By Galloway S.B. No. 1745
75R5650 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to declaring a temporary moratorium on annexation and
1-3 establishing a commission to study annexation procedures.
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 Sections 43.0201 and 43.0202 to read as
1-7 follows:
1-8 Sec. 43.0201. TEMPORARY MORATORIUM ON ANNEXATION. (a) A
1-9 municipality may not annex any area until after August 31, 1999.
1-10 (b) This section expires September 1, 1999.
1-11 Sec. 43.0202. STUDY COMMISSION ON MUNICIPAL ANNEXATION.
1-12 (a) The Study Commission on Municipal Annexation is composed of
1-13 nine members appointed as follows:
1-14 (1) three members appointed by the lieutenant
1-15 governor;
1-16 (2) three members appointed by the speaker of the
1-17 house;
1-18 (3) one member appointed by the county judge of Bexar
1-19 County from the governing body of a municipal utility district
1-20 located wholly in Bexar County;
1-21 (4) one member appointed by the county judge of Harris
1-22 County from the governing body of a municipal utility district
1-23 located wholly in Harris County; and
1-24 (5) one member appointed by the county judge of Travis
2-1 County from the governing body of a municipal utility district
2-2 located wholly in Travis County.
2-3 (b) Each member of the commission serves at the will of the
2-4 person who appointed the member.
2-5 (c) The commission shall elect a presiding officer and
2-6 assistant presiding officer from its members.
2-7 (d) A member of the commission is not entitled to receive
2-8 compensation for service on the commission but is entitled to
2-9 reimbursement of the travel expenses incurred by the member while
2-10 conducting the business of the commission, as provided by the
2-11 General Appropriations Act.
2-12 (e) The commission may accept gifts and grants from any
2-13 source to be used to carry out a function of the commission.
2-14 (f) The commission shall study issues that the commission
2-15 determines have importance to municipal annexation, including
2-16 annexation procedures, reasons and procedures for disannexation,
2-17 and the delivery of services following annexation. The commission
2-18 may:
2-19 (1) appoint an advisory committee to assist the
2-20 commission in studying a specific annexation issue; and
2-21 (2) draft proposed legislation to modify existing
2-22 annexation statutes.
2-23 (g) Not later than December 1, 1998, the commission shall
2-24 issue a report summarizing:
2-25 (1) any hearings conducted by the commission;
2-26 (2) any studies conducted by the commission;
2-27 (3) any legislation proposed by the commission; and
3-1 (4) any other findings and recommendations of the
3-2 commission.
3-3 (h) The commission shall promptly deliver copies of the
3-4 report to the lieutenant governor and the speaker of the house.
3-5 (i) The commission shall adopt rules to administer this
3-6 section.
3-7 (j) The commission is abolished, and this section expires
3-8 June 1, 1999.
3-9 SECTION 2. Before November 1, 1997, the lieutenant governor,
3-10 the speaker of the house, and the county judges shall appoint
3-11 members to the Study Commission on Municipal Annexation as provided
3-12 by Section 43.0202, Local Government Code, as added by this Act.
3-13 SECTION 3. Section 43.0201, Local Government Code, as added
3-14 by this Act, applies to any action by a municipality to annex an
3-15 area, regardless of whether the annexation proceeding was initiated
3-16 before the effective date of this Act.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.