1-1 By: Lindsay S.B. No. 236 1-2 (In the Senate - Filed January 17, 1997; January 21, 1997, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; February 24, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 11, Nays 0; 1-6 February 24, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 236 By: Lindsay 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the right of voters in a municipality to participate in 1-11 municipal elections. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter Z, Chapter 43, Local Government Code, 1-14 is amended by adding Section 43.905 to read as follows: 1-15 Sec. 43.905. EXTENSION OF VOTING RIGHTS TO RESIDENTS OF 1-16 ANNEXED AREA. (a) A municipality that annexes an area may not 1-17 conduct an election for 120 days after the city council's final 1-18 vote approving an annexation, nor may a city impose taxes on the 1-19 citizens of the newly annexed area during this 120 days, unless the 1-20 municipality receives notice that the annexation has received 1-21 preclearance pursuant to the Voting Rights Act (42 U.S.C. Section 1-22 1973 et seq.) from the United States Department of Justice. 1-23 (b) This section does not apply if the annexed area: 1-24 (1) was annexed on the written petition of the owners 1-25 or of a majority of the qualified voters of the area; 1-26 (2) is vacant; 1-27 (3) is without residents; 1-28 (4) is owned by the municipality; 1-29 (5) is a municipally owned airport; or 1-30 (6) is a municipally owned reservoir. 1-31 (c) This section does not apply to: 1-32 (1) an election on the question of the creation of a 1-33 municipal special district or authority in which no part of the 1-34 area annexed is part of the proposed special district or authority 1-35 and the creation of which would not create a direct liability for 1-36 which a resident of the annexed area would be requested to pay in 1-37 any way, including through the payment of any municipal tax; 1-38 (2) a local option election conducted under Chapter 1-39 251, Alcoholic Beverage Code, in which no part of the area annexed 1-40 is part of the area affected by the election; or 1-41 (3) an election for a single-member district of the 1-42 municipality, in which no part of the area annexed is part of the 1-43 area within the district. 1-44 SECTION 2. This Act takes effect September 1, 1997. 1-45 SECTION 3. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *