By Hilbert H.B. No. 2366 75R8446 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to comprehensive annexation planning by a municipality. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 43, Local Government Code, is amended by 1-5 adding Subchapter I to read as follows: 1-6 SUBCHAPTER I. ANNEXATION PLANNING 1-7 Sec. 43.301. APPLICATION. This chapter applies to a 1-8 municipality with a population of 225,000 or more. 1-9 Sec. 43.302. RESTRICTIONS ON ANNEXATION OR REGULATION. A 1-10 municipality may not annex or regulate any area under this chapter 1-11 except if the annexation or regulation conforms to an annexation 1-12 plan adopted under this subchapter. 1-13 Sec. 43.303. ANNEXATION PLAN. (a) A municipality shall 1-14 prepare an annexation plan that describes any proposed annexations 1-15 or regulations in the municipality's extraterritorial jurisdiction 1-16 for a 10-year period following the publication of the plan. A 1-17 municipality may modify the plan annually. 1-18 (b) The plan adopted by the municipality shall require that 1-19 the annexation or regulation of an area occur in a manner that: 1-20 (1) is orderly; 1-21 (2) treats all areas in the municipality's 1-22 extraterritorial jurisdiction in the same manner; 1-23 (3) provides all necessary or requested information to 1-24 residents of the area to be annexed or regulated in a timely 2-1 manner; 2-2 (4) is fiscally responsible to residents of the 2-3 municipality and the area to be annexed or regulated; 2-4 (5) requires the municipality to cooperate with the 2-5 residents of the area and any other political subdivision located, 2-6 in whole or in part, in the area; and 2-7 (6) follows a logical and progressive manner. 2-8 Sec. 43.304. CONTENTS OF PLAN. (a) The plan shall: 2-9 (1) describe the municipality's method of determining 2-10 the areas in the municipality's extraterritorial jurisdiction that 2-11 will be annexed or regulated in the five years following the date 2-12 the plan is prepared; 2-13 (2) require that a municipality contact the existing 2-14 service providers in an area the municipality proposes to annex and 2-15 jointly develop any service plan required under Section 43.056; 2-16 (3) include the requirements of a planning study and 2-17 regulatory plan for each proposed annexation similar to the study 2-18 and plan described by Section 43.123; and 2-19 (4) require the municipality to describe the ability 2-20 of residents of the affected area to vote in any municipal election 2-21 or to participate in municipal government. 2-22 (b) A plan may not propose to annex or regulate an area in 2-23 the extraterritorial jurisdiction of the municipality if the area 2-24 is not directly adjacent to the boundaries of the municipality. An 2-25 area is not directly adjacent to the boundaries of a municipality 2-26 if the area is adjacent to the boundaries of the municipality by a 2-27 strip of area in the municipality that follows the course of a 3-1 road, highway, river, stream, or creek, and that has a width of 3-2 less than 1,000 feet at any point in the strip of area. 3-3 (c) A plan shall require that a municipality must conduct an 3-4 economic impact study before annexing an area. The study shall 3-5 measure the economic impact on the municipality and the area 3-6 proposed to be annexed. The study shall follow procedures similar 3-7 to those adopted by state agencies in conducting an economic impact 3-8 analysis. The study shall be conducted by an independent entity 3-9 selected by the municipality and an entity representing the 3-10 interests of the area proposed to be annexed. If a municipal 3-11 utility district or other special district exists in the area, the 3-12 district shall be the representative entity. 3-13 SECTION 2. A municipality shall adopt a plan under 3-14 Subchapter I, Chapter 43, Local Government Code, as added by this 3-15 Act, not later than January 1, 1998. A municipality may not annex 3-16 an area or impose a new regulation on an area until the 3-17 municipality has adopted a plan under this section. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended, 3-23 and that this Act take effect and be in force from and after its 3-24 passage, and it is so enacted.