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.