By: Hilbert H.B. No. 1246
73R4307 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to services provided in areas annexed by a municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 43.056(b) and (e), Local Government
1-5 Code, are amended to read as follows:
1-6 (b) The service plan must include a program under which the
1-7 municipality will provide full municipal services in the annexed
1-8 area no later than 4 1/2 years after the effective date of the
1-9 annexation, in accordance with Subsection (d). However, under the
1-10 program the municipality must provide the following services in the
1-11 area on and <within 60 days> after the effective date of the
1-12 annexation of the area:
1-13 (1) police protection;
1-14 (2) fire protection;
1-15 (3) solid waste collection;
1-16 (4) maintenance of water and wastewater facilities in
1-17 the annexed area that are not within the service area of another
1-18 water or wastewater utility;
1-19 (5) maintenance of roads and streets, including road
1-20 and street lighting;
1-21 (6) maintenance of parks, playgrounds, and swimming
1-22 pools; <and>
1-23 (7) maintenance of any other publicly owned facility,
1-24 building, or service; and
2-1 (8) emergency medical service, if the municipality
2-2 provides that service in other areas of the municipality.
2-3 (e) A service plan may not:
2-4 (1) require the creation of another political
2-5 subdivision;
2-6 (2) require a landowner in the area to fund the
2-7 capital improvements necessary to provide municipal services in a
2-8 manner inconsistent with Chapter 395 unless otherwise agreed to by
2-9 the landowner; or
2-10 (3) provide fewer services or lower levels of services
2-11 in the area than were in existence in the area immediately
2-12 preceding the date of the annexation except that if more services
2-13 or higher levels of services are <or that are otherwise> available
2-14 in other parts of the municipality with land uses and population
2-15 densities similar to those reasonably contemplated or projected in
2-16 the annexed area the service plan must require the municipality to
2-17 provide the additional services and the higher levels of services
2-18 in the annexed area.
2-19 SECTION 2. This Act applies only to an annexation the
2-20 effective date of which is on or after the effective date of this
2-21 Act.
2-22 SECTION 3. This Act takes effect September 1, 1993.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.