SLC H.B. 2345 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 2345
By: Hightower
4-20-97
Committee Report (Amended)



BACKGROUND 

General law cities have very limited annexation powers.  Historically,
developers or residents of subdivisions adjacent to the city requested
services such as water and sewer from a city.    Under previous law, if
the city had provided this service to other areas in the past under like
circumstances, the city was also obligated to provided service to the
requesting area.  Once water and sewer was provided in the area,
landowners and residents lost interest in petitioning to become part of
the city.  As a result, efforts to plan growth were hampered and
detrimental development patterns occurred in many smaller cities
throughout the state. 

The 72nd Legislature passed a bill that provided very specific
circumstances in which general law cities may annex property without the
consent of residents or landowners on the property. The bill amended the
Local Government Code to improve the inequitable situation created by
detrimental growth patterns around smaller cities. 

PURPOSE

HB 2345 allows, in very limited circumstances, smaller cities to annex
areas that the city will provide certain services to such as water, sewer,
police or fire protection. 

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 B, Chapter 43, Local Government Code, by
adding 43.034 as follows: 

 Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX AREA; CERTAIN
MUNICIPALITIES.  This section states that a general-law municipality may
annex adjacent territory without the consent of any of the residents,
voters, or land owners if:  

  (1)  the municipality has a population of more than 700 but less than
1,000. 

  (2) the procedural rules prescribed by this chapter are met.

  (3) requires that the service plan for police and fire protection at a
level consistent with protection provided in the municipality must be
provided to the annexed area within 10 days after the effective date of
the annexation. 

  (4) prohibits annexation if the landowners and the municipality have not
entered an agreement to annex the area for a certain period of time. 

SECTION 2.  Emergency clause. 

EXPLANATION OF AMENDMENTS
 Committee Amendment No. 1   by:  Bosse

This amendment brackets this legislation to municipalities which have a
population of 7001,000, part of whose boundary is part of a shoreline of a
lake whose normal surface area is 75,000 acres or greater and which is
located completely within the State of Texas.