By Crabb H.B. No. 1727 75R5946 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to annexations by a municipality. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 43, Local Government Code, 1-5 is amended by adding Section 43.0215 to read as follows: 1-6 Sec. 43.0215. VOTER APPROVAL OF ANNEXATION REQUIRED IN 1-7 CERTAIN MUNICIPALITIES. (a) This section applies only to a 1-8 municipality with a population of 1.6 million or more. 1-9 (b) If a municipality receives a certification under 1-10 Subsection (c), the municipality may not annex an area for full or 1-11 limited purposes unless: 1-12 (1) on the same day a separate election on the 1-13 question of the annexation is held in: 1-14 (A) the area to be annexed, at which the 1-15 qualified voters of the area may vote; and 1-16 (B) the municipality, at which the qualified 1-17 voters of the municipality may vote; and 1-18 (2) more than 50 percent of the votes received in each 1-19 election approve the annexation. 1-20 (c) An election under Subsection (b) shall be held if the 1-21 county clerk of the county in which a majority of area proposed to 1-22 be annexed is located receives a petition asking for an election 1-23 signed by at least 10 percent of the registered voters who reside 1-24 in the proposed area. The county clerk shall determine the 2-1 validity of the petition under Chapter 277, Election Code, not 2-2 later than the 30th day after the date the petition is received. 2-3 (d) If the county clerk determines that a petition filed 2-4 under Subsection (c) is valid or if the county clerk fails to make 2-5 a determination within the time prescribed by that subsection, the 2-6 county clerk shall certify that fact to the governing body of the 2-7 municipality and to the commissioners court of the county in which 2-8 a majority of the area proposed to be annexed is located. The 2-9 municipality shall order and conduct the election held in the 2-10 municipality, and the county shall order and conduct the election 2-11 in the area to be annexed. The municipality and county shall order 2-12 the elections to be held on the first uniform election date that 2-13 occurs at least 45 days after the date the governing body and 2-14 commissioners court receive the clerk's certification. 2-15 (e) At the election the ballots shall be prepared to permit 2-16 voting for or against the following proposition: "The annexation 2-17 of (name of tract) to the City of (name of city)." The county 2-18 shall designate the name of the tract based on a name commonly used 2-19 in the region to identify the tract, and the municipality and 2-20 county shall use that name in the ballot proposition. 2-21 (f) If more than 50 percent of the votes received in either 2-22 election held under Subsection (b) disapprove the annexation, the 2-23 municipality may not annex any portion of the area until the 10th 2-24 anniversary of the date of the election. 2-25 (g) This section does not apply to an annexation of an area 2-26 if: 2-27 (1) no qualified voters reside in the area; or 3-1 (2) the annexation is authorized by or subject to 3-2 another section of this chapter, other than Section 43.021. 3-3 (h) The municipality shall pay for the cost of holding both 3-4 elections. 3-5 SECTION 2. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted.