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.