By Bosse H.B. No. 2872
75R7079 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.
1-9 (a) Except as provided by Subsection (b), a municipality may not
1-10 annex any area until after August 31, 1999.
1-11 (b) A municipality may annex an area only if:
1-12 (1) a majority of the registered voters of the area to
1-13 be annexed sign and present a petition to the municipal secretary
1-14 that:
1-15 (A) describes the area to be annexed in a manner
1-16 sufficient to clearly identify the area; and
1-17 (B) requests annexation of the area; and
1-18 (2) the municipal secretary certifies to the governing
1-19 body of the municipality the validity of the petition.
1-20 (c) A municipality shall disannex an area that was annexed
1-21 by the municipality on or after March 1, 1997, if:
1-22 (1) a majority of registered voters of the area
1-23 annexed sign and present a petition to the municipal secretary
1-24 that:
2-1 (A) describes the area to be disannexed in a
2-2 manner sufficient to clearly identify the area; and
2-3 (B) requests disannexation of the area; and
2-4 (2) the municipal secretary certifies to the governing
2-5 body of the municipality the validity of the petition.
2-6 (d) The municipal secretary shall determine whether a
2-7 petition submitted under Subsection (b) or (c) complies with the
2-8 requirements of this section not later than the 10th day after the
2-9 date the petition is submitted. Not later than the fifth day after
2-10 the date the municipal secretary determines that the petition is
2-11 valid, the secretary shall certify the validity of the petition to
2-12 the governing body of the municipality.
2-13 (e) This section expires September 1, 1999.
2-14 Sec. 43.0202. STUDY COMMISSION ON MUNICIPAL ANNEXATION.
2-15 (a) The Study Commission on Municipal Annexation is composed of 10
2-16 members appointed as follows:
2-17 (1) five members appointed by the lieutenant governor;
2-18 and
2-19 (2) five members appointed by the speaker of the
2-20 house.
2-21 (b) Each member of the commission serves at the will of the
2-22 person who appointed the member.
2-23 (c) The commission shall elect a presiding officer and
2-24 assistant presiding officer from its members.
2-25 (d) A member of the commission is not entitled to receive
2-26 compensation for service on the commission but is entitled to
2-27 reimbursement of the travel expenses incurred by the member while
3-1 conducting the business of the commission, as provided by the
3-2 General Appropriations Act.
3-3 (e) The commission may accept gifts and grants from any
3-4 source to be used to carry out a function of the commission.
3-5 (f) The commission shall study issues that the commission
3-6 determines have importance to municipal annexation, including
3-7 annexation procedures, reasons and procedures for disannexation,
3-8 and the delivery of services following annexation. The commission
3-9 may:
3-10 (1) appoint an advisory committee to assist the
3-11 commission in studying a specific annexation issue; and
3-12 (2) draft proposed legislation to modify existing
3-13 annexation statutes.
3-14 (g) Not later than December 1, 1998, the commission shall
3-15 issue a report summarizing:
3-16 (1) any hearings conducted by the commission;
3-17 (2) any studies conducted by the commission;
3-18 (3) any legislation proposed by the commission; and
3-19 (4) any other findings and recommendations of the
3-20 commission.
3-21 (h) The commission shall promptly deliver copies of the
3-22 report to the lieutenant governor and the speaker of the house.
3-23 (i) The commission shall adopt rules to administer this
3-24 section.
3-25 (j) The commission is abolished, and this section expires
3-26 June 1, 1999.
3-27 SECTION 2. Before November 1, 1997, the lieutenant governor
4-1 and the speaker of the house shall appoint members to the Study
4-2 Commission on Municipal Annexation as provided by Section 43.0202,
4-3 Local Government Code, as added by this Act.
4-4 SECTION 3. Section 43.0201, Local Government Code, as added
4-5 by this Act, applies to any action by a municipality to annex an
4-6 area, regardless of whether the annexation proceeding was initiated
4-7 before the effective date of this Act.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.