SLC C.S.H.B. 3240 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 3240
By: Hilderbran
4-25-97
Committee Report (Substituted)



BACKGROUND 

A general law city that involuntarily annexes an area under Section 43.033
of the Local Government Code may immediately reannex that area immediately
upon disannexation of the area in response to a petition by the landowners
and/or voters of the area.  Therefore, when an area is disannexed, that
area faces the possibility of being immediately reannexed.  This potential
for immediate reannexation results in a frustration of the idea that the
people of a disannexed area have a right to disassociate themselves from a
political subdivision that is not serving their needs.  House Bill 3240
protects the will of the people of a disannexed area by prohibiting a
municipality from reannexing an area within five years of the
disannexation. 

PURPOSE

HB 3240 prevent a municipality from reannexing a disannexed area within
five years of the disannexation. 

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 Section 43.033 of the Local Government Code by amending
subsection (b) and adding subsections (c),(d),and (e) as follows: 

(b) states that except as provided by (e), if a municipality disannexes an
area under this subsection, the municipality may discontinue providing the
area with water and sewer service. 

(c) prohibits a municipality from reannexing a disannexed area within five
years of the disannexation. 

(d) prohibits a municipality from collecting ad valorem taxes from any
part of an area disannexed under Subsection (b) for the tax year in which
the municipality disannexes the area. 

(e) states that a municipality may not discontinue water or sewer service
to an island that is disannexed under (b), provides conditions for which
the municipality may not discontinue water or sewer service. 

SECTION 2.  Provides that this Act applies only to a disannexation under
Section 43.033(b), Local Government Code, that occurs on or after the
effective date of this act. 

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

 CSHB 3240 inserts language in (b) that states that "states that except as
provided by (e), if" a municipality disannexes an area under this
subsection, the municipality may discontinue providing the area with water
and sewer service.  The original legislation did not contain this
provision. 

CSHB 3240 inserts (e) that states that a municipality may not discontinue
water or sewer service to an island that is disannexed under (b), provides
conditions for which the municipality may not discontinue water or sewer
service.  The original legislation did not contain these provisions.