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.