H.B. No. 728 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.