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.