By Krusee H.B. No. 1027
75R5037 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to commissioners court approval of certain annexations by
1-3 certain 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 43.034 to read as follows:
1-7 Sec. 43.034. COMMISSIONERS COURT APPROVAL OF CERTAIN
1-8 ANNEXATIONS. (a) This section applies only to a proposed
1-9 annexation by a municipality:
1-10 (1) with a population of 300,000 or more;
1-11 (2) with area located in two or more counties;
1-12 (3) with, as a result of the annexation, more than 90
1-13 percent of the municipality's area located in one county; and
1-14 (4) that has annexed any area:
1-15 (A) located in a county in which is located less
1-16 than 10 percent of the municipality's area; and
1-17 (B) that was a publicly or privately owned area,
1-18 including a strip of area following the course of a road, highway,
1-19 river, stream, or creek, if the width of the area is less than
1-20 2,000 feet at any point in the annexed area in the county in which
1-21 is located less than 10 percent of the municipality's area, unless
1-22 the boundaries of the municipality are contiguous to the entire
1-23 area on at least two sides.
1-24 (b) In addition to any other requirements of this chapter,
2-1 before a municipality may complete an annexation of an area in a
2-2 county in which is located less than 10 percent of the
2-3 municipality's area, the municipality must receive the written
2-4 approval of the commissioners court of that county if not later
2-5 than the 30th day after the date of the notice of a first hearing
2-6 required under Section 43.052, the municipality receives a petition
2-7 signed by 10 percent or more of the registered voters of the area
2-8 proposed for annexation.
2-9 (c) Not later than the 15th day after the date of receipt of
2-10 the petition, the municipality shall request approval from the
2-11 commissioners court. The commissioners court shall approve or
2-12 disapprove the annexation not later than the 45th day after the
2-13 date a municipality requests the commissioners court's approval.
2-14 (d) The commissioners court shall grant approval if the
2-15 commissioners court determines:
2-16 (1) that the annexation would positively affect the
2-17 economic development of the county;
2-18 (2) the municipality's plan for providing services or
2-19 developing the area annexed is consistent with the county's plan,
2-20 if any, for providing services or developing the county;
2-21 (3) the annexation would not unduly raise the tax
2-22 burden of residents of the county or the area to be annexed;
2-23 (4) the annexation plan of the municipality provides
2-24 the same or higher level of services to the residents of the area
2-25 than are provided by the county on the date the petition is
2-26 received by the municipality; and
2-27 (5) the annexation would be in the best interests of
3-1 all the county's residents.
3-2 (e) If a commissioners court decides not to grant approval
3-3 of an annexation, the commissioners court shall make a written
3-4 determination of the reasons why the annexation was not approved.
3-5 (f) If a commissioners court makes a determination not to
3-6 grant approval of an annexation under this section, the
3-7 municipality may not attempt to annex any part of the area that was
3-8 proposed for annexation until the fourth anniversary of that
3-9 determination.
3-10 (g) If a commissioners court does not give a municipality
3-11 approval to annex an area under this section, the municipality is
3-12 not, for the purpose of this code, considered to have refused or
3-13 failed to annex an area.
3-14 SECTION 2. This Act takes effect September 1, 1997, and
3-15 applies to any annexation that is not completed before the
3-16 effective date of this Act.
3-17 SECTION 3. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.