By: Lindsay S.B. No. 236
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the right of voters in a municipality to participate in
1-2 municipal elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter Z, Chapter 43, Local Government Code,
1-5 is amended by adding Section 43.905 to read as follows:
1-6 Sec. 43.905. EXTENSION OF VOTING RIGHTS TO RESIDENTS OF
1-7 ANNEXED AREA. (a) A municipality that annexes an area may not
1-8 order an election to be held within 120 days after the city
1-9 council's final vote approving an annexation unless the
1-10 municipality receives notice that the annexation has received
1-11 preclearance pursuant to the Voting Rights Act (42 U.S.C. Section
1-12 1973 et seq.) from the United States Department of Justice.
1-13 (b) This section does not apply if the annexed area:
1-14 (1) was annexed on the written petition of the owners
1-15 or a majority of the qualified voters of the area;
1-16 (2) is vacant;
1-17 (3) is without residents;
1-18 (4) is owned by the municipality;
1-19 (5) is a municipally owned airport;
1-20 (6) is a municipally owned reservoir; or
1-21 (7) was annexed at the request of a governing board of
1-22 a municipal utility district located in the annexed area.
1-23 (c) This section does not apply to:
2-1 (1) an election on the question of the creation of a
2-2 municipal special district or authority in which no part of the
2-3 area annexed is part of the proposed special district or authority
2-4 and the creation of which would not create a direct liability for
2-5 which a resident of the annexed area would be requested to pay in
2-6 any way, including through the payment of any municipal tax;
2-7 (2) a local option election conducted under Chapter
2-8 251, Alcoholic Beverage Code, in which no part of the area annexed
2-9 is part of the area affected by the election; or
2-10 (3) an election for a single-member district of the
2-11 municipality, in which no part of the area annexed is part of the
2-12 area within the district.
2-13 SECTION 2. This Act takes effect September 1, 1997.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.