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.