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.