By Hamric H.B. No. 1872
75R7125 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures that apply to an annexation by a
1-3 home-rule municipality; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.021, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 43.021. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX
1-8 AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A home-rule
1-9 municipality may take the following actions according to rules as
1-10 may be provided by the charter of the municipality and not
1-11 inconsistent with the procedural rules prescribed by this chapter
1-12 or Chapter 44:
1-13 (1) fix the boundaries of the municipality;
1-14 (2) extend the boundaries of the municipality and
1-15 annex area adjacent to the municipality; and
1-16 (3) exchange area with other municipalities.
1-17 SECTION 2. Subtitle C, Title 2, Local Government Code, is
1-18 amended by adding Chapter 44 to read as follows:
1-19 CHAPTER 44. ANNEXATION REQUIREMENTS FOR HOME-RULE
1-20 MUNICIPALITIES
1-21 SUBCHAPTER A. GENERAL PROVISIONS
1-22 Sec. 44.001. DEFINITIONS. In this chapter:
1-23 (1) "Board" means the Municipal Development Board
1-24 established by this chapter.
2-1 (2) "Committee" means a committee appointed by the
2-2 board under this chapter to consider an annexation proposal.
2-3 (3) "Proposal" means:
2-4 (A) a petition submitted under Section 44.041
2-5 proposing an annexation; or
2-6 (B) an annexation plan resulting from the
2-7 initiation of annexation proceedings by the board under Section
2-8 44.045.
2-9 Sec. 44.002. APPLICABILITY TO HOME-RULE MUNICIPALITY. This
2-10 chapter applies only to an annexation of an area in connection with
2-11 a home-rule municipality.
2-12 Sec. 44.003. APPLICABILITY OF CHAPTER 43. (a) Except as
2-13 provided by this section, Chapter 43 applies to an annexation under
2-14 this chapter.
2-15 (b) Sections 43.052 and 43.053 do not apply to an annexation
2-16 under this chapter.
2-17 (c) For purposes of this chapter, a reference in a provision
2-18 of Chapter 43 to a hearing under Section 43.052 is considered to
2-19 refer to a hearing under Section 44.068.
2-20 Sec. 44.004. CONFLICT WITH OTHER LAW. (a) Except as
2-21 provided by Subsection (b), if this chapter conflicts with Chapter
2-22 43, this chapter prevails to the extent of the conflict.
2-23 (b) If this chapter conflicts with Section 43.028, 43.030,
2-24 43.031, 43.032, or 43.102, those sections prevail to the extent of
2-25 the conflict.
2-26 (Sections 44.005-44.020 reserved for expansion
2-27 SUBCHAPTER B. MUNICIPAL DEVELOPMENT BOARD
3-1 Sec. 44.021. MUNICIPAL DEVELOPMENT BOARD. (a) The
3-2 Municipal Development Board is an agency of the state.
3-3 (b) The board is subject to Chapter 325, Government Code
3-4 (Texas Sunset Act). Unless continued in existence as provided by
3-5 that chapter, the board is abolished and this chapter expires
3-6 September 1, 2009.
3-7 Sec. 44.022. MEMBERS OF BOARD; APPOINTMENT. (a) The board
3-8 is composed of six members appointed by the governor with the
3-9 advice and consent of the senate.
3-10 (b) The board must include:
3-11 (1) one member who is a resident of a municipality
3-12 with a population of more than 400,000;
3-13 (2) one member who is a resident of a municipality
3-14 with a population of 400,000 or less;
3-15 (3) one member who is a resident of a county with a
3-16 population of more than 500,000;
3-17 (4) one member who is a resident of a county with a
3-18 population of 500,000 or less; and
3-19 (5) two members who represent the general public.
3-20 Sec. 44.023. TERMS OF OFFICE. (a) The members of the board
3-21 hold office for staggered terms of six years with two members'
3-22 terms expiring February 1 of each odd-numbered year.
3-23 (b) A member may be reappointed but may not serve more than
3-24 two full terms. A member's term is considered a full term if the
3-25 member serves three years or more of the term.
3-26 Sec. 44.024. REIMBURSEMENT FOR EXPENSES. A member is not
3-27 entitled to compensation but is entitled to reimbursement of travel
4-1 expenses incurred by the member while conducting the business of
4-2 the board, as provided by the General Appropriations Act.
4-3 Sec. 44.025. OFFICERS. The board shall elect a presiding
4-4 officer and an assistant presiding officer from its members.
4-5 Sec. 44.026. MEETINGS. The board shall meet at the call of
4-6 the governor or presiding officer or as provided by rule of the
4-7 board.
4-8 Sec. 44.027. RULEMAKING AUTHORITY. (a) The board shall
4-9 adopt rules to administer this chapter.
4-10 (b) The board by rule may establish a filing fee for a
4-11 petition submitted to the board under Section 44.041.
4-12 (Sections 44.028-44.040 reserved for expansion
4-13 SUBCHAPTER C. ANNEXATION PROCEDURE
4-14 Sec. 44.041. AUTHORITY TO PETITION BOARD. A petition
4-15 proposing an annexation may be filed with the board by:
4-16 (1) the governing body of the municipality;
4-17 (2) the commissioners court of a county; or
4-18 (3) five percent of the registered voters of the
4-19 municipality or of the area for which an annexation is proposed.
4-20 Sec. 44.042. PETITION REQUIREMENTS. (a) A petition
4-21 proposing an annexation must include the following information, as
4-22 applicable:
4-23 (1) a general statement of the proposed annexation;
4-24 (2) a map of the municipality and the area to be
4-25 annexed;
4-26 (3) the assessed value of the taxable real property in
4-27 the area to be annexed;
5-1 (4) the population density of the area to be annexed;
5-2 (5) a description of the topography of the area to be
5-3 annexed;
5-4 (6) a municipal plan for transferring the assets and
5-5 assuming the liabilities of any special district that serves the
5-6 area to be annexed and that would be abolished because of the
5-7 annexation;
5-8 (7) a description of the services, including water
5-9 supply, sewage disposal, and fire and police protection, that the
5-10 municipality provides to the area to be annexed;
5-11 (8) any plans for agreements with existing special
5-12 districts to provide continued service after the annexation; and
5-13 (9) a service plan that:
5-14 (A) meets the requirements of Sections
5-15 43.056(b)-(e) and Section 43.0565; and
5-16 (B) provides for the extension of full municipal
5-17 services to the area to be annexed by any of the methods by which
5-18 the municipality extends services to any other area of the
5-19 municipality.
5-20 (b) The petition must state, if true, that the area to be
5-21 annexed is within the extraterritorial jurisdiction of the
5-22 municipality.
5-23 Sec. 44.043. NOTICE REQUIREMENTS FOR MUNICIPAL PETITION FOR
5-24 ANNEXATION. (a) Before the 10th day before the date a
5-25 municipality files a petition proposing an annexation, the
5-26 municipality shall send notice by certified mail to:
5-27 (1) the commissioners court of each county in which
6-1 the municipality or a part of the area to be annexed is located;
6-2 and
6-3 (2) each public utility affected by the proposed
6-4 annexation.
6-5 (b) The written notice required by Subsection (a) must
6-6 include a statement:
6-7 (1) indicating the municipality's intent to file a
6-8 petition under this chapter; and
6-9 (2) notifying the recipient of the date and location
6-10 of the public meeting required by Section 44.044.
6-11 Sec. 44.044. PUBLIC MEETING REQUIRED FOR MUNICIPAL PETITION
6-12 FOR ANNEXATION. (a) Before a municipality files a petition
6-13 proposing an annexation, the municipality shall hold a public
6-14 meeting to discuss the proposed annexation.
6-15 (b) Before the fifth day before the date of the public
6-16 meeting, the municipality shall publish notice of the meeting in a
6-17 newspaper of general circulation in each county in which the
6-18 municipality or a part of the area to be annexed is located.
6-19 (c) The presiding officer of the municipality or a person
6-20 designated by the presiding officer serves as the presiding officer
6-21 of the public meeting. The municipal secretary or clerk or a
6-22 person designated by the secretary or clerk shall make a record of
6-23 the proceedings of the public meeting.
6-24 (d) The presiding officer of the meeting shall allow any
6-25 person attending the meeting to speak and submit written comments
6-26 relating to the petition.
6-27 (e) The presiding officer of the meeting or a person
7-1 designated by the presiding officer shall submit to the board:
7-2 (1) the minutes of the public meeting; and
7-3 (2) all documents submitted at the public meeting.
7-4 Sec. 44.045. BOARD MAY INITIATE ANNEXATION PROCEEDINGS.
7-5 (a) The board may propose an annexation on the board's own
7-6 initiative and initiate proceedings for the proposed annexation.
7-7 (b) If the board initiates annexation proceedings, the
7-8 board:
7-9 (1) may request and the municipality shall provide the
7-10 information required for a petition by Section 44.042; or
7-11 (2) may generate the information required for a
7-12 petition by Section 44.042.
7-13 (c) After receiving from the municipality or generating the
7-14 information required under Subsection (b), the board shall provide
7-15 notice and hold a public meeting in the same manner provided by
7-16 Sections 43.043 and 43.044.
7-17 (d) A board-initiated annexation proposal may include any
7-18 information relevant to the proposal, including results of studies,
7-19 surveys, and hearings conducted by the board.
7-20 (Sections 44.046-44.060 reserved for expansion
7-21 SUBCHAPTER D. BOARD DISPOSITION OF ANNEXATION PROPOSAL
7-22 Sec. 44.061. NOTICE OF ANNEXATION PROPOSAL. On or before
7-23 the 10th day after the date the board receives a petition under
7-24 Section 44.041 or initiates a proceeding under Section 44.045, the
7-25 board shall send a notice stating that an annexation has been
7-26 proposed and a copy of the proposal to:
7-27 (1) the governing body of the municipality; and
8-1 (2) the commissioners court of each county in which
8-2 the municipality or a part of the area to be annexed is located.
8-3 Sec. 44.062. INITIAL BOARD ACTION ON PROPOSAL. (a) Not
8-4 later than the 90th day after the date the board receives a
8-5 petition under Section 44.041 or initiates a proceeding under
8-6 Section 44.045, the board shall approve the proposal for
8-7 consideration by a committee appointed under this subchapter or
8-8 dismiss the proposal.
8-9 (b) The board may combine for consideration any proposals
8-10 that involve the same area or municipality.
8-11 Sec. 44.063. DISMISSAL OF PROPOSAL. (a) The board may
8-12 dismiss a proposal only if the board finds that:
8-13 (1) the proposal does not meet the requirements of
8-14 this chapter;
8-15 (2) the area to be annexed, or a part of the area, has
8-16 been voluntarily annexed as provided by Chapter 43; or
8-17 (3) during the two-year period immediately preceding
8-18 the date the petition was filed or the proceedings were initiated,
8-19 substantially the same proposal was disapproved by:
8-20 (A) a committee formed under this chapter to
8-21 consider the proposal; or
8-22 (B) the voters in an election held under this
8-23 chapter.
8-24 (b) The board shall:
8-25 (1) issue a written statement identifying the reason
8-26 for each dismissal; and
8-27 (2) promptly notify each party affected by the
9-1 proposal of the board's dismissal.
9-2 Sec. 44.064. APPROVAL OF PROPOSAL; APPOINTMENT OF COMMITTEE.
9-3 (a) If the board approves a proposal for consideration, the board
9-4 shall authorize the appointment of local representatives as
9-5 provided by Section 44.066 to serve on a committee to consider the
9-6 proposal.
9-7 (b) The committee is composed of the appointed local
9-8 representatives and the members of the board.
9-9 (c) When two or more proposals for annexation describing, at
9-10 least in part, common territory are considered together, the board
9-11 shall authorize the appointment of local representatives based on
9-12 each of the proposals to serve on one special committee to consider
9-13 the multiple proposals.
9-14 Sec. 44.065. QUALIFICATIONS AND REIMBURSEMENT OF LOCAL
9-15 REPRESENTATIVES. (a) Except as provided by Section 44.066(a), a
9-16 local representative must be a registered voter in the area or the
9-17 municipality that the person represents.
9-18 (b) A local representative is not entitled to compensation
9-19 but is entitled to reimbursement, from the state, of travel
9-20 expenses incurred by the representative while conducting the
9-21 business of the committee, as provided by the General
9-22 Appropriations Act.
9-23 Sec. 44.066. APPOINTMENT OF LOCAL REPRESENTATIVES. (a) The
9-24 board shall authorize the commissioners court of each county in
9-25 which the area to be annexed is located to appoint one local
9-26 representative. If no registered voters reside in the area of the
9-27 county to be annexed, the commissioners court shall appoint an
10-1 individual who owns property in the area.
10-2 (b) The governing body of the municipality subject to the
10-3 proposed annexation shall appoint the number of local
10-4 representatives to the committee that equals the total number of
10-5 local representatives appointed under Subsection (a).
10-6 Sec. 44.067. QUORUM REQUIREMENTS FOR COMMITTEE. Four board
10-7 members and at least one-half of the appointed local
10-8 representatives are required for a quorum.
10-9 Sec. 44.068. PUBLIC HEARING. (a) A committee shall conduct
10-10 a public hearing on a proposal as soon as practicable after the
10-11 committee is appointed.
10-12 (b) The committee may allow any person attending the hearing
10-13 to speak and shall allow any person attending the hearing to submit
10-14 written comments relating to the proposal.
10-15 (c) The board may subpoena witnesses and documents for
10-16 purposes of conducting the public hearing on the proposal.
10-17 Sec. 44.069. NOTICE OF PUBLIC HEARING. (a) The board shall
10-18 send notice of the public hearing required by Section 44.068 to:
10-19 (1) the governing board of the municipality; and
10-20 (2) the commissioners court of each county in which a
10-21 part of the area to be annexed is located.
10-22 (b) Before the fifth day before the date of the public
10-23 hearing, the board shall publish a notice of the public hearing on
10-24 at least two separate dates in a newspaper of general circulation
10-25 in each county in which the municipality or a part of the area
10-26 subject to the proposal is located.
10-27 (c) The notice required under this section must:
11-1 (1) include a brief description of the proposed
11-2 annexation; and
11-3 (2) identify a location where the proposal is
11-4 available for public inspection.
11-5 Sec. 44.070. AMENDMENT TO PROPOSAL. (a) The committee may
11-6 amend a proposal.
11-7 (b) If a proposal is substantially amended, the committee
11-8 shall defer the public hearing required under Section 44.068 to a
11-9 later date.
11-10 (c) Notice of the public hearing to consider the amended
11-11 proposal must comply with the requirements of Section 44.069.
11-12 Sec. 44.071. DISPOSITION OF PROPOSALS INVOLVING COMMON
11-13 TERRITORY. (a) A special committee appointed to consider multiple
11-14 proposals shall resolve common territory issues involved in the
11-15 multiple proposals.
11-16 (b) After the common territory issues are resolved:
11-17 (1) the special committee may approve the proposals
11-18 amended as a result of the resolution of the common territory
11-19 issues by the vote of each member of the committee; or
11-20 (2) the special committee may approve individually
11-21 each proposal amended as a result of the resolution of the common
11-22 territory issues by the vote of the board members serving on the
11-23 committee and only those local representatives who represent the
11-24 area subject to an individual proposal.
11-25 Sec. 44.072. COMMITTEE APPROVAL OF PROPOSAL. (a) The
11-26 committee shall approve any proposal that promotes the public
11-27 interest.
12-1 (b) To determine whether a proposal promotes the public
12-2 interest, the committee shall consider all relevant information
12-3 before the committee, including:
12-4 (1) the statements in the proposal and evidence
12-5 supporting the statements;
12-6 (2) the recommendations of the regional planning
12-7 authority for each area subject to the proposed annexation;
12-8 (3) the commercial and industrial development in each
12-9 area subject to the proposed annexation;
12-10 (4) potential growth in population in each area
12-11 subject to the proposed annexation;
12-12 (5) the cost and adequacy of services provided and
12-13 facilities existing in each area subject to the proposed
12-14 annexation;
12-15 (6) the potential effect of the proposed annexation on
12-16 services and facilities and alternative suggestions for providing
12-17 services and facilities; and
12-18 (7) the potential effect of the proposed annexation on
12-19 any political subdivision subject to the proposed annexation,
12-20 including the potential effect on future revenues of each political
12-21 subdivision.
12-22 (c) The committee may not approve a proposal unless:
12-23 (1) the area to be annexed adjoins the municipality;
12-24 and
12-25 (2) the committee finds that:
12-26 (A) the municipality will be able to provide to
12-27 the area substantial municipal services and benefits not previously
13-1 enjoyed by the area; and
13-2 (B) the motive for annexation is not solely to
13-3 increase revenues to the municipality.
13-4 (d) In this section, "adjoins" means land that has a common
13-5 boundary for at least 2,000 feet and includes land areas that share
13-6 a roadway or waterway as a common boundary.
13-7 Sec. 44.073. FORMAL DISPOSITION OF PROPOSAL BY BOARD. (a)
13-8 Not later than the 90th day after the date of the final public
13-9 hearing authorized by this subchapter, the committee shall:
13-10 (1) approve or dismiss the proposal; and
13-11 (2) submit a written statement to the board approving
13-12 or dismissing the proposal.
13-13 (b) Before the fifth day after the date the board receives
13-14 the written statement from the committee, the board shall:
13-15 (1) issue an order approving or dismissing the
13-16 proposal as determined by the committee;
13-17 (2) maintain a copy of the written order; and
13-18 (3) promptly notify the parties to the proposal of the
13-19 board's decision.
13-20 (Sections 44.074-44.080 reserved for expansion
13-21 SUBCHAPTER E. ELECTION
13-22 Sec. 44.081. ELECTION DATE. If a proposed annexation is
13-23 approved, the board shall order an election on the question of
13-24 annexing an area to be held on the first uniform election date
13-25 prescribed by Chapter 41, Election Code, that occurs on or after
13-26 the 45th day after the date the proposed annexation is approved by
13-27 the board.
14-1 Sec. 44.082. ELECTION PROCEDURE. (a) Except as provided by
14-2 Subsection (b), the board shall order an election only in the area
14-3 to be annexed.
14-4 (b) The board shall order an election in the municipality
14-5 and a separate election in the area to be annexed if the proposed
14-6 annexation would cause:
14-7 (1) the total area annexed in one calendar year to
14-8 exceed five percent of the incorporated area of the municipality as
14-9 of January 1 of the year that the proposed annexation would take
14-10 effect; or
14-11 (2) the total population of the municipality to exceed
14-12 five percent of the municipal population as of January 1 of the
14-13 year that the proposed annexation would take effect.
14-14 (c) Qualified voters of the area subject to an election
14-15 under this section are entitled to vote in the election.
14-16 (d) The county clerk of each county in which the area
14-17 subject to an election under this section is located shall act
14-18 jointly to conduct an election held under this subchapter.
14-19 (e) The municipality shall pay the costs associated with an
14-20 election held under this subchapter if the annexation is approved
14-21 by the voters. The person initiating the proposal shall pay the
14-22 costs associated with an election held under this subchapter if the
14-23 annexation is not approved by the voters.
14-24 Sec. 44.083. AUTHORIZATION OF ANNEXATION. (a) An
14-25 annexation is authorized if:
14-26 (1) a majority of the votes received in an election
14-27 held under Section 44.082(a) favor the annexation; or
15-1 (2) a majority of the votes received in an election
15-2 held in the municipality and a majority of the votes received in an
15-3 election held in the area to be annexed as provided by Section
15-4 44.082(b) favor the annexation.
15-5 (b) The annexation becomes effective after:
15-6 (1) the requirements of this chapter are satisfied;
15-7 and
15-8 (2) the time for appeal provided by Subchapter F has
15-9 expired.
15-10 (c) If an appeal to any of the proceedings is filed, the
15-11 annexation is stayed during the period the appeal is pending.
15-12 Sec. 44.084. RIGHTS OF RESIDENTS IN ANNEXED AREA. (a)
15-13 After an area is annexed, a resident of the area may run for
15-14 elected office in any municipal election held on or after the
15-15 effective date of the annexation if the resident has the
15-16 qualifications otherwise prescribed by law for the office.
15-17 (b) After an area is annexed, a qualified voter of the area
15-18 may vote in any municipal election that is held on or after the
15-19 effective date of the annexation and that is held:
15-20 (1) in the municipality as a whole; or
15-21 (2) in a municipal district that includes the annexed
15-22 area.
15-23 (Sections 44.085-44.100 reserved for expansion
15-24 SUBCHAPTER F. APPEAL OF ANNEXATION PROCEDURE AND ELECTION
15-25 Sec. 44.101. APPEAL. (a) A municipality or a resident or
15-26 property owner in the annexed area or annexing municipality may
15-27 file an appeal in a district court of any county in which a part of
16-1 the municipality or the annexed area is located contesting:
16-2 (1) a decision of the board or a committee involved in
16-3 approving the annexation; or
16-4 (2) the legality of an election held under this
16-5 chapter.
16-6 (b) An appeal under this section must be filed not later
16-7 than the 30th day after the date:
16-8 (1) a decision is made by the board or committee, if a
16-9 decision of the board or committee is the basis for the appeal; or
16-10 (2) the election results are certified, if the
16-11 legality of the election is the basis for the appeal.
16-12 (c) The appeal of the board's or committee's approval of a
16-13 proposal does not stay an election authorized by this chapter.
16-14 Sec. 44.102. SCOPE OF APPEAL. The court's review of an
16-15 appeal under this section is limited to questions relating to
16-16 jurisdiction and the regularity of proceedings.
16-17 Sec. 44.103. STANDARD OF REVIEW ON APPEAL. The standard of
16-18 review in an appeal under this chapter is substantial evidence and
16-19 arbitrary and capricious.
16-20 (Sections 44.104-44.120 reserved for expansion
16-21 SUBCHAPTER G. ENFORCEMENT
16-22 Sec. 44.121. OVERSIGHT COMMITTEE. (a) If the voters
16-23 approve the proposed annexation, the board shall direct the
16-24 appointment of an oversight committee to monitor compliance with
16-25 the service plan requirements.
16-26 (b) The oversight committee is composed of:
16-27 (1) two members from the governing body of the
17-1 municipality appointed by the governing body of the municipality;
17-2 (2) two members from one or more commissioners courts
17-3 that have jurisdiction in the area to be annexed appointed by the
17-4 county judge or a majority vote of the county judges that have
17-5 jurisdiction in the area to be annexed; and
17-6 (3) one member appointed by the board who has training
17-7 and experience in arbitration and mediation.
17-8 (c) The member appointed by the board is the presiding
17-9 officer of the oversight committee.
17-10 (d) A member of the oversight committee is not entitled to
17-11 compensation but is entitled to reimbursement, from the state, of
17-12 travel expenses incurred by the member while conducting the
17-13 business of the committee, as provided by the General
17-14 Appropriations Act.
17-15 (e) The oversight committee must remain in existence for at
17-16 least 90 days and not more than 365 days.
17-17 Sec. 44.122. PENALTY. (a) If a majority of the members of
17-18 the oversight committee determine that the municipality has failed
17-19 to comply with the service plan requirements, the oversight
17-20 committee shall send written notice to the municipality:
17-21 (1) identifying the manner in which the municipality
17-22 has failed to comply with the service plan; and
17-23 (2) stating the actions the municipality must take to
17-24 comply with the service plan.
17-25 (b) The municipality shall comply with the service plan
17-26 requirements not later than the fifth day after the date the
17-27 municipality receives the notice under Subsection (a).
18-1 (c) A municipality that fails to comply as provided by
18-2 Subsection (b) is subject to an administrative penalty of $10,000
18-3 for each day of each violation. The oversight committee may assess
18-4 a penalty provided by this section only after providing the
18-5 municipality an opportunity for a hearing and shall notify the
18-6 municipality in writing of the nature of the violation and the
18-7 amount of the penalty assessed.
18-8 (d) A municipality shall pay a penalty assessed under
18-9 Subsection (c) to the board not later than the 30th day after the
18-10 date the oversight committee notifies the municipality that a
18-11 penalty has been assessed. If a municipality fails to pay a
18-12 penalty within the period prescribed by this subsection, the
18-13 oversight committee may assess a late fee of $1,000 for each day
18-14 after the date the municipality is required to pay the penalty as
18-15 provided by this subsection.
18-16 (e) The board shall equally distribute to the entities,
18-17 other than the municipality, providing service in the annexed area
18-18 the penalty collected under this section. If no other entities are
18-19 providing a service to the area, the board shall equally distribute
18-20 the penalty to each county in which a part of the area is located.
18-21 Sec. 44.123. APPEAL OF PENALTY. A municipality may file an
18-22 appeal of the oversight committee's assessment of a penalty under
18-23 Section 44.122 in the district court of the county in which the
18-24 municipality is located.
18-25 (Sections 44.124-44.900 reserved for expansion
18-26 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
18-27 Sec. 44.901. RECORD OF PROCEEDINGS. After an annexation is
19-1 approved by the voters, the board shall file with the secretary of
19-2 state, the secretary or clerk of the municipality subject to the
19-3 annexation, and the county clerk of each county in which a part of
19-4 any municipality or area involved in the annexation is located:
19-5 (1) the original proposal and any amendments;
19-6 (2) the order of the board approving the proposal;
19-7 (3) proof of service and publication for notices
19-8 required by this chapter;
19-9 (4) certification of the election result; and
19-10 (5) other material the board determines important to
19-11 the annexation proceedings.
19-12 Sec. 44.902. NOTIFICATION OF TEXAS DEPARTMENT OF
19-13 TRANSPORTATION. The board shall file with the Texas Department of
19-14 Transportation:
19-15 (1) a copy of the map identifying the change in
19-16 municipal boundaries resulting from an annexation under this
19-17 chapter; and
19-18 (2) a legal description reflecting the change in
19-19 municipal boundaries resulting from an annexation under this
19-20 chapter.
19-21 SECTION 3. Section 43.022, Local Government Code, is
19-22 repealed.
19-23 SECTION 4. The governor shall make initial appointments to
19-24 the Municipal Development Board created by Chapter 44, Local
19-25 Government Code, as added by this Act, as follows:
19-26 (1) two members must be appointed for terms that
19-27 expire February 1, 1999;
20-1 (2) two members must be appointed for terms that
20-2 expire February 1, 2001; and
20-3 (3) two members must be appointed for terms that
20-4 expire February 1, 2003.
20-5 SECTION 5. An annexation for which the first hearing notice
20-6 required by Section 43.052, Local Government Code, is published
20-7 before the effective date of this Act is governed by the law in
20-8 effect at the time the notice is published, and the former law is
20-9 continued in effect for that purpose.
20-10 SECTION 6. The importance of this legislation and the
20-11 crowded condition of the calendars in both houses create an
20-12 emergency and an imperative public necessity that the
20-13 constitutional rule requiring bills to be read on three several
20-14 days in each house be suspended, and this rule is hereby suspended.