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.