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.