75R12686 PAM-D
By Hilbert H.B. No. 2363
Substitute the following for H.B. No. 2363:
By Turner of Coleman C.S.H.B. No. 2363
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of services in certain annexed areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.052, Local Government Code, is amended
1-5 by amending Subsections (a) and (b) and adding Subsection (d) to
1-6 read as follows:
1-7 (a) Before a municipality may institute annexation
1-8 proceedings, the governing body of the municipality must conduct at
1-9 least three [two] public hearings on separate days at which persons
1-10 interested in the annexation are given the opportunity to be
1-11 heard. The first hearing [hearings] must be conducted on or after
1-12 the 75th [40th] day [but before the 20th day] before the date of
1-13 the institution of the proceedings. Each hearing must be separated
1-14 by 30 or more days from the date of a previous hearing. The
1-15 hearings must be held between 7 p.m. and 9 p.m.
1-16 (b) The municipality shall hold:
1-17 (1) at [At] least one of the hearings [must be held]
1-18 in the area proposed for annexation; and
1-19 (2) at least one of the hearings at a site designated
1-20 by the municipal utility districts in the area proposed for
1-21 annexation [if more than 20 adult residents of the area file a
1-22 written protest of the annexation with the secretary of the
1-23 municipality within 10 days after the date of the publication of
1-24 the notice required by this section. The protest must state the
2-1 name, address, and age of each protester who signs].
2-2 (d) A hearing conducted under this section shall be
2-3 conducted by a visiting state judge and a written record of the
2-4 proceedings shall be maintained by the municipality during the
2-5 period covered by the service plan.
2-6 SECTION 2. Section 43.056, Local Government Code, is amended
2-7 to read as follows:
2-8 Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA. (a) In
2-9 this section, "full municipal services" means services funded in
2-10 whole or in part by municipal taxation and provided by the annexing
2-11 municipality within its full-purpose boundaries.
2-12 (b) Before the publication of the notice of the first
2-13 hearing required under Section 43.052, the governing body of the
2-14 municipality proposing the annexation shall [direct its planning
2-15 department or other appropriate municipal department to] prepare a
2-16 service plan that provides for the extension of full municipal
2-17 services to the area to be annexed. The municipality shall provide
2-18 the services by any of the methods by which it extends the services
2-19 to any other area of the municipality. The service plan must
2-20 include:
2-21 (1) one or more maps that show the boundaries of the
2-22 municipality at the time the plan is prepared and the boundaries of
2-23 the area to be annexed in relation to the municipal boundaries;
2-24 (2) one or more maps that bear the seal of an engineer
2-25 licensed by this state and that show the major trunk water mains
2-26 and sewer interceptors and outfalls of the municipality at the time
2-27 the plan is prepared and the proposed extensions of the water mains
3-1 and sewer interceptors and outfalls to serve the area to be
3-2 annexed;
3-3 (3) the general land use patterns in the area to be
3-4 annexed;
3-5 (4) a description of the methods by which the
3-6 municipality will finance the extension of services to the area to
3-7 be annexed; and
3-8 (5) a statement indicating whether the area to be
3-9 annexed meets the requirements of Sections 43.051, 43.054, and
3-10 43.055.
3-11 (c) [(b)] The service plan must include a program under
3-12 which the municipality will provide:
3-13 (1) certain services in the annexed area in accordance
3-14 with Subsection (d) or (e); and
3-15 (2) full municipal services in the annexed area not
3-16 [no] later than the second anniversary of [4 1/2 years after] the
3-17 effective date of the annexation, in accordance with Subsection (h)
3-18 [(d)].
3-19 (d) Under the service plan, [However, under the program] the
3-20 municipality must provide the following services in the area within
3-21 60 days after the effective date of the annexation of the area:
3-22 (1) police protection;
3-23 (2) fire protection;
3-24 (3) emergency medical service;
3-25 (4) [(3)] solid waste collection;
3-26 (5) [(4)] maintenance of water and wastewater
3-27 facilities in the annexed area that are not within the service area
4-1 of another water or wastewater utility;
4-2 (6) [(5)] maintenance of roads and streets, including
4-3 road and street lighting;
4-4 (7) [(6)] maintenance of parks, playgrounds, and
4-5 swimming pools; and
4-6 (8) [(7)] maintenance of any other publicly owned
4-7 facility, building, or service.
4-8 (e) This subsection, instead of Subsection (d), applies to
4-9 [(b-1) The service plan of] a municipality with a population of
4-10 50,000 [1.5 million] or more. Under the service plan, [must include
4-11 a program under which the municipality will provide full municipal
4-12 services in the annexed area no later than 4 1/2 years after the
4-13 effective date of the annexation, in accordance with Subsection
4-14 (d). However, under the program] the municipality must:
4-15 (1) provide the following services in the area on and
4-16 after the effective date of the annexation of the area:
4-17 (A) police protection; and
4-18 (B) solid waste collection;
4-19 (2) provide the following services in the area within
4-20 30 days after the effective date of the annexation of the area, if
4-21 the services are provided through a contract between the
4-22 municipality and a service provider:
4-23 (A) emergency medical service; and
4-24 (B) fire protection; and
4-25 (3) provide the following services in the area within
4-26 60 days after the effective date of the annexation of the area:
4-27 (A) maintenance of water and wastewater
5-1 facilities in the annexed area that are not within the service area
5-2 of another water or wastewater utility;
5-3 (B) maintenance of roads and streets, including
5-4 road and street lighting;
5-5 (C) maintenance of parks, playgrounds, and
5-6 swimming pools;
5-7 (D) maintenance of any other publicly owned
5-8 facility, building, or service; and
5-9 (E) emergency medical service and fire
5-10 protection, if the services are provided by municipal personnel and
5-11 equipment.
5-12 (f) [(c) For purposes of this section, "full municipal
5-13 services" means services funded in whole or in part by municipal
5-14 taxation and provided by the annexing municipality within its
5-15 full-purpose boundaries.] A municipality with a population of
5-16 50,000 [1.5 million] or more may provide all or part of the
5-17 municipal services required under the service plan by contracting
5-18 with service providers. If the municipality owns a water and
5-19 wastewater utility, the municipality shall, subject to this
5-20 section, provide for the extension of major trunk water mains and
5-21 sewer lines into the [extend water and wastewater service to any]
5-22 annexed area not within the service area of another water or
5-23 wastewater utility so that, after construction of the lines, the
5-24 property owners in the annexed area will be able to secure public
5-25 water and sewer service according to the municipal policies for
5-26 extending water and sewer lines to individual lots or subdivisions.
5-27 If the owner of an occupied dwelling unit or an operating
6-1 commercial or industrial property in the area to be annexed
6-2 requests the municipality to extend water and sewer lines to the
6-3 property or to a point on a public street or road right-of-way
6-4 adjacent to the property, the municipality shall, at the time of
6-5 the adoption of the annexation ordinance, amend the service plan to
6-6 reflect and accommodate those extensions and to establish a
6-7 schedule for constructing any necessary trunk water mains, sewer
6-8 outfall lines, sewer lines, and water lines as soon as possible,
6-9 but not later than the second anniversary of the effective date of
6-10 the annexation. The request from the property owner must:
6-11 (1) be in writing on a form that is prescribed by the
6-12 municipality and state that the extension will be made according to
6-13 the municipal policies for extending water and sewer lines to
6-14 individual lots or subdivisions; and
6-15 (2) be filed with the municipal secretary or clerk
6-16 before the 30th day before the date the annexation ordinance is
6-17 adopted.
6-18 (g) If the municipality annexes territory included within
6-19 the boundaries of a municipal utility district or a water control
6-20 and improvement district, the municipality shall comply with
6-21 applicable state law relating to annexation of territory within a
6-22 municipal utility district or a water control and improvement
6-23 district. The service plan shall summarize the service extension
6-24 policies of the municipal water and wastewater utility.
6-25 (h) [(d)] The service plan must also include a program under
6-26 which the municipality will initiate the acquisition or
6-27 construction of capital improvements necessary for providing
7-1 municipal services adequate to serve the area. The construction
7-2 shall begin [within two years] after the effective date of the
7-3 annexation of the area and shall be substantially completed on or
7-4 before the second anniversary of [within 4 1/2 years after] that
7-5 date. The acquisition or construction of the facilities shall be
7-6 accomplished by purchase, lease, or other contract or by the
7-7 municipality succeeding to the powers, duties, assets, and
7-8 obligations of a conservation and reclamation district as
7-9 authorized or required by law. The construction of the facilities
7-10 shall be accomplished in a continuous process and shall be
7-11 completed as soon as reasonably possible, consistent with generally
7-12 accepted local engineering and architectural standards and
7-13 practices. However, the municipality does not violate this
7-14 subsection if the construction process is interrupted for any
7-15 reason by circumstances beyond the direct control of the
7-16 municipality. The requirement that construction of capital
7-17 improvements must be substantially completed on or before the
7-18 second anniversary of the effective date of the annexation [within
7-19 4 1/2 years] does not apply to a development project or proposed
7-20 development project within an annexed area if the annexation of the
7-21 area was initiated by petition or request of the owners of land in
7-22 the annexed area and the municipality and the landowners have
7-23 agreed in writing that the development project within that area,
7-24 because of its size or projected manner of development by the
7-25 developer, is not reasonably expected to be completed within that
7-26 period.
7-27 (i) [(e)] A service plan may not:
8-1 (1) require the creation of another political
8-2 subdivision;
8-3 (2) require a landowner in the area to fund the
8-4 capital improvements necessary to provide municipal services in a
8-5 manner inconsistent with Chapter 395 unless otherwise agreed to by
8-6 the landowner; [or]
8-7 (3) provide fewer services or lower levels of services
8-8 in the area[:]
8-9 [(A)] than were in existence in the area
8-10 immediately preceding the date of the annexation, regardless of
8-11 whether those services were provided before annexation by
8-12 governmental entities, volunteers, property owners' associations,
8-13 or other nongovernmental providers; or
8-14 (4) provide fewer services or lower levels of services
8-15 in the area [(B)] than are [otherwise] available in other parts of
8-16 the municipality [with land uses and population densities similar
8-17 to those reasonably contemplated or projected in the area].
8-18 (j) The service plan must provide that every municipal
8-19 service described in the plan for the area to be annexed be
8-20 provided in a manner that ensures the services are equal to or
8-21 better than the services provided to the area immediately before
8-22 annexation. An annexation may not occur if any service proposed in
8-23 the plan is less than the service provided immediately before the
8-24 annexation. The service must also be provided to each portion of
8-25 the area to be annexed in the exact way that the service is
8-26 provided to any other portion of the area to be annexed.
8-27 (k) The service plan shall allow a resident of the area
9-1 proposed to be annexed to vote in any election. If a municipality
9-2 holds an election and the residents of an annexed area are not
9-3 allowed to vote in the election, the results of the election are
9-4 void. This subsection does not apply to:
9-5 (1) an election on the question of the creation of a
9-6 municipal special district or authority in which no part of the
9-7 area annexed is part of the proposed special district or authority
9-8 and the creation of which would not create any liability for which
9-9 a resident of the annexed area would be requested to pay in any
9-10 way, including through the payment of any municipal tax;
9-11 (2) a local option election conducted under Chapter
9-12 251, Alcoholic Beverage Code, in which no part of the area annexed
9-13 is part of the area affected by the election; or
9-14 (3) an election for a single-member district of the
9-15 municipality, in which no part of the area annexed is part of the
9-16 area within the district.
9-17 (l) [(f)] If only a part of the area to be annexed is
9-18 actually annexed, the governing body shall direct the department to
9-19 prepare a revised service plan for that part.
9-20 (m) [(g)] The proposed service plan must be made available
9-21 for public inspection and explained to the inhabitants of the area
9-22 at the public hearings held under Section 43.052. The plan may be
9-23 amended through negotiation at the hearings, but the provision of
9-24 any service may not be deleted. On completion of the public
9-25 hearings, the service plan shall be attached to the ordinance
9-26 annexing the area and approved as part of the ordinance.
9-27 (n) [(h)] On approval by the governing body, the service
10-1 plan is a contractual obligation that is not subject to amendment
10-2 or repeal except that if the governing body determines at the
10-3 public hearings required by this subsection that changed conditions
10-4 or subsequent occurrences make the service plan unworkable or
10-5 obsolete, the governing body may amend the service plan to conform
10-6 to the changed conditions or subsequent occurrences. An amended
10-7 service plan must provide for services that are comparable to or
10-8 better than those established in the service plan before amendment.
10-9 Before any amendment is adopted, the governing body must provide an
10-10 opportunity for interested persons to be heard at public hearings
10-11 called and held in the manner provided by Section 43.052.
10-12 (o) [(i) A service plan is valid for 10 years. Renewal of
10-13 the service plan is at the discretion of the municipality.] A
10-14 person residing in an annexed area may enforce a service plan by
10-15 applying for a writ of mandamus. If a court issues the writ, the
10-16 municipality shall pay the person's costs and reasonable attorney's
10-17 fees in bringing the action. A writ issued under this subsection
10-18 must provide the municipality the option of disannexing the area
10-19 within 30 days.
10-20 (p) [(j)] A municipality that annexes an area shall provide
10-21 the area or cause the area to be provided with services in
10-22 accordance with the service plan for the area.
10-23 [(k) This section does not require that a uniform level of
10-24 full municipal services be provided to each area of the
10-25 municipality if different characteristics of topography, land use,
10-26 and population density are considered a sufficient basis for
10-27 providing different levels of service.]
11-1 SECTION 3. Subchapter C, Chapter 43, Local Government Code,
11-2 is amended by adding Section 43.0562 to read as follows:
11-3 Sec. 43.0562. ADDITIONAL SERVICE PLAN REQUIREMENTS:
11-4 EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES. (a) In addition
11-5 to the requirements for a service plan under Section 43.056, a
11-6 service plan under this chapter must include:
11-7 (1) a description of the emergency medical services to
11-8 be provided to the annexed area that includes a description of:
11-9 (A) service delivery times, including dispatch
11-10 and response times;
11-11 (B) equipment and supplies, including types of
11-12 ambulance units, types of medical equipment with which units are
11-13 equipped, and the ability of emergency services providers to use
11-14 the equipment and supplies;
11-15 (C) staffing and qualifications of emergency
11-16 medical service workers;
11-17 (D) communications provided to units in the
11-18 area, including the use of 9-1-1 systems or other emergency
11-19 communication systems;
11-20 (E) any mutual aid agreements the municipality
11-21 has made or will make;
11-22 (F) any special apparatus or services, including
11-23 emergency education training;
11-24 (G) the cost of providing emergency medical
11-25 services; and
11-26 (H) other detailed direct comparisons between
11-27 any aspect of emergency medical services and the services proposed
12-1 to be provided by the municipality; and
12-2 (2) a description of the fire protection services to
12-3 be provided to the area that includes a description of:
12-4 (A) service delivery times, including average
12-5 dispatch and average response times;
12-6 (B) the types of fire protection equipment and
12-7 capabilities, including whether the equipment meets industry
12-8 standards at the time of the annexation, is capable of comparable
12-9 or multiple functions, and is capable of stand-alone operations and
12-10 whether any reserve equipment is in fact operational;
12-11 (C) the organization and staffing of fire
12-12 protection units in the area, including whether the organization is
12-13 capable of addressing the immediate needs of the area, whether
12-14 sufficient well-trained personnel exist, and the certification and
12-15 training levels of the personnel;
12-16 (D) the cost of providing the fire protection
12-17 services;
12-18 (E) any mutual aid agreements the municipality
12-19 has made or will make;
12-20 (F) any special apparatus or services, including
12-21 hazardous materials units or vehicles, water, technical, or
12-22 vehicular rescue units or training, and emergency education
12-23 training; and
12-24 (G) other detailed direct comparisons between
12-25 any aspect of fire protection services in the area immediately
12-26 before annexation and the services proposed to be provided by the
12-27 municipality.
13-1 (b) In determining whether municipal service providers
13-2 provide service equal to or better than that provided by a
13-3 voluntary provider, a voluntary provider is considered equal to a
13-4 municipal service provider if the voluntary provider is trained or
13-5 certified under state law and has complied with any continuing
13-6 education requirements.
13-7 (c) In determining whether service delivery or response
13-8 times are equal to or better than services immediately before
13-9 annexation, the service plan shall use the service delivery or
13-10 response times of the emergency medical or fire protection
13-11 organization operating in the area.
13-12 (d) A fire protection or emergency service mutual aid
13-13 agreement that existed before the date of the service plan shall be
13-14 continued under the service plan for a period of not less than 10
13-15 years.
13-16 (e) If a municipality enters into an agreement with any
13-17 party to provide services under the plan required by this section,
13-18 the municipality shall provide the party with compatible
13-19 communication equipment that allows the party to communicate, in
13-20 any manner the party determines is necessary, directly with the
13-21 municipality's service provider.
13-22 (f) Not later than the 30th day after the date of the last
13-23 hearing under Section 43.052, the municipality and the municipal
13-24 utility districts in the area proposed to be annexed shall agree on
13-25 an independent third party to review the service plan to determine
13-26 if the plan meets the requirements of this section. If the third
13-27 party determines that the service plan does not meet the
14-1 requirements, the service plan is void and the municipality shall
14-2 develop a new service plan that meets the requirements of this
14-3 section.
14-4 (g) If the municipality, in annexing an area, either renders
14-5 useless for its primary function an emergency service provider's or
14-6 fire protection provider's land, buildings, or equipment in the
14-7 area to be annexed or in an adjacent area, or, using eminent domain
14-8 powers, condemns a provider's land or buildings, the municipality
14-9 shall pay to the provider, not later than the 30th day before the
14-10 date of the annexation, the value of the land, building, or
14-11 equipment that is determined by the average of three independent
14-12 appraisals. The municipality shall pay the cost of the appraisals.
14-13 A service plan adopted under this section shall list any land,
14-14 buildings, or equipment affected and shall allow providers to add
14-15 additional affected property to the list.
14-16 SECTION 4. Subchapter C, Chapter 43, Local Government Code,
14-17 is amended by adding Section 43.0566 to read as follows:
14-18 Sec. 43.0566. ENGINEER'S REPORT REGARDING SERVICE PLAN;
14-19 PERFORMANCE BOND. (a) Before a service plan is finally prepared
14-20 under this subchapter, a municipality shall submit the plan for
14-21 review to an engineer who is licensed by this state and who is not
14-22 an employee of the municipality. The engineer shall estimate the
14-23 costs of implementing the service plan. The estimate must:
14-24 (1) itemize the costs and include a total of those
14-25 costs;
14-26 (2) cover the term of the service plan; and
14-27 (3) describe optional methods of implementing parts of
15-1 the plan if more than one method is reasonably possible.
15-2 (b) The engineer may consult other professionals as
15-3 necessary to comply with the duties imposed by this section and the
15-4 municipality shall pay the cost of those consultations.
15-5 (c) Within 30 days after the date an annexation ordinance is
15-6 adopted for an area to which the service plan applies, the
15-7 municipality shall post a performance bond to ensure the
15-8 implementation of the plan. The bond must:
15-9 (1) be issued by a surety company authorized to do
15-10 business in this state;
15-11 (2) be conditioned on the faithful performance of the
15-12 municipality's duties under the service plan;
15-13 (3) be in the amount estimated by the engineer to be
15-14 the total cost of implementing the service plan; and
15-15 (4) be payable to the owners of land in the area who
15-16 are entitled to services under the service plan.
15-17 SECTION 5. Subchapter C, Chapter 43, Local Government Code,
15-18 is amended by adding Section 43.0567 to read as follows:
15-19 Sec. 43.0567. VOTER CHALLENGE TO SERVICE PLAN BEFORE
15-20 ANNEXATION. (a) After a municipality prepares a service plan for
15-21 an area that the municipality proposes to annex and before the
15-22 annexation takes effect, the municipality may not proceed with the
15-23 annexation if the municipality receives a petition that:
15-24 (1) claims the service plan is deficient by not
15-25 complying with the provisions of this subchapter regarding service
15-26 plans and explains in detail the ways in which the service plan is
15-27 deficient;
16-1 (2) is signed by a number of registered voters of the
16-2 area to be annexed equal to at least 10 percent of the number of
16-3 registered voters in the area; and
16-4 (3) complies with Chapter 277, Election Code, as if
16-5 the petition were a petition for an election.
16-6 (b) The municipality shall determine whether the petition is
16-7 valid within five days after the date the petition is filed with
16-8 the municipality. If the municipality fails to make the
16-9 determination within the permitted period, the petition is
16-10 considered valid on the sixth day after the date it is filed with
16-11 the municipality.
16-12 (c) If the municipality disagrees with the claim made by the
16-13 petition that the service plan is deficient, the municipality may
16-14 submit to an arbitration panel the question of whether the service
16-15 plan is deficient as described by the petition. To begin the
16-16 arbitration process, the municipality shall mail to each signer of
16-17 the petition, at the signer's address contained on the petition, a
16-18 notice stating the municipality's intent to begin arbitration. The
16-19 notice must be mailed by depositing it in the United States mail
16-20 within 10 days after the date the petition is determined to be
16-21 valid under Subsection (b). Within 30 days after the date the
16-22 notice is mailed, an arbitration panel shall be appointed as
16-23 follows:
16-24 (1) the municipality shall appoint one member of the
16-25 panel;
16-26 (2) the signers, by joint action representing a
16-27 majority of the signers, shall appoint one member of the panel; and
17-1 (3) the district judge who serves in the county in
17-2 which a majority of the area to be annexed is located and who has
17-3 the longest tenure as a district judge in that county shall appoint
17-4 one member of the panel.
17-5 (d) The decision of the arbitration panel is binding on the
17-6 municipality and the signers of the petition. If the arbitration
17-7 panel decides in favor of the signers, the municipality may not
17-8 proceed with the annexation. The municipality may not initiate new
17-9 annexation proceedings in connection with the area until after the
17-10 first anniversary of the date of the arbitration panel's decision,
17-11 and if the municipality initiates annexation proceedings after that
17-12 date, it must prepare a new service plan for the area. If the
17-13 arbitration panel decides in favor of the municipality, the
17-14 municipality may proceed with the annexation.
17-15 (e) The arbitration panel is governed by Chapter 171, Civil
17-16 Practice and Remedies Code, as if this section were a written
17-17 contract requiring arbitration between the municipality and the
17-18 signers of the petition. A reference in that chapter to a court
17-19 means the court of the district judge who appoints a member of the
17-20 arbitration panel under Subsection (c).
17-21 SECTION 6. Subchapter C, Chapter 43, Local Government Code,
17-22 is amended by adding Section 43.058 to read as follows:
17-23 Sec. 43.058. EXPENDITURE OF TAX REVENUE IN ANNEXED AREA.
17-24 (a) A municipality shall create a separate account in the
17-25 municipal treasury for each area the municipality annexes. The
17-26 municipality shall deposit to the credit of the account at least 50
17-27 percent of the property tax revenue the municipality collects each
18-1 year from the annexed area. The municipality also shall deposit to
18-2 the credit of the account any interest earned on the money in the
18-3 account.
18-4 (b) The money in the account may be used only to finance:
18-5 (1) the construction or maintenance of capital
18-6 improvements in the area that are necessary for the municipality to
18-7 provide services to the area; and
18-8 (2) other improvements in, or programs provided to,
18-9 the area that directly benefit the area.
18-10 SECTION 7. Section 43.141, Local Government Code, is amended
18-11 to read as follows:
18-12 Sec. 43.141. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES.
18-13 (a) Ten percent [A majority] of the registered [qualified] voters
18-14 of an annexed area may petition the governing body of the
18-15 municipality to disannex the area if the municipality fails or
18-16 refuses to provide services or to cause services to be provided to
18-17 the area within the period specified by Section 43.056 and, if
18-18 applicable, Section 43.0565 or by the service plan prepared for the
18-19 area under those sections [that section].
18-20 (b) If the governing body fails or refuses to disannex the
18-21 area within 60 days after the date of the receipt of the petition,
18-22 any one or more of the signers of the petition may submit to an
18-23 arbitration panel the question of whether the municipality failed
18-24 or refused to act as described by Subsection (a). To begin the
18-25 arbitration process, the signers of the petition who intend to be
18-26 parties to the arbitration shall file with the municipality a
18-27 notice stating the intent of those signers to begin arbitration.
19-1 The notice must be filed within 10 days after the expiration of the
19-2 60-day period described by this subsection. Within 30 days after
19-3 the date the notice is filed, an arbitration panel shall be
19-4 appointed as follows:
19-5 (1) the municipality shall appoint one member of the
19-6 panel;
19-7 (2) the signers who filed the notice, by joint action
19-8 representing a majority of those signers, shall appoint one member
19-9 of the panel; and
19-10 (3) the district judge who serves in the county in
19-11 which a majority of the annexed area is located and who has the
19-12 longest tenure as a district judge in that county shall appoint one
19-13 member of the panel.
19-14 (c) The decision of the arbitration panel is binding on the
19-15 municipality and the signers of the petition. If the arbitration
19-16 panel decides in favor of the municipality, the municipality may
19-17 continue to act in accordance with the service plan as it
19-18 previously existed. If the arbitration panel decides [bring a
19-19 cause of action in a district court of the county in which the area
19-20 is principally located to request that the area be disannexed. On
19-21 the filing of an answer by the governing body, and on application
19-22 of either party, the case shall be advanced and heard without
19-23 further delay in accordance with the Texas Rules of Civil
19-24 Procedure. The district court shall enter an order disannexing the
19-25 area if the court finds] that a valid petition was filed with the
19-26 municipality and that the municipality failed to perform its
19-27 obligations in accordance with the service plan or failed to
20-1 perform in good faith, the arbitration panel shall enter an order:
20-2 (1) disannexing the area; and
20-3 (2) requiring the municipality to pay to the
20-4 landowners of the area an administrative penalty, to be allocated
20-5 among the landowners in a manner the panel determines is just, in
20-6 the amount of $25,000 for each day the municipality is found to
20-7 have failed to perform its obligations in accordance with the
20-8 service plan or failed to perform in good faith.
20-9 (d) The arbitration panel is governed by Chapter 171, Civil
20-10 Practice and Remedies Code, as if this section were a written
20-11 contract requiring arbitration between the municipality and the
20-12 signers of the petition. A reference in that chapter to a court
20-13 means the court of the district judge who appoints a member of the
20-14 arbitration panel under Subsection (b).
20-15 (e) [(c)] If the area is disannexed under this section, it
20-16 may not be annexed again within five years after the date of the
20-17 disannexation. If it is reannexed within seven years after the
20-18 date of the disannexation, a service plan for the area must be
20-19 implemented not later than one year after the date of the
20-20 reannexation.
20-21 (f) [(d)] The petition for disannexation must:
20-22 (1) be written;
20-23 (2) request the disannexation;
20-24 (3) be signed in ink or indelible pencil by the
20-25 appropriate voters;
20-26 (4) be signed by each voter as that person's name
20-27 appears on the most recent official list of registered voters;
21-1 (5) contain a note made by each voter stating the
21-2 person's residence address and the precinct number and voter
21-3 registration number that appear on the person's voter registration
21-4 certificate;
21-5 (6) describe the area to be disannexed and have a plat
21-6 or other likeness of the area attached; and
21-7 (7) be presented to the secretary of the municipality.
21-8 (g) [(e)] The signatures to the petition need not be
21-9 appended to one paper.
21-10 (h) [(f)] Before the petition is circulated among the
21-11 voters, notice of the petition must be given by posting a copy of
21-12 the petition for 10 days in three public places in the annexed area
21-13 and by publishing a copy of the petition once in a newspaper of
21-14 general circulation serving the area before the 15th day before the
21-15 date the petition is first circulated. Proof of the posting and
21-16 publication must be made by attaching to the petition presented to
21-17 the secretary:
21-18 (1) the sworn affidavit of any voter who signed the
21-19 petition, stating the places and dates of the posting; and
21-20 (2) the sworn affidavit of the publisher of the
21-21 newspaper in which the notice was published, stating the name of
21-22 the newspaper and the issue and date of publication.
21-23 SECTION 8. (a) The change in law made by this Act to
21-24 Section 43.052, Local Government Code, applies only to an
21-25 annexation for which the first hearing notice required by that
21-26 section is published on or after September 1, 1997. An annexation
21-27 for which the first hearing notice is published before that date is
22-1 governed by the law in effect at the time the notice is published,
22-2 and the former law is continued in effect for that purpose.
22-3 (b) The changes in law made by this Act to Section 43.056,
22-4 Local Government Code, apply only to an annexation for which the
22-5 annexation ordinance is adopted on or after September 1, 1997.
22-6 (c) Sections 43.0566, 43.0567, and 43.058, Local Government
22-7 Code, as added by this Act, apply only to an annexation for which
22-8 the annexation ordinance is adopted on or after September 1, 1997.
22-9 (d) The changes in law made by this Act to Section 43.141,
22-10 Local Government Code, apply only to an annexed area for which the
22-11 annexation ordinance is adopted on or after September 1, 1997. An
22-12 annexed area for which the annexation ordinance is adopted before
22-13 that date is governed by the law in effect at the time the
22-14 ordinance is adopted, and the former law is continued in effect for
22-15 that purpose.
22-16 SECTION 9. This Act takes effect September 1, 1997.
22-17 SECTION 10. The importance of this legislation and the
22-18 crowded condition of the calendars in both houses create an
22-19 emergency and an imperative public necessity that the
22-20 constitutional rule requiring bills to be read on three several
22-21 days in each house be suspended, and this rule is hereby suspended.