1-1     By:  Lindsay                                          S.B. No. 1398

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; May 6, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 8, Nays 1; May 6, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Lindsay

 1-7     Amend S.B. No. 1398 in SECTION 1 of the bill (page 1, line 21,) by

 1-8     adding to Section 43.034(a)(1) after the word "municipality" and

 1-9     before the word "if" the following:  "with a population of 1.6

1-10     million or more"

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to commissioners court approval for certain municipal

1-14     annexations.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Subchapter B, Chapter 43, Local Government Code,

1-17     is amended by adding Section 43.034 to read as follows:

1-18           Sec. 43.034.  COMMISSIONERS COURT APPROVAL OF CERTAIN

1-19     ANNEXATIONS.  (a)  This section:

1-20                 (1)  applies only to a proposed annexation by a

1-21     municipality if, as a result of the annexation, an area of

1-22     unincorporated land adjacent to the annexed area is completely

1-23     enclosed by the boundaries of the annexing municipality or by the

1-24     boundaries of the annexing municipality and another municipality;

1-25     and

1-26                 (2)  does not apply to an annexation if the width of

1-27     the annexed area is less than 200 feet.

1-28           (b)  In addition to any other requirements of this chapter,

1-29     before a municipality may initiate an annexation of an area under

1-30     this section, the municipality must receive the written approval of

1-31     the commissioners court of the county in which the area of the

1-32     proposed annexation and the unincorporated area to be enclosed are

1-33     located.

1-34           (c)  If a commissioners court does not give a municipality

1-35     approval to annex an area under this section, the municipality is

1-36     not, for any purpose, considered to have refused or failed to annex

1-37     the area.

1-38           SECTION 2.  This Act takes effect September 1, 1997, and

1-39     applies to any annexation that is not completed before that date.

1-40           SECTION 3.  The importance of this legislation and the

1-41     crowded condition of the calendars in both houses create an

1-42     emergency and an imperative public necessity that the

1-43     constitutional rule requiring bills to be read on three several

1-44     days in each house be suspended, and this rule is hereby suspended.

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