By Hilbert                                       H.B. No. 265

      75R2267 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain annexations by a municipality with a population

 1-3     of more than 1.5 million.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 43, Local Government Code,

 1-6     is amended by adding Section 43.0541 to read as follows:

 1-7           Sec. 43.0541.  ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF

 1-8     MORE THAN 1.5 MILLION.  (a)  A municipality with a population of

 1-9     more than 1.5 million may not annex a strip of area following the

1-10     course of a road, highway, river, stream, creek, or other natural

1-11     or constructed feature if the commissioners court of the county in

1-12     which a majority of the area is located, by resolution, finds that

1-13     the area:

1-14                 (1)  is composed primarily of commercial property or

1-15     property with a high taxable value;

1-16                 (2)  is part of a larger area in which a sense of

1-17     community exists among a significant number of the residents and

1-18     landowners; and

1-19                 (3)  does not include all parts of the larger area in

1-20     which the sense of community exists.

1-21           (b)  To prevent the annexation, the commissioners court must

1-22     adopt the resolution before the completion of the annexation by the

1-23     municipality.

1-24           (c)  Each finding by a commissioners court under this section

 2-1     shall be reviewed by an annexation review committee consisting of:

 2-2                 (1)  the county judge;

 2-3                 (2)  a county commissioner designated by the

 2-4     commissioners court;

 2-5                 (3)  a member of the governing body of the municipality

 2-6     designated by that governing body;

 2-7                 (4)  a person appointed by the state representative

 2-8     whose district includes the majority of the area proposed for

 2-9     annexation; and

2-10                 (5)  a person appointed by the state senator whose

2-11     district includes the majority of the area proposed for annexation.

2-12           (d)  The designations and appointments to the committee shall

2-13     be made not later than the 14th day after the date of the adoption

2-14     of the commissioners court resolution.

2-15           (e)  The county judge is the presiding officer of the

2-16     committee.  The committee shall meet at the call of the presiding

2-17     officer at a place convenient to the majority of the area proposed

2-18     for annexation.

2-19           (f)  The committee may affirm or reverse the finding of the

2-20     commissioners court.  The committee must issue its decision not

2-21     later than the 60th day after the date of the adoption of the

2-22     commissioners court resolution.  The decision of the committee may

2-23     be appealed to a district court serving the county in which a

2-24     majority of the area proposed for annexation is located.  The

2-25     district court may not substitute its judgment for that of the

2-26     commissioners court or the annexation review committee unless the

2-27     decision by the commissioners court or the committee was arbitrary,

 3-1     capricious, unlawful, or not supported by substantial evidence.

 3-2           (g)  If the finding of the commissioners court is reversed by

 3-3     the annexation review committee or by a court, the time during

 3-4     which the municipality was prevented from annexing the area as a

 3-5     result of the commissioners court resolution is not included in

 3-6     computing the period within which the municipality must complete

 3-7     the annexation under Section 43.053.

 3-8           SECTION 2.  This Act applies only to an annexation begun on

 3-9     or after the effective date of this Act.

3-10           SECTION 3.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.