SRC-JRN S.B. 956 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 956
By: Lindsay
Intergovernmental Relations
3-12-97
As Filed


DIGEST 

Currently, no state law exists allowing a municipality to contract with
service providers in newly annexed areas.  Residents of proposed areas to
be annexed do not have the option of retaining their own service
providers.  This bill sets forth provisions for contracting with service
providers in newly annexed areas and requires a municipality to hold an
election in the area to be annexed on the issue of retaining existing
service providers after annexation, if certain conditions are met. 

PURPOSE

As proposed, S.B. 956 requires a municipality to hold an election in the
area to be annexed on the issue of retaining existing service providers
after annexation, if certain conditions are met.  

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 Chapter 43C, Local Government Code, by adding Section
43.058, as follows: 

Sec. 43.058. PROVISION OF CERTAIN SERVICES IN NEWLY ANNEXED AREA. (a)
Requires a municipality to contract with existing service providers in an
area the municipality proposes to annex to continue to provide services
for a certain period, if a majority of the voters in the area to be
annexed vote to require the municipality to contract with the providers.   

(b) Requires an election under Subsection (a) to be held if the county
clerk of an area proposed to be annexed receives a petition from at least
10 percent of the registered voters requesting an election.  Requires the
petition to be filed by the 30th day after the date the municipality
prepares a service plan under Section 43.056.  Requires the county clerk
to determine the validity of the petition under Chapter 277, Election Code
by the 30th day after the date the petition is received. 

(c) Requires the county clerk, if the clerk determines that a petition is
valid or fails to make a determination within the time prescribed by
Subsection (b), to certify that fact to the governing body of the
municipality and to the commissioners court of the county in which the
majority of the area to be annexed is located.  Requires the county to
order and conduct the election in the area to be annexed, on the first
uniform election date occurring 45 days after the date the clerk's
certification is received by the governing body and the commissioner's
court.   

(d) Requires the election ballots to be prepared in a certain manner.
Requires the county to base the name of the tract on a name commonly used
in the region to identify the tract. 

(e) Prohibits the municipality from annexing any portion of the area until
the municipality has entered into a 10-year contract with the existing
service providers, if more than 50 percent of the votes received in the
election approve of the proposition. 
 
(f) Provides that this section does not apply to an annexation of an area
if no qualified voters reside in the area.   

(g) Requires the municipality to pay for the cost of holding the election.

SECTION 2. Emergency clause.
  Effective date: upon passage.