1) provide the following services in the area on and
2-5 after the effective date of the annexation of the area:
2-6 (A) police protection; and
2-7 (B) solid waste collection;
2-8 (2) provide the following services in the area within
2-9 30 days after the effective date of the annexation of the area, if
2-10 the services are provided through a contract between the
2-11 municipality and a service provider:
2-12 (A) emergency medical service; and
2-13 (B) fire protection; and
2-14 (3) provide the following services in the area within
2-15 60 days after the effective date of the annexation of the area:
2-16 (A) maintenance of water and wastewater
2-17 facilities in the annexed area that are not within the service area
2-18 of another water or wastewater utility;
2-19 (B) maintenance of roads and streets, including
2-20 road and street lighting;
2-21 (C) maintenance of parks, playgrounds, and
2-22 swimming pools;
2-23 (D) maintenance of any other publicly owned
2-24 facility, building, or service; and
2-25 (E) emergency medical service and fire
2-26 protection, if the services are provided by municipal personnel and
2-27 equipment.
3-1 (c) For purposes of this section, "full municipal services"
3-2 means services funded in whole or in part by municipal taxation and
3-3 provided by the annexing municipality within its full-purpose
3-4 boundaries. A municipality with a population of 1.5 million or
3-5 more may provide all or part of the municipal services required
3-6 under the service plan by contracting with service providers. If
3-7 the municipality owns a water and wastewater utility, the
3-8 municipality shall, subject to this section, extend water and
3-9 wastewater service to any annexed area not within the service area
3-10 of another water or wastewater utility. If the municipality
3-11 annexes territory included within the boundaries of a municipal
3-12 utility district or a water control and improvement district, the
3-13 municipality shall comply with applicable state law relating to
3-14 annexation of territory within a municipal utility district or a
3-15 water control and improvement district. The service plan shall
3-16 summarize the service extension policies of the municipal water and
3-17 wastewater utility.
3-18 SECTION 3. This Act applies only to an annexation the
3-19 effective date of which is on or after the effective date of this
3-20 Act.
3-21 SECTION 4. This Act takes effect September 1, 1993.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.