By Lewis of Orange H.B. No. 1508
75R5340 MRB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal annexation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.031, Local Government Code, is amended
1-5 to read as follows:
1-6 Sec. 43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE
1-7 BOUNDARIES BY AGREEMENT. (a) Adjacent municipalities may make
1-8 mutually agreeable changes in their boundaries in regard to an area
1-9 [of areas] that is [are] less than 1,000 feet in width if the
1-10 changes are approved by a majority of the registered voters of the
1-11 area and by the owners of at least 50 percent of the land in the
1-12 area.
1-13 (b) The approval must be given in a document signed by the
1-14 registered voters and owners. The document may consist of pages
1-15 that are circulated separately among the voters and owners. The
1-16 document must be entered into the minutes of a meeting of the
1-17 governing body of at least one of the municipalities and must
1-18 contain:
1-19 (1) the signature of the voter or owner;
1-20 (2) the signer's printed name;
1-21 (3) the signer's voter registration number if the
1-22 person signs the document in the capacity of a registered voter;
1-23 (4) the signer's residence address; and
1-24 (5) the date of signing.
2-1 (c) A signature on the document is invalid if the signer
2-2 signed the document earlier than the 180th day before the date the
2-3 document is first entered in the minutes of the governing body of
2-4 one of the municipalities.
2-5 SECTION 2. Section 43.052(b), Local Government Code, is
2-6 amended to read as follows:
2-7 (b) At least one of the hearings must be held in the area
2-8 proposed for annexation [if more than 20 adult residents of the
2-9 area file a written protest of the annexation with the secretary of
2-10 the municipality within 10 days after the date of the publication
2-11 of the notice required by this section. The protest must state the
2-12 name, address, and age of each protester who signs].
2-13 SECTION 3. Section 43.053, Local Government Code, is amended
2-14 to read as follows:
2-15 Sec. 43.053. PERIOD FOR COMPLETION OF ANNEXATION[;
2-16 EFFECTIVE DATE]. [(a)] The annexation of an area must be
2-17 completed within 90 days after the date the governing body
2-18 institutes the annexation proceedings or those proceedings are
2-19 void. Any period during which the municipality is restrained or
2-20 enjoined by a court of competent jurisdiction from annexing the
2-21 area is not included in computing the 90-day period.
2-22 [(b) Notwithstanding any provision of a municipal charter to
2-23 the contrary, the governing body of a municipality with a
2-24 population of 1.5 million or more may provide that an annexation
2-25 take effect on any date within 90 days after the date of the
2-26 adoption of the ordinance providing for the annexation.]
2-27 SECTION 4. Section 43.054, Local Government Code, is amended
3-1 to read as follows:
3-2 Sec. 43.054. WIDTH REQUIREMENTS. (a) A municipality may
3-3 not annex a publicly or privately owned area, including a strip of
3-4 area following the course of a road, highway, river, stream, or
3-5 creek, unless the width of the area at its narrowest point is at
3-6 least 2,000 [1,000] feet.
3-7 (b) The prohibition established by Subsection (a) does not
3-8 apply if:
3-9 (1) the boundaries of the municipality are contiguous
3-10 to the area on at least two sides; or
3-11 (2) the annexation is initiated on the written
3-12 petition of the owners or of a majority of the qualified voters of
3-13 the area[; or]
3-14 [(3) the area abuts or is contiguous to another
3-15 jurisdictional boundary].
3-16 SECTION 5. Section 43.055(c), Local Government Code, is
3-17 amended to read as follows:
3-18 (c) A municipality carrying over an allocation may not annex
3-19 in a calendar year a total area greater than 20 [30] percent of the
3-20 incorporated area of the municipality as of January 1 of that year.
3-21 SECTION 6. Section 43.056, Local Government Code, is amended
3-22 by redesignating part of Subsection (c) as Subsection (a), amending
3-23 the new Subsection (a), and relettering and amending the other
3-24 subsections to read as follows:
3-25 Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA. (a) In
3-26 [(c) For purposes of] this section, "full municipal services"
3-27 means services funded in whole or in part by municipal taxation
4-1 and provided by the annexing municipality within its full-purpose
4-2 boundaries.
4-3 (b) [(a)] Before the publication of the notice of the first
4-4 hearing required under Section 43.052, the governing body of the
4-5 municipality proposing the annexation shall [direct its planning
4-6 department or other appropriate municipal department to] prepare a
4-7 service plan that provides for the extension of full municipal
4-8 services to the area to be annexed. The municipality shall provide
4-9 the services by any of the methods by which it extends the services
4-10 to any other area of the municipality.
4-11 (c) [(b) The service plan must include a program under
4-12 which the municipality will provide full municipal services in the
4-13 annexed area no later than 4 1/2 years after the effective date of
4-14 the annexation, in accordance with Subsection (d). However, under
4-15 the program the municipality must provide the following services in
4-16 the area within 60 days after the effective date of the annexation
4-17 of the area:]
4-18 [(1) police protection;]
4-19 [(2) fire protection;]
4-20 [(3) solid waste collection;]
4-21 [(4) maintenance of water and wastewater facilities in
4-22 the annexed area that are not within the service area of another
4-23 water or wastewater utility;]
4-24 [(5) maintenance of roads and streets, including road
4-25 and street lighting;]
4-26 [(6) maintenance of parks, playgrounds, and swimming
4-27 pools; and]
5-1 [(7) maintenance of any other publicly owned facility,
5-2 building, or service.]
5-3 [(b-1)] The service plan [of a municipality with a
5-4 population of 1.5 million or more] must include a program under
5-5 which the municipality will provide full municipal services in the
5-6 annexed area no later than 4 1/2 years after the effective date of
5-7 the annexation, in accordance with Subsection (e) [(d)]. However,
5-8 under the program the municipality must:
5-9 (1) provide the following services in the area on and
5-10 after the effective date of the annexation of the area:
5-11 (A) police protection; and
5-12 (B) solid waste collection;
5-13 (2) provide the following services in the area within
5-14 30 days after the effective date of the annexation of the area, if
5-15 the services are provided through a contract between the
5-16 municipality and a service provider:
5-17 (A) emergency medical service; and
5-18 (B) fire protection; and
5-19 (3) provide the following services in the area within
5-20 60 days after the effective date of the annexation of the area:
5-21 (A) maintenance of water and wastewater
5-22 facilities in the annexed area that are not within the service area
5-23 of another water or wastewater utility;
5-24 (B) maintenance of roads and streets, including
5-25 road and street lighting;
5-26 (C) maintenance of parks, playgrounds, and
5-27 swimming pools;
6-1 (D) maintenance of any other publicly owned
6-2 facility, building, or service; and
6-3 (E) emergency medical service and fire
6-4 protection, if the services are provided by municipal personnel and
6-5 equipment.
6-6 (d) A municipality [with a population of 1.5 million or
6-7 more] may provide all or part of the municipal services required
6-8 under the service plan by contracting with service providers. If
6-9 the municipality owns a water and wastewater utility, the
6-10 municipality shall, subject to this section, extend water and
6-11 wastewater service to any annexed area not within the service area
6-12 of another water or wastewater utility. If the municipality
6-13 annexes territory included within the boundaries of a municipal
6-14 utility district or a water control and improvement district, the
6-15 municipality shall comply with applicable state law relating to
6-16 annexation of territory within a municipal utility district or a
6-17 water control and improvement district. The service plan shall
6-18 summarize the service extension policies of the municipal water and
6-19 wastewater utility.
6-20 (e) [(d)] The service plan must also include a program under
6-21 which the municipality will initiate the acquisition or
6-22 construction of capital improvements necessary for providing
6-23 municipal services adequate to serve the area. The construction
6-24 shall begin within two years after the effective date of the
6-25 annexation of the area and shall be substantially completed within
6-26 4 1/2 years after that date. The acquisition or construction of
6-27 the facilities shall be accomplished by purchase, lease, or other
7-1 contract or by the municipality succeeding to the powers, duties,
7-2 assets, and obligations of a conservation and reclamation district
7-3 as authorized or required by law. The construction of the
7-4 facilities shall be accomplished in a continuous process and shall
7-5 be completed as soon as reasonably possible, consistent with
7-6 generally accepted local engineering and architectural standards
7-7 and practices. However, the municipality does not violate this
7-8 subsection if the construction process is interrupted for any
7-9 reason by circumstances beyond the direct control of the
7-10 municipality. The requirement that construction of capital
7-11 improvements must be substantially completed within 4 1/2 years
7-12 does not apply to a development project or proposed development
7-13 project within an annexed area if the annexation of the area was
7-14 initiated by petition or request of the owners of land in the
7-15 annexed area and the municipality and the landowners have agreed in
7-16 writing that the development project within that area, because of
7-17 its size or projected manner of development by the developer, is
7-18 not reasonably expected to be completed within that period.
7-19 (f) [(e)] A service plan may not:
7-20 (1) require the creation of another political
7-21 subdivision;
7-22 (2) require a landowner in the area to fund the
7-23 capital improvements necessary to provide municipal services in a
7-24 manner inconsistent with Chapter 395 unless otherwise agreed to by
7-25 the landowner; or
7-26 (3) provide fewer services or lower levels of services
7-27 in the area:
8-1 (A) than were in existence in the area
8-2 immediately preceding the date of the annexation; or
8-3 (B) than are otherwise available in other parts
8-4 of the municipality [with land uses and population densities
8-5 similar to those reasonably contemplated or projected in the area].
8-6 (g) [(f)] If only a part of the area to be annexed is
8-7 actually annexed, the governing body shall direct the department to
8-8 prepare a revised service plan for that part.
8-9 (h) [(g)] The proposed service plan must be made available
8-10 for public inspection and explained to the inhabitants of the area
8-11 at the public hearings held under Section 43.052. The plan may be
8-12 amended through negotiation at the hearings, but the provision of
8-13 any service may not be deleted. On completion of the public
8-14 hearings, the service plan shall be attached to the ordinance
8-15 annexing the area and approved as part of the ordinance.
8-16 (i) [(h)] On approval by the governing body, the service
8-17 plan is a contractual obligation that is not subject to amendment
8-18 or repeal except that if the governing body determines at the
8-19 public hearings required by this subsection that changed conditions
8-20 or subsequent occurrences make the service plan unworkable or
8-21 obsolete, the governing body may amend the service plan to conform
8-22 to the changed conditions or subsequent occurrences. An amended
8-23 service plan must provide for services that are comparable to or
8-24 better than those established in the service plan before amendment.
8-25 Before any amendment is adopted, the governing body must provide an
8-26 opportunity for interested persons to be heard at public hearings
8-27 called and held in the manner provided by Section 43.052.
9-1 (j) As part of the service plan, the municipality must
9-2 provide a guarantee that the municipality's obligations in the
9-3 service plan will be met within the time limits prescribed by
9-4 Subsection (c) and must identify methods of financing those
9-5 obligations to ensure that the municipality will comply with the
9-6 guarantee.
9-7 (k) [(i)] A service plan is valid for five [10] years.
9-8 [Renewal of the service plan is at the discretion of the
9-9 municipality.] A person residing in an annexed area may enforce a
9-10 service plan by applying for a writ of mandamus. If a court issues
9-11 the writ, the municipality shall pay the person's costs and
9-12 reasonable attorney's fees in bringing the action. A writ issued
9-13 under this subsection must provide the municipality the option of
9-14 disannexing the area within 30 days. If the municipality
9-15 disannexes the area under this subsection, the municipality:
9-16 (1) shall repay to the owners of property in the area
9-17 the ad valorem taxes that the owners paid and that were imposed on
9-18 the property during the period the area was annexed; and
9-19 (2) may not annex the area again until after the 10th
9-20 anniversary of the date of the disannexation.
9-21 (l) [(j)] A municipality that annexes an area shall provide
9-22 the area or cause the area to be provided with services in
9-23 accordance with the service plan for the area.
9-24 (m) [(k)] This section does not require that a uniform level
9-25 of full municipal services be provided to each area of the
9-26 municipality if different characteristics of topography, land use,
9-27 and population density are considered a sufficient basis for
10-1 providing different levels of service.
10-2 SECTION 7. Section 43.0565(b), Local Government Code, is
10-3 amended to read as follows:
10-4 (b) A municipality with a population of more than 5,000 [1.5
10-5 million] that includes within its boundaries annexed areas without
10-6 water service, sewer service, or both:
10-7 (1) shall develop a service plan that:
10-8 (A) must identify developed tracts in annexed
10-9 areas of the municipality that do not have water service, sewer
10-10 service, or both and must provide a procedure for providing water
10-11 service, sewer service, or both to those developed tracts;
10-12 (B) must establish a timetable for providing
10-13 service based on a priority system that considers potential health
10-14 hazards, population density, the number of existing buildings, the
10-15 reasonable cost of providing service, and the desires of the
10-16 residents;
10-17 (C) must include a capital improvements plan
10-18 committing the necessary financing;
10-19 (D) may relieve the municipality from an
10-20 obligation to provide water service, sewer service, or both in an
10-21 area described in the service plan if a majority of the households
10-22 in the area sign a petition stating they do not want to receive the
10-23 services; and
10-24 (E) may require property owners to connect to
10-25 service lines constructed to serve their area;
10-26 (2) shall provide water service, sewer service, or
10-27 both to at least 75 percent of the residential buildings in annexed
11-1 areas of the municipality that did not have water service, sewer
11-2 service, or both on September 1, 1991;
11-3 (3) shall provide water service to each area annexed
11-4 before January 1, 1993, if the area or subdivision as described in
11-5 the service plan contains at least 25 residences without water
11-6 service, unless a majority of the households in the area state in a
11-7 petition that they do not want municipal water service; and
11-8 (4) is subject to the penalty prescribed by Section
11-9 5.235(n)(7)(C), Water Code, for the failure to provide services.
11-10 SECTION 8. Section 43.082(b), Local Government Code, is
11-11 amended to read as follows:
11-12 (b) The board of directors of a district governed by this
11-13 section may dissolve the district pursuant to this section by
11-14 adopting a resolution at a regular meeting of a district. On the
11-15 dissolution of a district under this section, the municipality
11-16 within whose extraterritorial jurisdiction the district is located
11-17 shall provide full municipal services as defined by Section 43.056
11-18 [43.056(c)].
11-19 SECTION 9. (a) The change in law made by this Act to
11-20 Section 43.031, Local Government Code, applies only to a change in
11-21 boundaries that is completed on or after September 1, 1997.
11-22 (b) The change in law made by this Act to Section 43.052,
11-23 Local Government Code, applies only to an annexation for which the
11-24 first hearing notice required by that section is published on or
11-25 after September 1, 1997. An annexation for which the first hearing
11-26 notice is published before that date is governed by the law in
11-27 effect at the time the notice is published, and the former law is
12-1 continued in effect for that purpose.
12-2 (c) The changes in law made by this Act to Sections 43.053,
12-3 43.054, 43.055, 43.056, and 43.0565, Local Government Code, apply
12-4 only to an annexation that is completed on or after September 1,
12-5 1997.
12-6 SECTION 10. This Act takes effect September 1, 1997.
12-7 SECTION 11. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended.