Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Williams 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 relating to declaring a temporary
1-4 moratorium on annexation in certain adjacent metropolitan areas.
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 1,600,000 or more may not annex
1-11 any area until after August 31, 2007.
1-12 (b) A municipality subject to Subsection (a) may annex an
1-13 area only if:
1-14 (1) a majority of the registered voters of the area to
1-15 be annexed sign and present a petition to the municipal secretary
1-16 that:
1-17 (A) describes the area to be annexed in a manner
1-18 sufficient to clearly identify the area; and
1-19 (B) requests annexation of the area; and
1-20 (2) the municipal secretary certifies to the governing
1-21 body of the municipality the validity of the petition.
1-22 (c) A municipality subject to Subsection (a) shall disannex
1-23 an area that was annexed by the municipality on or after January 1,
1-24 1997, if:
2-1 (1) a majority of registered voters of the area
2-2 annexed sign and present a petition to the municipal secretary
2-3 that:
2-4 (A) describes the area to be disannexed in a
2-5 manner sufficient to clearly identify the area; and
2-6 (B) requests disannexation of the area; and
2-7 (2) the municipal secretary certifies to the governing
2-8 body of the municipality the validity of the petition.
2-9 (d) The municipal secretary shall determine whether a
2-10 petition submitted under Subsection (b) or (c) complies with the
2-11 requirements of this section not later than the 10th day after the
2-12 date the petition is submitted. Not later than the fifth day after
2-13 the date the municipal secretary determines that the petition is
2-14 valid, the secretary shall certify the validity of the petition to
2-15 the governing body of the municipality.
2-16 (e) This section expires September 1, 2007.
2-17 SECTION 2. (a) In this section:
2-18 (1) "Adjacent metropolitan area" means any county that
2-19 is adjacent to a county with a population of 2,800,000 or more.
2-20 (2) "Committee" means the interim committee on local
2-21 government consolidation.
2-22 (3) "Consolidated metropolitan area" means a county
2-23 with a population of 2,800,000 or more and the adjacent counties.
2-24 (b) The interim committee on local government consolidation
2-25 is established and composed of 15 members appointed as follows:
2-26 (1) five members appointed from the consolidated
2-27 metropolitan area by the governor;
2-28 (2) three members of the legislature appointed from
2-29 the consolidated metropolitan area and two members of the
2-30 legislature appointed from the adjacent metropolitan area by the
3-1 lieutenant governor; and
3-2 (3) two members of the legislature appointed from the
3-3 consolidated metropolitan area and three members of the legislature
3-4 appointed from the adjacent metropolitan area by the speaker of the
3-5 house.
3-6 (c) The governor may not appoint as a member of the
3-7 committee a municipal or county officer or an employee or other
3-8 representative of a municipal or county officer.
3-9 (d) The governor shall designate a presiding officer and an
3-10 assistant presiding officer from the committee members.
3-11 (e) Each member of the committee serves at the will of the
3-12 person who appointed the member.
3-13 (f) A member of the committee is not entitled to receive
3-14 compensation for service on the committee but is entitled to
3-15 reimbursement of the travel expenses incurred by the member while
3-16 conducting the business of the committee. Expenses of the
3-17 committee members shall be paid out of funds appropriated to the
3-18 Texas Legislative Council as provided by the General Appropriations
3-19 Act.
3-20 (g) The Texas Legislative Council shall provide
3-21 administrative support for the committee to carry out the functions
3-22 of the committee. The committee may accept gifts and grants from
3-23 any source to be used to carry out a function of the committee.
3-24 (h) The committee shall study the consolidation of a
3-25 municipality with a population of 1,600,000 or more, the county in
3-26 which a majority of the municipality's area is located, and local
3-27 governments surrounding the municipality and county. The committee
3-28 shall study specific issues regarding:
3-29 (1) the provision of joint services, the elimination
3-30 of duplicate services, and the most feasible method of delivering
4-1 specific governmental services to the consolidated metropolitan
4-2 area;
4-3 (2) the consolidation of existing local governments in
4-4 the consolidated metropolitan area and the creation of a regional
4-5 government in the consolidated metropolitan area; and
4-6 (3) the development of a model of regional governance
4-7 that would allow for local and regional delivery of governmental
4-8 services while maintaining and promoting efficient and accountable
4-9 government, regional economic interests, local service levels, and
4-10 local identity.
4-11 (i) Not later than December 1, 1998, the committee shall
4-12 issue a report summarizing:
4-13 (1) the committee's recommendations on the issues
4-14 identified by Subsection (h);
4-15 (2) any hearings conducted by the committee;
4-16 (3) any studies conducted by the committee;
4-17 (4) any legislation proposed by the committee; and
4-18 (5) any other findings and recommendations of the
4-19 committee.
4-20 (j) The committee shall promptly deliver copies of the
4-21 report to the governor, lieutenant governor, and the speaker of the
4-22 house.
4-23 (k) The committee shall adopt rules to administer this
4-24 section.
4-25 (l) The committee is abolished and this section expires June
4-26 1, 1999.
4-27 SECTION 3. Before November 1, 1997, the governor, lieutenant
4-28 governor, and the speaker of the house shall appoint members to the
4-29 interim committee on local government consolidation as provided by
4-30 Section 2 of this Act.
5-1 SECTION 4. Section 43.0201, Local Government Code, as added
5-2 by this Act, applies to any action by a municipality to annex an
5-3 area, regardless of whether the annexation proceeding was initiated
5-4 before, on, or after the effective date of this Act.
5-5 SECTION 5. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.