BILL ANALYSIS



H.B. 2792
By: Shields
April 26, 1995
Committee Report (Unamended)


BACKGROUND

In certain instances, general-law municipalities desire to formally
annex small portions of certain home-rule municipalities.  The
general-law municipalities wish to comply with the request of the
citizens presently living within the bounds of a home-rule
municipality who would rather live within the bounds of the
general-law municipality.  Home-rule municipalities currently have
the final decision in the potential annexation of their territory
by general-law municipalities.

PURPOSE

HB 2792 provides for the ability of certain general-law
municipalities to annex property presently in the possession of
certain home-rule municipalities.  This addition to the present
statute is necessary to provide to citizens important public safety
protections such as access to the most  conveniently located
emergency facilities and to afford citizens some autonomy in
determining the authority under which they wish to live.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Subchapter B, Chapter 43, Local Government Code, is
           amended by adding Section 43.0315, authorizing certain,
           small general-law municipalities in an urban county to
           annex certain areas in populous home-rule
           municipalities, as follows:

           Subsection (a) states that this section applies only to
           annexation of an area that:

               (1)  is 25 acres or less;
               (2)  is located in a home-rule municipality with a
                    population of 900,000 or more and that is in
                    one county; and
               (3)  is adjacent to a general-law municipality with
                    a population of less than 3,500.

           Subsection (b) provides that the general-law
           municipality may annex the area if:

               (1)  the nearest police or fire protection is
                    operated by the general-law municipality;
               (2)  the nearest police or fire protection in the
                    home-rule municipality is more than four miles
                    from the residential dwellings; and
               (3)  a majority of the voters petition the general-law municipality for annexation in writing.

           Subsection (c) provides that on or before the 30th day
           after the day the petition is filed with the general-law
           municipality, the municipality may grant or refuse the
           petition.


           Subsection (d) provides that if the petition is granted,
           annexation may occur.  Outstanding liabilities are
           assumed by the general-law municipality, including the
           pro rata share of bond obligations.

SECTION 2. Emergency clause.  Effective upon passage.

SUMMARY OF COMMITTEE ACTION

H.B. 2792 was considered by the committee in a public hearing on
April 25, 1995.

The following persons testified in favor of the bill:

           Representative John Shields;
           Mark Rizzo, representing the residents of Merry Trail,
           San Antonio, Texas; and
           Mayor Ralph Hoggatt, representing himself.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
ayes, 0 nays, 0 pnv, 4 absent.