SRC-TNM S.B. 955 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 955
By: Lindsay
Intergovernmental Relations
3-14-97
As Filed


DIGEST 

Currently, residents of an area to be annexed are allocated a certain
amount of time for discourse, input and public debate on the services to
be provided.  However, there is some concern as to whether or not the time
allocated has been sufficient.  S.B. 955 would give residents of an area
to be annexed an opportunity for constructive input and additional public
debate on the services to be provided.  This would be accomplished by
publishing a description of the service plan in addition to notice of the
hearings prior to the hearings being conducted.  The bill also increases
the number of hearings a city must conduct before instituting annexation
proceedings.  The increase in the time frame would allow for more
discourse between the municipality and the area to be annexed.   

PURPOSE

As proposed, S.B. 955 outlines provisions regarding requirements for
municipal annexation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 43.052(a) and (c), Local Government Code, to
require the governing body of a municipality to conduct three, rather than
two, public hearings at which persons interested in the annexation are
given the opportunity to be heard, before the municipality may institute
annexation proceedings.  Requires the hearings to be conducted on or after
the 90th, rather than the 40th, day but before the 60th, rather than the
20th, day before the date of the institution of the proceedings.  Requires
the municipality to publish notice of the hearings and a brief description
of the proposed service plan required under Section 43.056, Local
Government Code, in a newspaper of general circulation in the municipality
and in the area proposed for annexation.  Requires the notice for each
hearing and description of the service plan to be published at least once
on or after the 20th day but before the 10th day before the date of the
hearing.  

SECTION 2. Amends Section 43.056(h), Local Government Code, to provide
that on approval by the governing body of the municipality and the
governing bodies of any municipal utility or other special districts that
serve the area, the service plan is a contractual obligation that is not
subject to amendment or repeal except that if the governing body of the
municipality determines at the public hearings required by this subsection
that changed conditions or subsequent occurrences make the service plan
unworkable or obsolete, the municipality, rather than the governing body,
may amend the service plan to conform to the changed conditions or
subsequent occurrences.  Requires an amended service plan to provide for
services that are comparable to or better than those established in the
area immediately before the annexation, rather than in the service plan
before amendment. Makes a conforming change. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.