By Combs, Krusee                                       H.B. No. 564
       74R1785 PAM-F
                                 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              (1)  applies only to a home-rule municipality that:
   1-10                    (A)  has a population of more than 400,000;
   1-11                    (B)  has a charter provision allowing
   1-12  limited-purpose annexation; and
   1-13                    (C)  has disannexed territory that was annexed
   1-14  for a limited purpose; and
   1-15              (2)  does not apply to the annexation of an area
   1-16  described by another statute that requires:
   1-17                    (A)  an election at which the voters in the area
   1-18  to be annexed may vote on the question of the annexation; or
   1-19                    (B)  the approval of the annexation by another
   1-20  municipality affected by the annexation.
   1-21        (b)  A home-rule municipality may annex an area with 50 or
   1-22  more inhabitants only if:
   1-23              (1)  the municipality holds an election in the area to
   1-24  be annexed for which the ballots are printed to provide for voting
    2-1  for or against the proposition:  "Annexation of the area described
    2-2  in the municipal order calling this election, generally described
    2-3  as (a general description of the area to be annexed)"; and
    2-4              (2)  a majority of the votes received at the election
    2-5  favor the annexation.
    2-6        (c)  The general description on the ballot proposition may
    2-7  not be a metes and bounds description or a legal description and
    2-8  need not exactly describe the boundaries of the area.  The
    2-9  description may refer to land features, landmarks, streets or
   2-10  highways, subdivision names, or other commonly understood points of
   2-11  reference to provide the voters with a reasonable general
   2-12  understanding of the area to be annexed.
   2-13        (d)  The election order and the notice of the election must
   2-14  describe the area to be annexed by metes and bounds or by a legal
   2-15  description and must generally describe the area to be annexed.
   2-16  The general description is subject to the same provisions that
   2-17  apply under Subsection (c) to the general description on a ballot
   2-18  proposition.
   2-19        (e)  If the annexation is not approved as required by
   2-20  Subsection (b), the municipality may not initiate annexation
   2-21  proceedings in any part of the area until after the fifth
   2-22  anniversary of the date of the election.
   2-23        SECTION 2.  The changes in law made by this Act by the
   2-24  addition of Section 43.0225, Local Government Code, apply only to
   2-25  an annexation for which the first hearing notice required by
   2-26  Section 43.052, Local Government Code, is published on or after the
   2-27  effective date of this Act.  An annexation for which the first
    3-1  hearing notice is published before that date is governed by the law
    3-2  in effect at the time the notice is published, and the former law
    3-3  is continued in effect for that purpose.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.