HBA-TYH H.B. 1009 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1009 By: Hamric Land and Resource Management. 2/18/1999 Introduced BACKGROUND AND PURPOSE Currently, Chapter 43 (Municipal Annexation), Local Government Code, authorizes a home-rule municipality to annex an area within its extraterritorial jurisdiction (ETJ), subject to certain procedural rules, without the approval of the area's residents. Additionally, residents of such areas are unable to incorporate, or withdraw from the municipality's ETJ, without its permission. H.B. 1009 prohibits a municipality with a population of 1.6 million or more from annexing an area unless a majority of the area's qualified voters approve the annexation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 43, Local Government Code, by adding Section 43.0215, as follows: Sec. 43.0215. VOTER APPROVAL OF ANNEXATION REQUIRED IN CERTAIN MUNICIPALITIES. (a) Provides that this section applies only to a municipality with a population of 1.6 million or more. (b) Prohibits the municipality from annexing an area for full or limited purposes unless the municipality holds an election in the area on the question of the annexation and a majority of the votes received at the election favors annexation. (c) Provides that this section does not apply to an annexation of an area if no qualified voters reside in the area or if the annexation is authorized by or subject to another section of this chapter, other than Section 43.021 (Authority of Home-Rule Municipality to Annex Area and Take Other Actions Regarding Boundaries). (d) Requires the municipality to pay for the cost of holding the election. SECTION 2.Makes application of this Act prospective to an annexation proceeding on or after September 1, 1999. SECTION 3.Emergency clause. Effective date: 90 days after adjournment.