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.