SLC H.B. 751 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 751
By: Crabb
3-31-97
Committee Report (Unamended)



BACKGROUND 

Currently, municipalities have broad powers under state law to
unilaterally annex areas within their extraterritorial jurisdiction (ETJ).
The use of strip annexation by the City of Houston to capture outlying
areas that have either a lucrative tax base, a valuable natural resource,
or an airport has extended the ETJ far beyond what it would otherwise be.
This practice has enabled Houston to annex an outlying residential area
with a population of over 50,000 despite strong opposition from the
community.  The debate has focused on the magnitude of the annexation, the
lack of voter approval, the ability of the city to match services, the net
fiscal impact to the city, and the effect on minority voting strength in
the city.  HB 751 enables the registered voters of an area annexed after
December 1, 1996 by certain municipalities to petition the county for a
disannexation election. 

PURPOSE

As proposed, HB 751 outlines provisions and requirements regarding the
disannexation of certain areas on or after December 1, 1996 by certain
municipalities. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter G, Chapter 43, Local Government Code, by
adding Sec. 43.148 as follows: 
 
 Sec. 43.148.  DISANNEXATION OF CERTAIN AREAS.  
 
 (a) Defines annexed tracts which qualify for a disannexation election.
 
 (b) Provides the petition requirements and deadlines.
 
 (c) States that if the county clerk fails to validate the petition under
deadlines in Subchapter (b), then the county judge shall order the
election to be held. 

 (d) States that only registered voters residing in the annexed tract may
vote in the election.  The municipality that annexed the tract shall pay
for the cost of the election. 

 (e) Provides ballot language.

 (f) Provides for the reestablishment of abolished districts and its
officers should the proposition pass. 

 (g) Disallows future elections under this section should the proposition
fail. 

 (h) Allows for reannexation of the area if voters in the proposed area to
be reannexed  approve the measure in an election. 

 (i) This section sets forth that an arbitration panel shall be appointed.
The section also sets up the composition of the panel. 

 (j) Sets forth the duties of the arbitration panel.  States that the
panel shall render a decision on compensation no later than the 120th day
after the date of the disannexation. 

 (k) States that the arbitration panel's decision is reviewable in the
district court of the county under the substantial evidence rule. 

 (l) The arbitration is subject to Chapter 171, Civil Practice and
Remedies Code, except as provided under this section. 

 (m) States that a tract of land is considered to be located in the county
in which a majority of the area of the tract is located. 

 (n) Provides for the election related duties of the county judge and
county clerk if the tract is located in more than one county. 

 (o) States that the election returns in each county are to be combined to
determine if the disannexation is approved in the tract as a whole. 

SECTION 2.  Emergency clause.  Effective date.