By: Wentworth S.B. No. 530
A BILL TO BE ENTITLED
AN ACT
1-1 relating to requiring certain home-rule municipalities to obtain
1-2 annexation approval from voters in the area to be annexed.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 43, Local Government Code,
1-5 is amended by adding Section 43.0225 to read as follows:
1-6 Sec. 43.0225. VOTER APPROVAL IN AREA TO BE ANNEXED BY
1-7 CERTAIN HOME-RULE MUNICIPALITIES REQUIRED. (a) This section
1-8 applies only to a home-rule municipality that has a charter
1-9 provision allowing for limited-purpose annexation and has annexed
1-10 territory for a limited purpose.
1-11 (b) A home-rule municipality may annex an area with 50 or
1-12 more inhabitants only if:
1-13 (1) the municipality holds an election in the area to
1-14 be annexed for which the ballots are printed to provide for voting
1-15 for or against the proposition: "Annexation of the area described
1-16 in the municipal order calling this election, generally described
1-17 as (a general description of the area to be annexed)"; and
1-18 (2) a majority of the votes received at the election
1-19 favor the annexation.
1-20 (c) The general description on the ballot proposition may
1-21 not be a metes and bounds description or a legal description and
1-22 need not exactly describe the boundaries of the area. The
1-23 description may refer to land features, landmarks, streets or
1-24 highways, subdivision names, or other commonly understood points of
2-1 reference to provide the voters with a reasonable general
2-2 understanding of the area to be annexed.
2-3 (d) The election order and the notice of the election must
2-4 describe the area to be annexed by metes and bounds or by a legal
2-5 description and must generally describe the area to be annexed.
2-6 The general description is subject to the same provisions that
2-7 apply under Subsection (c) to the general description on a ballot
2-8 proposition.
2-9 (e) If the annexation is not approved as required by
2-10 Subsection (b), the municipality may not initiate annexation
2-11 proceedings in any part of the area until after the fifth
2-12 anniversary of the date of the election.
2-13 SECTION 2. The changes in law made by this Act by the
2-14 addition of Section 43.0225, Local Government Code, apply only to
2-15 an annexation for which the first hearing notice required by
2-16 Section 43.052, Local Government Code, is published on or after the
2-17 effective date of this Act. An annexation for which the first
2-18 hearing notice is published before that date is governed by the law
2-19 in effect at the time the notice is published, and the former law
2-20 is continued in effect for that purpose.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.