By Yost                                                H.B. No. 311
       74R1196 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring a municipality to hold an election in an area
    1-3  proposed to be annexed.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 43, Local Government Code,
    1-6  is amended by adding Section 43.0215 to read as follows:
    1-7        Sec. 43.0215.  VOTER APPROVAL OF ANNEXATION REQUIRED IN
    1-8  GENERAL.  (a)  A municipality may not annex an area for full or
    1-9  limited purposes unless:
   1-10              (1)  the municipality holds in the area an election, at
   1-11  which the qualified voters of the area may vote, on the question of
   1-12  the annexation; and
   1-13              (2)  a majority of the votes received at the election
   1-14  approve the annexation.
   1-15        (b)  This section does not apply to an annexation of an area
   1-16  if:
   1-17              (1)  no qualified voters reside in the area; or
   1-18              (2)  the annexation is authorized by or subject to
   1-19  another section of this chapter, other than Section 43.021.
   1-20        (c)  The municipality shall pay for the cost of holding the
   1-21  election.
   1-22        SECTION 2.  The changes in law made by this Act by the
   1-23  addition of Section 43.0215, Local Government Code, apply only to
   1-24  an annexation for which the first hearing notice required by
    2-1  Section 43.052, Local Government Code, is published on or after
    2-2  September 1, 1995.  An annexation for which the first hearing
    2-3  notice is published before that date is governed by the law in
    2-4  effect at the time the notice is published, and the prior law is
    2-5  continued in effect for that purpose.
    2-6        SECTION 3.  This Act takes effect September 1, 1995.
    2-7        SECTION 4.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.