By Lindsay S.B. No. 1398
75R9177 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to commissioners court approval for certain municipal
1-3 annexations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 43, Local Government Code,
1-6 is amended by adding Section 43.034 to read as follows:
1-7 Sec. 43.034. COMMISSIONERS COURT APPROVAL OF CERTAIN
1-8 ANNEXATIONS. (a) This section:
1-9 (1) applies only to a proposed annexation by a
1-10 municipality if, as a result of the annexation, an area of
1-11 unincorporated land adjacent to the annexed area is completely
1-12 enclosed by the boundaries of the annexing municipality or by the
1-13 boundaries of the annexing municipality and another municipality;
1-14 and
1-15 (2) does not apply to an annexation if the width of
1-16 the annexed area is less than 200 feet.
1-17 (b) In addition to any other requirements of this chapter,
1-18 before a municipality may initiate an annexation of an area under
1-19 this section, the municipality must receive the written approval of
1-20 the commissioners court of the county in which the area of the
1-21 proposed annexation and the unincorporated area to be enclosed are
1-22 located.
1-23 (c) If a commissioners court does not give a municipality
1-24 approval to annex an area under this section, the municipality is
2-1 not, for any purpose, considered to have refused or failed to annex
2-2 the area.
2-3 SECTION 2. This Act takes effect September 1, 1997, and
2-4 applies to any annexation that is not completed before that date.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.