By Hilbert, Hamric, Brady, Culberson H.B. No. 1300
74R5738 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain annexations by a municipality with a population
1-3 of more than 1.5 million.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 43, Local Government Code,
1-6 is amended by adding Section 43.0541 to read as follows:
1-7 Sec. 43.0541. ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF
1-8 MORE THAN 1.5 MILLION. (a) A municipality with a population of
1-9 more than 1.5 million may not annex a strip of area following the
1-10 course of a road, highway, river, stream, creek, or other natural
1-11 or constructed feature if the commissioners court of the county in
1-12 which a majority of the area is located, by resolution, finds that
1-13 the area:
1-14 (1) is composed primarily of commercial property or
1-15 property with a high taxable value;
1-16 (2) is part of a larger area in which a sense of
1-17 community exists among a significant number of the residents and
1-18 landowners; and
1-19 (3) does not include all parts of the larger area in
1-20 which the sense of community exists.
1-21 (b) To prevent the annexation, the commissioners court must
1-22 adopt the resolution before the completion of the annexation by the
1-23 municipality.
1-24 (c) Each finding by a commissioners court under this section
2-1 shall be reviewed by an annexation review committee consisting of:
2-2 (1) the county judge;
2-3 (2) a county commissioner designated by the
2-4 commissioners court;
2-5 (3) a member of the governing body of the municipality
2-6 designated by that governing body;
2-7 (4) a person appointed by the state representative
2-8 whose district includes the majority of the area proposed for
2-9 annexation; and
2-10 (5) a person appointed by the state senator whose
2-11 district includes the majority of the area proposed for annexation.
2-12 (d) The designations and appointments to the committee shall
2-13 be made not later than the 14th day after the date of the adoption
2-14 of the commissioners court resolution.
2-15 (e) The county judge is the presiding officer of the
2-16 committee. The committee shall meet at the call of the presiding
2-17 officer at a place convenient to the majority of the area proposed
2-18 for annexation.
2-19 (f) The committee may affirm or reverse the finding of the
2-20 commissioners court. The committee must issue its decision not
2-21 later than the 60th day after the date of the adoption of the
2-22 commissioners court resolution. The decision of the committee may
2-23 be appealed to a district court serving the county in which a
2-24 majority of the area proposed for annexation is located. The
2-25 district court may not substitute its judgment for that of the
2-26 commissioners court or the annexation review committee unless the
2-27 decision by the commissioners court or the committee was arbitrary,
3-1 capricious, unlawful, or not supported by substantial evidence.
3-2 (g) If the finding of the commissioners court is reversed by
3-3 the annexation review committee or by a court, the time during
3-4 which the municipality was prevented from annexing the area as a
3-5 result of the commissioners court resolution is not included in
3-6 computing the period within which the municipality must complete
3-7 the annexation under Section 43.053.
3-8 SECTION 2. This Act applies only to an annexation begun on
3-9 or after the effective date of this Act.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.