75R12685 PAM-D
By Williams H.B. No. 1873
Substitute the following for H.B. No. 1873:
By Howard C.S.H.B. No. 1873
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing an interim committee to study local
1-3 government consolidation and declaring a temporary moratorium on
1-4 annexation by certain municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 43, Local Government Code,
1-7 is amended by adding Section 43.0201 to read as follows:
1-8 Sec. 43.0201. TEMPORARY MORATORIUM ON ANNEXATION BY CERTAIN
1-9 MUNICIPALITIES. (a) Except as provided by Subsection (b), a
1-10 municipality with a population of 1.6 million or more may not annex
1-11 any area located in a county that is adjacent to the county in
1-12 which a majority of the population of the municipality is located
1-13 until after August 31, 1999.
1-14 (b) A municipality subject to Subsection (a) may annex an
1-15 area only if:
1-16 (1) a majority of the registered voters of the area to
1-17 be annexed sign and present a petition to the municipal secretary
1-18 that:
1-19 (A) describes the area to be annexed in a manner
1-20 sufficient to clearly identify the area; and
1-21 (B) requests annexation of the area; and
1-22 (2) the municipal secretary certifies to the governing
1-23 body of the municipality the validity of the petition.
1-24 (c) The municipal secretary shall determine whether a
2-1 petition submitted under Subsection (b) complies with the
2-2 requirements of this section not later than the 10th day after the
2-3 date the petition is submitted. Not later than the fifth day after
2-4 the date the municipal secretary determines that the petition is
2-5 valid, the secretary shall certify the validity of the petition to
2-6 the governing body of the municipality.
2-7 (d) This section expires September 1, 1999.
2-8 SECTION 2. (a) In this section:
2-9 (1) "Adjacent metropolitan area" means any county that
2-10 is adjacent to a county with a population of 2.8 million or more.
2-11 (2) "Committee" means the interim committee on local
2-12 government consolidation.
2-13 (3) "Consolidated metropolitan area" means a county
2-14 with a population of 2.8 million or more and the adjacent counties.
2-15 (b) The interim committee on local government consolidation
2-16 is established and composed of 15 members appointed as follows:
2-17 (1) five members of the general public who reside in
2-18 the consolidated metropolitan area, appointed by the governor;
2-19 (2) three members of the senate who reside in the
2-20 consolidated metropolitan area and two members of the senate who
2-21 reside in the adjacent metropolitan area, appointed by the
2-22 lieutenant governor; and
2-23 (3) two members of the house of representatives who
2-24 reside in the consolidated metropolitan area and three members of
2-25 the house of representatives who reside in the adjacent
2-26 metropolitan area, appointed by the speaker of the house.
2-27 (c) The governor may not appoint as a member of the
3-1 committee a municipal or county officer or an employee or other
3-2 representative of a municipal or county officer.
3-3 (d) The governor shall designate a presiding officer and an
3-4 assistant presiding officer from the committee members.
3-5 (e) Each member of the committee serves at the will of the
3-6 person who appointed the member.
3-7 (f) A member of the committee is not entitled to receive
3-8 compensation for service on the committee but is entitled to
3-9 reimbursement of the travel expenses incurred by the member while
3-10 conducting the business of the committee. Expenses of the
3-11 committee members shall be paid out of funds appropriated to the
3-12 Texas Legislative Council as provided by the General Appropriations
3-13 Act.
3-14 (g) The Texas Legislative Council shall provide
3-15 administrative support for the committee to carry out the functions
3-16 of the committee. The committee may accept gifts and grants from
3-17 any source to be used to carry out a function of the committee.
3-18 (h) The committee shall study the consolidation of a
3-19 municipality with a population of 1.6 million or more, the county
3-20 in which a majority of the municipality's area is located, and
3-21 local governments surrounding the municipality and county. The
3-22 committee shall study specific issues regarding:
3-23 (1) the provision of joint services, the elimination
3-24 of duplicate services, and the most feasible method of delivering
3-25 specific governmental services to the consolidated metropolitan
3-26 area;
3-27 (2) the consolidation of existing local governments in
4-1 the consolidated metropolitan area and the creation of a regional
4-2 government in the consolidated metropolitan area; and
4-3 (3) the development of a model of regional governance
4-4 that would allow for local and regional delivery of governmental
4-5 services while maintaining and promoting efficient and accountable
4-6 government, regional economic interests, and local service levels
4-7 and identity.
4-8 (i) Not later than December 1, 1998, the committee shall
4-9 issue a report summarizing:
4-10 (1) the committee's recommendations on the issues
4-11 identified by Subsection (h);
4-12 (2) any hearings conducted by the committee;
4-13 (3) any studies conducted by the committee;
4-14 (4) any legislation proposed by the committee; and
4-15 (5) any other findings and recommendations of the
4-16 committee.
4-17 (j) The committee shall promptly deliver copies of the
4-18 report to the governor, the lieutenant governor, and the speaker of
4-19 the house of representatives.
4-20 (k) The committee shall adopt rules to administer this
4-21 section.
4-22 (l) The committee is abolished and this section expires
4-23 January 1, 1999.
4-24 SECTION 3. Before November 1, 1997, the governor, the
4-25 lieutenant governor, and the speaker of the house of
4-26 representatives shall appoint members to the interim committee on
4-27 local government consolidation as provided by Section 2 of this
5-1 Act.
5-2 SECTION 4. Section 43.0201, Local Government Code, as added
5-3 by this Act, applies to any action by a municipality to annex an
5-4 area, regardless of whether the annexation proceeding was initiated
5-5 before, on, or after the effective date of this Act.
5-6 SECTION 5. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended,
5-11 and that this Act take effect and be in force from and after its
5-12 passage, and it is so enacted.