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.