BILL ANALYSIS H.B. 1710 By: Brady April 30, 1995 Committee Report (Unamended) BACKGROUND Current state law provides municipalities with broad authority to annex areas within their respective extraterritorial jurisdictions (ETJs), regardless of whether the residents within those ETJs wish to be incorporated into that particular city. Residents of the areas to be annexed, however, often wish to remain apart from the city, and although public hearings are held, these residents do not have a vote in the annexation process. PURPOSE H.B. 1710 changes the annexation process for cities with a population of 1.6 million or greater by giving residents of such a city's ETJ the ability to determine whether or not they want to become part of that city. Specifically, the legislation would require that the question of annexation be put to a vote in the area to be annexed. If voter approval of annexation were obtained from the residents of the area to be annexed, then the annexation process would go forward. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 Adds Section 43.0215 to Subchapter B, Chapter 43 of the Local Government Code. The Section requires voter approval of annexation. A municipality may not annex an area unless qualified voters of the area to be annexed vote and approve the annexation. This section does not apply if no qualified voters reside in the area, or if annexation is authorized by or subject to another section of this chapter, other than 43.021. The municipality will pay for the costs of the election. SECTION 2 These changes apply only if the first hearing notice of annexation is published after September 1, 1995. Prior law is continued for those whose first hearing notices were published prior to September 1, 1995. SECTION 3 Effective date. Act takes effect September 1, 1995. SECTION 4 Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 1710 was considered by the committee in a public hearing on April 4, 1995. The following person testified in favor of the bill: Representative Kevin Brady. The following persons testified against the bill: Bob Stout, representing Mitchell Energy and Development Corporation; Michael White, representing the Greater Houston Partnership; and Donna Kristaponis, representing the City of Houston. The bill was referred to the Subcommittee on Annexation and ETJs consisting of Representatives Combs, Howard and Krusee. After being recalled from subcommittee, the bill was considered by the committee in a public hearing on April 25, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.