By Bailey H.B. No. 1231
75R4836 MRB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of services to areas annexed by certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.056, Local Government Code, is amended
1-6 by amending Subsections (b-1) and (c) and by redesignating part of
1-7 Subsection (c) as Subsection (c-1) to read as follows:
1-8 (b-1) The service plan of a municipality with a population
1-9 of 1.5 million or more must include a program under which the
1-10 municipality will provide full municipal services in the annexed
1-11 area no later than 4 1/2 years after the effective date of the
1-12 annexation, in accordance with Subsection (d). However, under the
1-13 program the municipality must:
1-14 (1) provide the following services in the area on and
1-15 after the effective date of the annexation of the area:
1-16 (A) police protection; [and]
1-17 (B) solid waste collection;
1-18 [(2) provide the following services in the area within
1-19 30 days after the effective date of the annexation of the area, if
1-20 the services are provided through a contract between the
1-21 municipality and a service provider:]
1-22 (C) [(A)] emergency medical service; and
1-23 (D) [(B)] fire protection; and
1-24 (2) [(3)] provide the following services in the area
2-1 within 60 days after the effective date of the annexation of the
2-2 area:
2-3 (A) maintenance of water and wastewater
2-4 facilities in the annexed area that are not within the service area
2-5 of another water or wastewater utility;
2-6 (B) maintenance of roads and streets, including
2-7 road and street lighting;
2-8 (C) maintenance of parks, playgrounds, and
2-9 swimming pools; and
2-10 (D) maintenance of any other publicly owned
2-11 facility, building, or service[; and]
2-12 [(E) emergency medical service and fire
2-13 protection, if the services are provided by municipal personnel and
2-14 equipment].
2-15 (c) For purposes of this section, "full municipal services"
2-16 means services funded in whole or in part by municipal taxation and
2-17 provided by the annexing municipality within its full-purpose
2-18 boundaries.
2-19 (c-1) Except for police protection, solid waste collection,
2-20 emergency medical service, and fire protection, a [A] municipality
2-21 with a population of 1.5 million or more may provide all or part
2-22 of the municipal services required under the service plan by
2-23 contracting with service providers. The municipality must provide
2-24 police protection, solid waste collection, emergency medical
2-25 service, and fire protection by using municipal personnel and
2-26 equipment. If the municipality has adopted Chapter 143, Local
2-27 Government Code, the municipality must provide police and fire
3-1 protection by municipal personnel classified under that chapter. If
3-2 the municipality owns a water and wastewater utility, the
3-3 municipality shall, subject to this section, extend water and
3-4 wastewater service to any annexed area not within the service area
3-5 of another water or wastewater utility. If the municipality
3-6 annexes territory included within the boundaries of a municipal
3-7 utility district or a water control and improvement district, the
3-8 municipality shall comply with applicable state law relating to
3-9 annexation of territory within a municipal utility district or a
3-10 water control and improvement district. The service plan shall
3-11 summarize the service extension policies of the municipal water and
3-12 wastewater utility.
3-13 SECTION 2. The change in law made by this Act to Section
3-14 43.056, Local Government Code, applies only to an annexation for
3-15 which the first hearing notice required by Section 43.052, Local
3-16 Government Code, is published on or after the effective date of
3-17 this Act. An annexation for which the first hearing notice is
3-18 published before that date is governed by the law in effect at the
3-19 time the notice is published, and the former law is continued in
3-20 effect for that purpose.
3-21 SECTION 3. This Act takes effect September 1, 1997.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.