By Galloway S.B. No. 127
75R1836 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to annexations by a municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 43, Local Government Code,
1-5 is amended by adding Section 43.0215 to read as follows:
1-6 Sec. 43.0215. VOTER APPROVAL OF ANNEXATION REQUIRED IN
1-7 CERTAIN MUNICIPALITIES. (a) This section applies only to a
1-8 municipality with a population of 1.6 million or more.
1-9 (b) The municipality may not annex an area for full or
1-10 limited purposes unless:
1-11 (1) the municipality holds on the same day a separate
1-12 election on the question of annexation in:
1-13 (A) the area to be annexed, at which the
1-14 qualified voters of the area may vote; and
1-15 (B) the municipality, at which the qualified
1-16 voters of the municipality may vote; and
1-17 (2) a majority of the votes received in each election
1-18 approve the annexation.
1-19 (c) If a majority of votes received in either election held
1-20 under Subsection (b) disapproves the annexation, the municipality
1-21 may not annex any portion of the area until the 10th anniversary of
1-22 the date of the election.
1-23 (d) This section does not apply to an annexation of an area
1-24 if:
2-1 (1) no qualified voters reside in the area; or
2-2 (2) the annexation is authorized by or subject to
2-3 another section of this chapter, other than Section 43.021.
2-4 (e) The municipality shall mail notice of the date of the
2-5 election and the area proposed to be annexed to all registered
2-6 voters in both the proposed area and the municipality.
2-7 (f) The municipality shall pay for the cost of holding the
2-8 elections and mailing notice of the elections to registered voters.
2-9 SECTION 2. Subchapter C, Chapter 43, Local Government Code,
2-10 is amended by adding Sections 43.0541 and 43.0542 to read as
2-11 follows:
2-12 Sec. 43.0541. ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF
2-13 MORE THAN 1.5 MILLION. (a) A municipality with a population of
2-14 more than 1.5 million may not annex a strip of area following the
2-15 course of a road, highway, river, stream, creek, or other natural
2-16 or constructed feature if the commissioners court of the county in
2-17 which a majority of the area is located, by resolution, finds that
2-18 the area:
2-19 (1) is composed primarily of commercial property or
2-20 property with a high taxable value;
2-21 (2) is part of a larger area in which a sense of
2-22 community exists among a significant number of the residents and
2-23 landowners; and
2-24 (3) does not include all parts of the larger area in
2-25 which the sense of community exists.
2-26 (b) To prevent the annexation, the commissioners court must
2-27 adopt the resolution before the completion of the annexation by the
3-1 municipality.
3-2 (c) Each finding by a commissioners court under this section
3-3 shall be reviewed by an annexation review committee consisting of:
3-4 (1) the county judge;
3-5 (2) a county commissioner designated by the
3-6 commissioners court;
3-7 (3) a member of the governing body of the municipality
3-8 designated by that governing body;
3-9 (4) a person appointed by the state representative
3-10 whose district includes the majority of the area proposed for
3-11 annexation; and
3-12 (5) a person appointed by the state senator whose
3-13 district includes the majority of the area proposed for annexation.
3-14 (d) The designations and appointments to the committee shall
3-15 be made not later than the 14th day after the date of the adoption
3-16 of the commissioners court resolution.
3-17 (e) The county judge is the presiding officer of the
3-18 committee. The committee shall meet at the call of the presiding
3-19 officer at a place convenient to the majority of the area proposed
3-20 for annexation.
3-21 (f) The committee may affirm or reverse the finding of the
3-22 commissioners court. The committee must issue its decision not
3-23 later than the 60th day after the date of the adoption of the
3-24 commissioners court resolution. The decision of the committee may
3-25 be appealed to a district court serving the county in which a
3-26 majority of the area proposed for annexation is located. The
3-27 district court may not substitute its judgment for that of the
4-1 commissioners court or the annexation review committee unless the
4-2 decision by the commissioners court or the committee was arbitrary,
4-3 capricious, unlawful, or not supported by substantial evidence.
4-4 (g) If the finding of the commissioners court is reversed by
4-5 the annexation review committee or by a court, the time during
4-6 which the municipality was prevented from annexing the area as a
4-7 result of the commissioners court resolution is not included in
4-8 computing the period within which the municipality must complete
4-9 the annexation under Section 43.053.
4-10 Sec. 43.0542. FAILURE OF MUNICIPALITY TO PROVIDE WATER OR
4-11 SEWER SERVICES. (a) If a municipality fails to provide water or
4-12 sewer services to an annexed area before the 10th anniversary
4-13 following the date of annexation, a municipal ordinance or other
4-14 municipal regulation has no effect in the annexed area until the
4-15 municipality provides water or sewer services to the annexed area.
4-16 (b) Subsection (a) does not permit a municipality to
4-17 discontinue providing any other municipal service to the annexed
4-18 area.
4-19 SECTION 3. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.