By Shields H.B. No. 2792
74R7990 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the annexation of an area in certain home-rule
1-3 municipalities by certain general-law municipalities.
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 43.0315 to read as follows:
1-7 Sec. 43.0315. AUTHORITY OF SMALL GENERAL-LAW MUNICIPALITY IN
1-8 URBAN COUNTY TO ANNEX CERTAIN AREA IN POPULOUS HOME-RULE
1-9 MUNICIPALITY. (a) This section applies only to the annexation of
1-10 an area that:
1-11 (1) is 25 acres or less in size;
1-12 (2) is located in a home-rule municipality with a
1-13 population of 900,000 or more located entirely in one county; and
1-14 (3) is adjacent to a general-law municipality with a
1-15 population of less than 3,500.
1-16 (b) The general-law municipality may annex the area if:
1-17 (1) the nearest police protection or fire protection
1-18 facility to all residential dwellings in the area is operated by
1-19 the general-law municipality;
1-20 (2) the nearest police or fire protection facility in
1-21 the home-rule municipality is more than four miles from the
1-22 residential dwellings in the area; and
1-23 (3) a majority of the registered voters petition the
1-24 governing body of the general-law municipality in writing to annex
2-1 the area.
2-2 (c) On or before the 30th day after the date the petition is
2-3 filed with the clerk or secretary of the general-law municipality,
2-4 the governing body of the municipality may grant or refuse the
2-5 petition.
2-6 (d) If the governing body grants the petition, the governing
2-7 body by ordinance may annex the area. All outstanding liabilities
2-8 of the area are assumed by the general-law municipality. The
2-9 general-law municipality shall assume the pro rata share of bond
2-10 obligations attributable to the area that were in existence at the
2-11 time the area was annexed by the general-law municipality and shall
2-12 pay annually the pro rata share to the home-rule municipality.
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.