By Hilbert H.B. No. 266 75R574 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the approval, by certain voters, of annexations by 1-3 certain home-rule municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 43, Local Government Code, 1-6 is amended by adding Section 43.0225 to read as follows: 1-7 Sec. 43.0225. CERTAIN VOTER APPROVAL OF ANNEXATION BY 1-8 POPULOUS HOME-RULE MUNICIPALITY. (a) This section: 1-9 (1) applies only to a home-rule municipality that has 1-10 a population of more than 1.5 million; and 1-11 (2) does not apply to the annexation of an area 1-12 described by another statute that requires: 1-13 (A) an election at which the voters in the area 1-14 to be annexed may vote on the question of the annexation; or 1-15 (B) the approval of the annexation by another 1-16 municipality affected by the annexation. 1-17 (b) The municipality may annex an area with 10 or more 1-18 inhabitants only if: 1-19 (1) the municipality holds an election in the area to 1-20 be annexed for which the ballots are printed to provide for voting 1-21 for or against the proposition: "Annexation of the area described 1-22 in the municipal order calling this election, generally described 1-23 as (a general description of the area to be annexed)"; and 1-24 (2) a majority of the votes received at the election 2-1 favor the annexation. 2-2 (c) The general description on the ballot proposition may 2-3 not be a metes and bounds description or a legal description and 2-4 need not exactly describe the boundaries of the area. The 2-5 description may refer to land features, landmarks, streets or 2-6 highways, subdivision names, or other commonly understood points of 2-7 reference to provide the voters with a reasonable general 2-8 understanding of the area to be annexed. 2-9 (d) The election order and the notice of the election must 2-10 describe the area to be annexed by metes and bounds or by a legal 2-11 description and must generally describe the area to be annexed. 2-12 The general description is subject to the same provisions that 2-13 apply under Subsection (c) to the general description on a ballot 2-14 proposition. 2-15 (e) If the proposed annexation would result in a five 2-16 percent or greater increase in the number of inhabitants or the 2-17 area of the municipality, the municipality may not annex the area 2-18 unless the municipality also holds an election in the municipality 2-19 to approve the annexation and a majority of the votes received at 2-20 the election favor the annexation. The election shall be conducted 2-21 by using the ballot proposition prescribed by Subsection (b)(1) and 2-22 in accordance with Subsections (c) and (d). 2-23 (f) If the annexation is not approved by the voters as 2-24 required by this section, the municipality may not initiate 2-25 annexation proceedings in any part of the area until after the 2-26 second anniversary of the date of the election. 2-27 SECTION 2. The changes in law made by this Act by the 3-1 addition of Section 43.0225, Local Government Code, apply only to 3-2 an annexation for which the first hearing notice required by 3-3 Section 43.052, Local Government Code, is published on or after 3-4 September 1, 1997. An annexation for which the first hearing 3-5 notice is published before that date is governed by the law in 3-6 effect at the time the notice is published, and the former law is 3-7 continued in effect for that purpose. 3-8 SECTION 3. This Act takes effect September 1, 1997. 3-9 SECTION 4. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended.