By: Shelley S.B. No. 1366
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement that certain home-rule municipalities
1-2 obtain the consent of the voters in certain subdivisions before
1-3 annexing the subdivisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 43, Local Government Code,
1-6 is amended by adding Section 43.106 to read as follows:
1-7 Sec. 43.106. ANNEXATION OF CERTAIN SUBDIVISIONS BY POPULOUS
1-8 HOME-RULE MUNICIPALITY. (a) This section applies only to the
1-9 annexation of a subdivision:
1-10 (1) in which more than 1,000 registered voters reside;
1-11 (2) that has been in existence for at least 10 years
1-12 and for which a plat was prepared and filed as required by law at
1-13 the time of the creation of the subdivision; and
1-14 (3) in which water service, wastewater service,
1-15 electricity service, and solid waste collection service is
1-16 available.
1-17 (b) A home-rule municipality with a population of more than
1-18 1.5 million may not institute annexation proceedings regarding the
1-19 annexation of all or part of the subdivision unless the
1-20 municipality obtains from a majority of the registered voters of
1-21 the subdivision written consent to the annexation. The consent
1-22 must be obtained within the 60 days preceding the date the
1-23 proceedings are instituted.
2-1 SECTION 2. Section 43.106, Local Government Code, as added
2-2 by this Act, applies only to an annexation of all or part of a
2-3 subdivision for which annexation proceedings are instituted on or
2-4 after the effective date of this Act. Proceedings instituted
2-5 before the effective date of this Act are governed by the law in
2-6 effect when the proceedings were instituted and that law is
2-7 continued in effect for that purpose.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.