By Hamric                                       H.B. No. 3072

      75R5050 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision of certain services in newly annexed

 1-3     areas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 43, Local Government Code,

 1-6     is amended by adding Section 43.058 to read as follows:

 1-7           Sec.  43.058.  PROVISION OF CERTAIN SERVICES IN NEWLY ANNEXED

 1-8     AREA.  (a)  A municipality shall contract with the existing service

 1-9     providers in an area the municipality proposes to annex to continue

1-10     to  provide services required under Section 43.056 for the 10-year

1-11     period immediately following the date of the municipality's

1-12     annexation if a majority of the voters of the area to be annexed

1-13     who vote in an election on the question of contracting with the

1-14     service providers vote to require the municipality to contract with

1-15     the providers.

1-16           (b)  An election under Subsection (a) shall be held if the

1-17     county clerk of the county in which a majority of area proposed to

1-18     be annexed is located receives a petition asking for an election

1-19     signed by at least 10 percent of the registered voters who reside

1-20     in the proposed area.  The petition must be filed not later than

1-21     the 30th day after the date the municipality prepares a service

1-22     plan under Section 43.056.  The county clerk shall determine the

1-23     validity of the petition under Chapter 277, Election Code, not

1-24     later than the 30th day after the date the petition is received.

 2-1           (c)  If the county clerk determines that a petition filed

 2-2     under Subsection (b) is valid or if the county clerk fails to make

 2-3     a determination within the time prescribed by that subsection, the

 2-4     county clerk shall certify that fact to the governing body of the

 2-5     municipality and to the commissioners court of the county in which

 2-6     a majority of the area proposed to be annexed is located.  The

 2-7     county shall order and conduct the election in the area to be

 2-8     annexed.  The county shall order the elections to be held on the

 2-9     first uniform election date that occurs at least 45 days after the

2-10     date the governing body and commissioners court receive the clerk's

2-11     certification.

2-12           (d)  At the election the ballots shall be prepared to permit

2-13     voting for or against the following proposition:  "The retention of

2-14     existing service providers to (name of tract) after the annexation

2-15     of the area by (name of municipality)."  The county shall designate

2-16     the name of the tract based on a name commonly used in the region

2-17     to identify the tract.

2-18           (e)  If more than 50 percent of the votes received in the

2-19     election held under Subsection (d) approve the proposition, the

2-20     municipality may not annex any portion of the area until the

2-21     municipality has entered into a 10-year contract with the existing

2-22     service providers.

2-23           (f)  This section does not apply to an annexation of an area

2-24     if no qualified voters reside in the area.

2-25           (g)  The municipality shall pay for the cost of holding the

2-26     election.

2-27           SECTION 2.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended,

 3-5     and that this Act take effect and be in force from and after its

 3-6     passage, and it is so enacted.