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.