1-1 By: Hilbert, et al. (Senate Sponsor - Henderson) H.B. No. 728
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the annexation of and provision of services to areas by
1-23 certain municipalities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 43.053, Local Government Code, is amended
1-26 to read as follows:
1-27 Sec. 43.053. PERIOD FOR COMPLETION OF ANNEXATION; EFFECTIVE
1-28 DATE. (a) The annexation of an area must be completed within 90
1-29 days after the date the governing body institutes the annexation
1-30 proceedings or those proceedings are void. Any period during which
1-31 the municipality is restrained or enjoined by a court of competent
1-32 jurisdiction from annexing the area is not included in computing
1-33 the 90-day period.
1-34 (b) Notwithstanding any provision of a municipal charter to
1-35 the contrary, the governing body of a municipality with a
1-36 population of 1.5 million or more may provide that an annexation
1-37 take effect on any date within 90 days after the date of the
1-38 adoption of the ordinance providing for the annexation.
1-39 SECTION 2. Section 43.056, Local Government Code, is amended
1-40 by adding Subsection (b-1) and amending Subsection (c) to read as
1-41 follows:
1-42 (b-1) The service plan of a municipality with a population
1-43 of 1.5 million or more must include a program under which the
1-44 municipality will provide full municipal services in the annexed
1-45 area no later than 4-1/2 years after the effective date of the
1-46 annexation, in accordance with Subsection (d). However, under the
1-47 program the municipality must:
1-48 (1) provide the following services in the area on and
1-49 after the effective date of the annexation of the area:
1-50 (A) police protection; and
1-51 (B) solid waste collection;
1-52 (2) provide the following services in the area within
1-53 30 days after the effective date of the annexation of the area, if
1-54 the services are provided through a contract between the
1-55 municipality and a service provider:
1-56 (A) emergency medical service; and
1-57 (B) fire protection; and
1-58 (3) provide the following services in the area within
1-59 60 days after the effective date of the annexation of the area:
1-60 (A) maintenance of water and wastewater
1-61 facilities in the annexed area that are not within the service area
1-62 of another water or wastewater utility;
1-63 (B) maintenance of roads and streets, including
1-64 road and street lighting;
1-65 (C) maintenance of parks, playgrounds, and
1-66 swimming pools;
1-67 (D) maintenance of any other publicly owned
1-68 facility, building, or service; and
2-1 (E) emergency medical service and fire
2-2 protection, if the services are provided by municipal personnel and
2-3 equipment.
2-4 (c) For purposes of this section, "full municipal services"
2-5 means services funded in whole or in part by municipal taxation and
2-6 provided by the annexing municipality within its full-purpose
2-7 boundaries. A municipality with a population of 1.5 million or
2-8 more may provide all or part of the municipal services required
2-9 under the service plan by contracting with service providers. If
2-10 the municipality owns a water and wastewater utility, the
2-11 municipality shall, subject to this section, extend water and
2-12 wastewater service to any annexed area not within the service area
2-13 of another water or wastewater utility. If the municipality
2-14 annexes territory included within the boundaries of a municipal
2-15 utility district or a water control and improvement district, the
2-16 municipality shall comply with applicable state law relating to
2-17 annexation of territory within a municipal utility district or a
2-18 water control and improvement district. The service plan shall
2-19 summarize the service extension policies of the municipal water and
2-20 wastewater utility.
2-21 SECTION 3. This Act applies only to an annexation the
2-22 effective date of which is on or after the effective date of this
2-23 Act.
2-24 SECTION 4. This Act takes effect September 1, 1993.
2-25 SECTION 5. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
2-28 constitutional rule requiring bills to be read on three several
2-29 days in each house be suspended, and this rule is hereby suspended.
2-30 * * * * *
2-31 Austin,
2-32 Texas
2-33 May 25, 1993
2-34 Hon. Bob Bullock
2-35 President of the Senate
2-36 Sir:
2-37 We, your Committee on Intergovernmental Relations to which was
2-38 referred H.B. No. 728, have had the same under consideration, and I
2-39 am instructed to report it back to the Senate with the
2-40 recommendation that it do pass and be printed.
2-41 Armbrister,
2-42 Chairman
2-43 * * * * *
2-44 WITNESSES
2-45 FOR AGAINST ON
2-46 ___________________________________________________________________
2-47 Name: Jim Short x
2-48 Representing: City of Houston
2-49 City: Fulshear
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