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.