By Hilbert                                      H.B. No. 1953

      75R5649 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 250,000 or more.

 1-9           (b)  The municipality may not annex an area for full or

1-10     limited purposes unless:

1-11                 (1)  the municipality holds separate elections in the

1-12     area proposed to be annexed and in the municipality, at which the

1-13     qualified voters of the area and the municipality may vote, on the

1-14     question of the annexation; and

1-15                 (2)  a majority of the votes received at both elections

1-16     approve the annexation.

1-17           (c)  This section does not apply to an annexation of an area

1-18     if:

1-19                 (1)  no qualified voters reside in the area; or

1-20                 (2)  the annexation is authorized by or subject to

1-21     another section of this chapter, other than Section 43.021.

1-22           (d)  The municipality shall pay for the cost of holding both

1-23     elections.

1-24           (e)  If a majority of the votes received in either election

 2-1     do not approve the annexation, the municipality may not annex any

 2-2     portion of the proposed area until after the fifth anniversary of

 2-3     the date of the election.

 2-4           SECTION 2.  Subchapter C, Chapter 43, Local Government Code,

 2-5     is amended by adding Sections 43.0541 and 43.0542 to read as

 2-6     follows:

 2-7           Sec. 43.0541.  ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF

 2-8     MORE THAN 250,000.  (a)  A municipality with a population of more

 2-9     than 250,000 may not annex a strip of area following the course of

2-10     a road, highway, river, stream, creek, or other natural or

2-11     constructed feature if the commissioners court of the county in

2-12     which a majority of the area is located, by resolution, finds that

2-13     the area:

2-14                 (1)  is composed primarily of commercial property or

2-15     property with a high taxable value;

2-16                 (2)  is part of a larger area in which a sense of

2-17     community exists among a significant number of the residents and

2-18     landowners; and

2-19                 (3)  does not include all parts of the larger area in

2-20     which the sense of community exists.

2-21           (b)  To prevent the annexation, the commissioners court must

2-22     adopt the resolution before the completion of the annexation by the

2-23     municipality.

2-24           (c)  Each finding by a commissioners court under this section

2-25     shall be reviewed by an annexation review committee consisting of:

2-26                 (1)  the county judge;

2-27                 (2)  a county commissioner designated by the

 3-1     commissioners court;

 3-2                 (3)  a member of the governing body of the municipality

 3-3     designated by that governing body;

 3-4                 (4)  a person appointed by the state representative

 3-5     whose district includes the majority of the area proposed for

 3-6     annexation; and

 3-7                 (5)  a person appointed by the state senator whose

 3-8     district includes the majority of the area proposed for annexation.

 3-9           (d)  The designations and appointments to the committee shall

3-10     be made not later than the 14th day after the date of the adoption

3-11     of the commissioners court resolution.

3-12           (e)  The county judge is the presiding officer of the

3-13     committee.  The committee shall meet at the call of the presiding

3-14     officer at a place convenient to the majority of the area proposed

3-15     for annexation.

3-16           (f)  The committee may affirm or reverse the finding of the

3-17     commissioners court.  The committee must issue its decision not

3-18     later than the 60th day after the date of the adoption of the

3-19     commissioners court resolution.  The decision of the committee may

3-20     be appealed to a district court serving the county in which a

3-21     majority of the area proposed for annexation is located.  The

3-22     district court may not substitute its judgment for that of the

3-23     commissioners court or the annexation review committee unless the

3-24     decision by the commissioners court or the committee was arbitrary,

3-25     capricious, unlawful, or not supported by substantial evidence.

3-26           (g)  If the finding of the commissioners court is reversed by

3-27     the annexation review committee or by a court, the time during

 4-1     which the municipality was prevented from annexing the area as a

 4-2     result of the commissioners court resolution is not included in

 4-3     computing the period within which the municipality must complete

 4-4     the annexation under Section 43.053.

 4-5           Sec. 43.0542.  FAILURE OF MUNICIPALITY TO PROVIDE WATER OR

 4-6     SEWER SERVICES.  (a)  If a municipality fails to provide water or

 4-7     sewer services to an annexed area before the 10th anniversary of

 4-8     the date of the annexation, a municipal ordinance or other

 4-9     municipal regulation has no effect in the annexed area until the

4-10     municipality provides water or sewer services to the annexed area.

4-11           (b)  Subsection (a) does not permit a municipality to

4-12     discontinue providing any other municipal service to the annexed

4-13     area.

4-14           SECTION 3.  The changes in law made by Sections 43.0215,

4-15     43.0541, and 43.0542, Local Government Code, as added by this Act,

4-16     apply only to an annexation in process on or initiated after the

4-17     effective date of this Act.

4-18           SECTION 4.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended,

4-23     and that this Act take effect and be in force from and after its

4-24     passage, and it is so enacted.