74R4959 PAM-D
By Combs, Krusee H.B. No. 564
Substitute the following for H.B. No. 564:
By Combs C.S.H.B. No. 564
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain home-rule municipalities to obtain
1-3 annexation approval from voters in the area 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 43.0225 to read as follows:
1-7 Sec. 43.0225. VOTER APPROVAL IN AREA TO BE ANNEXED BY
1-8 CERTAIN HOME-RULE MUNICIPALITIES REQUIRED. (a) This section
1-9 applies only to a home-rule municipality that has a charter
1-10 provision allowing for limited-purpose annexation and has annexed
1-11 territory for a limited purpose.
1-12 (b) A home-rule municipality may annex an area with 50 or
1-13 more inhabitants only if:
1-14 (1) the municipality holds an election in the area to
1-15 be annexed for which the ballots are printed to provide for voting
1-16 for or against the proposition: "Annexation of the area described
1-17 in the municipal order calling this election, generally described
1-18 as (a general description of the area to be annexed)"; and
1-19 (2) a majority of the votes received at the election
1-20 favor the annexation.
1-21 (c) The general description on the ballot proposition may
1-22 not be a metes and bounds description or a legal description and
1-23 need not exactly describe the boundaries of the area. The
1-24 description may refer to land features, landmarks, streets or
2-1 highways, subdivision names, or other commonly understood points of
2-2 reference to provide the voters with a reasonable general
2-3 understanding of the area to be annexed.
2-4 (d) The election order and the notice of the election must
2-5 describe the area to be annexed by metes and bounds or by a legal
2-6 description and must generally describe the area to be annexed.
2-7 The general description is subject to the same provisions that
2-8 apply under Subsection (c) to the general description on a ballot
2-9 proposition.
2-10 (e) If the annexation is not approved as required by
2-11 Subsection (b), the municipality may not initiate annexation
2-12 proceedings in any part of the area until after the fifth
2-13 anniversary of the date of the election.
2-14 SECTION 2. The changes in law made by this Act by the
2-15 addition of Section 43.0225, Local Government Code, apply only to
2-16 an annexation for which the first hearing notice required by
2-17 Section 43.052, Local Government Code, is published on or after the
2-18 effective date of this Act. An annexation for which the first
2-19 hearing notice is published before that date is governed by the law
2-20 in effect at the time the notice is published, and the former law
2-21 is continued in effect for that purpose.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.