By Hilbert                                      H.B. No. 1954

      75R5650 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to declaring a temporary moratorium on annexation and

 1-3     establishing a commission to study annexation procedures.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 43, Local Government Code,

 1-6     is amended by adding Sections 43.0201 and 43.0202 to read as

 1-7     follows:

 1-8           Sec. 43.0201.  TEMPORARY MORATORIUM ON ANNEXATION.  (a)  A

 1-9     municipality may not annex any area until after August 31, 1999.

1-10           (b)  This section expires September 1, 1999.

1-11           Sec. 43.0202.  STUDY COMMISSION ON MUNICIPAL ANNEXATION.

1-12     (a)  The Study Commission on Municipal Annexation is composed of

1-13     nine members appointed as follows:

1-14                 (1)  three members appointed by the lieutenant

1-15     governor;

1-16                 (2)  three members appointed by the speaker of the

1-17     house;

1-18                 (3)  one member appointed by the county judge of Bexar

1-19     County from the governing body of a municipal utility district

1-20     located wholly in Bexar County;

1-21                 (4)  one member appointed by the county judge of Harris

1-22     County from the governing body of a municipal utility district

1-23     located wholly in Harris County; and

1-24                 (5)  one member appointed by the county judge of Travis

 2-1     County from the governing body of a municipal utility district

 2-2     located wholly in Travis County.

 2-3           (b)  Each member of the commission serves at the will of the

 2-4     person who appointed the member.

 2-5           (c)  The commission shall elect a presiding officer and

 2-6     assistant presiding officer from its members.

 2-7           (d)  A member of the commission is not entitled to receive

 2-8     compensation for service on the commission but is entitled to

 2-9     reimbursement of the travel expenses incurred by the member while

2-10     conducting the business of the commission, as provided by the

2-11     General Appropriations Act.

2-12           (e)  The commission may accept gifts and grants from any

2-13     source to be used to carry out a function of the commission.

2-14           (f)  The commission shall study issues that the commission

2-15     determines have importance to municipal annexation, including

2-16     annexation procedures, reasons and procedures for disannexation,

2-17     and the delivery of services following annexation.  The commission

2-18     may:

2-19                 (1)  appoint an advisory committee to assist the

2-20     commission in studying a specific annexation issue; and

2-21                 (2)  draft proposed legislation to modify existing

2-22     annexation statutes.

2-23           (g)  Not later than December 1, 1998, the commission shall

2-24     issue a report summarizing:

2-25                 (1)  any hearings conducted by the commission;

2-26                 (2)  any studies conducted by the commission;

2-27                 (3)  any legislation proposed by the commission; and

 3-1                 (4)  any other findings and recommendations of the

 3-2     commission.

 3-3           (h)  The commission shall promptly deliver copies of the

 3-4     report to the lieutenant governor and the speaker of the house.

 3-5           (i)  The commission shall adopt rules to administer this

 3-6     section.

 3-7           (j)  The commission is abolished, and this section expires

 3-8     June 1, 1999.

 3-9           SECTION 2.  Before November 1, 1997, the lieutenant governor,

3-10     the speaker of the house, and the county judges shall appoint

3-11     members to the Study Commission on Municipal Annexation as provided

3-12     by Section 43.0202, Local Government Code, as added by this Act.

3-13           SECTION 3.  Section 43.0201, Local Government Code, as added

3-14     by this Act, applies to any action by a municipality to annex an

3-15     area, regardless of whether the annexation proceeding was initiated

3-16     before the effective date of this Act.

3-17           SECTION 4.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended,

3-22     and that this Act take effect and be in force from and after its

3-23     passage, and it is so enacted.