73R8124 DWS-F
          By Hilbert                                            H.B. No. 1246
          Substitute the following for H.B. No. 1246:
          By Madden                                         C.S.H.B. No. 1246
                                 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  a municipality.
    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.  Sections 43.056(b) and (c), Local Government
   1-20  Code, are amended to read as follows:
   1-21        (b)  The service plan must include a program under which the
   1-22  municipality will provide full municipal services in the annexed
   1-23  area no later than 4 1/2  years after the effective date of the
   1-24  annexation, in accordance with Subsection (d).  However, under the
    2-1  program the municipality must:
    2-2              (1)  provide the following services in the area on and
    2-3  <within 60 days> after the effective date of the annexation of the
    2-4  area:
    2-5                    (A) <(1)>  police protection; and
    2-6                    (B) <(2)  fire protection;>
    2-7                    <(3)>  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) <(4)>  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) <(5)>  maintenance of roads and streets,
   2-20  including road and street lighting;
   2-21                    (C) <(6)>  maintenance of parks, playgrounds, and
   2-22  swimming pools; <and>
   2-23                    (D) <(7)>  maintenance of any other publicly
   2-24  owned 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.