SRC-DPW, PNG S.B. 89 76(R)BILL ANALYSIS Senate Research CenterS.B. 89 By: Madla Intergovernmental Relations 7/1/1999 Enrolled DIGEST Currently, under Texas law, municipalities have the exclusive right to annex within their extraterritorial jurisdictions. This bill revises the municipal annexation process, requiring cities to implement advance annexation planning procedures and providing for the timely provision of services to the annexed areas, among other revisions. PURPOSE As enrolled, S.B. 89 revises the municipal annexation process and provides penalties for violations of this Act. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 42B, Local Government Code, by adding Section 42.0225, as follows: Sec. 42.0225. EXTRATERRITORIAL JURISDICTION AROUND CERTAIN MUNICIPALLY OWNED PROPERTY. Provides that this section only applies to an area owned by a municipality that is annexed by the municipality and not contiguous to other territories of the municipality. Provides that the annexation of an area described by Subsection (a) does not expand the territorial jurisdiction of the municipality. SECTION 2. Amends Chapter 43A, Local Government Code, by adding Section 43.002, as follows: Sec. 43.002. CONTINUATION OF LAND USE. Prohibits a municipality, after annexation of an area, from denying a person the continuation of land use as of the date of annexation if the land use was legal at that time; or from denying a person from beginning to use land in the manner planned before the 90th day of the effective date of annexation, under certain conditions. Provides that a completed application is filed if the application includes all documents and other information required by the governmental entity. Provides that this section does not prohibit a municipality from imposing certain regulations. SECTION 3. Amends heading of Chapter 43C, Local Government Code, as follows: SUBCHAPTER C. New heading: ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN SECTION 4. Amends Sections 43.052 and 43.053, Local Government Code, as follows: Sec. 43.052. New heading: MUNICIPAL ANNEXATION PLAN REQUIRED. (a) Defines "special district." (b) Authorizes a municipality to annex an area identified in an annexation plan only as provided in this section. (c) Requires a municipality to prepare an annexation plan that specifically identifies any annexations which may occur within a prospective three-year period. Authorizes a municipality to amend the plan to specifically identify annexations which may occur within a prospective three-year period from the date of the plan amendment. (d) Prohibits a municipal utility district or other special district, excluding an emergency services district, from reducing an area's tax rate if the amount that would remain in the debt service fund after the reduction and after subtracting the amount due for debt service in the following year is less than 25 percent of the debt service requirements for the following year; voluntarily transferring an asset without consideration; entering into a contract for services beyond the three-year annexation plan period other than a contract with another political subdivision for the operation of water, wastewater, and drainage facilities; or incurring a debt for which payments would extend beyond the three-year period, while an area is included in a municipality's annexation plan. (e) Authorizes a municipality to amend the annexation plan at any time to remove an area from annexation. Prohibits a municipality from amending an annexation plan to reinstate an area once removed from the annexation plan until the first anniversary of the date the area was first removed from the annexation plan, before the end of the 18th month after the month an area is included in the three-year annexation cycle. Prohibits a municipality from amending an annexation plan to reinstate an area once removed from the annexation plan until the second anniversary of the date the area was first removed from the annexation plan, during or after the 18 months after the month an area is included in the three-year annexation cycle. (f) Requires the municipality to give written notice within 90 days after the adoption or amendment of an annexation plan to all property owners within the affected area, as indicated by certain records, to be included or removed from the municipality's annexation plan; all public and private entities that provide services for the area proposed for annexation; and certain railroad companies. (g) Requires the annexation of an area under an annexation plan to be completed before the 31st day after the third anniversary of the date the area was included in the annexation plan, if the area is not removed from the municipality's annexation plan. Prohibits a municipality from annexing the area proposed for annexation before the fifth anniversary of the last day for completing an annexation under this subsection, if the annexation is not completed withing the period prescribed by this section. (h) Provides that this section does not apply to certain areas that are proposed for annexation. (i) Prohibits a municipality from circumventing the requirements of this section by proposing to separately annex two or more areas if no reason exists under generally accepted municipal planning principles and practices for separately annexing the areas. Authorizes a person owning property in an area a municipality proposes to annex separately in violation of this section, to petition the municipality to include the area in the annexation plan. Sets forth procedures arbitrating a settlement if the municipality fails to take action on the request. (j) Requires a municipality that has an Internet website to post information regarding proposed and amended annexation plans. Deletes existing section regarding annexation hearing requirements. Sec. 43.053. New heading: INVENTORY OF SERVICES AND FACILITIES REQUIRED. Defines "public entity." Requires a municipality to compile a comprehensive inventory, which must to include all services and facilities the municipality is required to provide or maintain following the annexation, of services and facilities provided by public and private entities (entities), in each area proposed for annexation. Requires the municipality to request in the notice provided under Section 43.052(f), information necessary to compile the inventory from each entity that provides services or facilities in each area proposed for annexation, and requires the fulfillment of the request by the various entities within 90 days, unless an agreement to extend the deadline is made. Requires the information provided under this subsection to include the type of service provided, the method of service delivery, and all information prescribed by Subsections (e) and (f). Provides that a municipality is not required to include the information in an inventory prepared under this section if a service provider fails to provide the required information within the 90-day period. Requires the municipality to prescribe procedures to provide for due process in the imposition of administrative penalties. Requires the information to be based on the services and facilities provided during the year preceding the date of adoption or amendment of an annexation plan. Requires entities to include a certain engineers report and a summary of certain expenditures for utility facilities, roads, drainage structures, and other infrastructures provided. Requires the inventory to include certain information for police, fire, and emergency medical services provided by various entities. Requires the municipality to complete the inventory and allow for public inspection within 60 days after the municipality receives the required information. Deletes existing section concerning the period for completion of annexation and the effective date of annexation. SECTION 5. Amends Section 43.054(a), Local Government Code, to prohibit a municipality with a population of less than 1.6 million from annexing a publicly or privately owned area, unless the width of the area at its narrowest point is at least 1,000 feet. SECTION 6. Amends Chapter 43C, Local Government Code, by adding Section 43.0545 and 43.0546, as follows: Sec. 43.0545. ANNEXATION OF CERTAIN ADJACENT AREAS. Prohibits a municipality from annexing an area located in the municipality's extraterritorial jurisdiction if the only reason for annexation is that the area is contiguous to the municipal territory, which is less than 1,000 feet in width at its narrowest point. Prohibits a municipality from annexing an area located in the municipality's extraterritorial jurisdiction only because the area is contiguous to certain municipal territory. Provides that Subsections (a) and (b) do not apply to certain areas. Provides that Subsection (b) does not apply if the minimum width of the narrow territory described is no longer less than 1,000 feet in width at its narrowest point after the annexation. Provides that for purposes of this section, roads, highways, rivers, lakes, or other bodies of water (features) are not included in computing the 1,000 foot distance unless the area annexed includes such features. Sec. 43.0546. ANNEXATION OF CERTAIN ADJACENT AREAS BY POPULOUS MUNICIPALITIES. Defines "municipal area." Provides that this section applies only to a municipality with a population of 1.6 million or more. Prohibits a municipality to which this section applies from annexing an area that is less than 1,500 feet wide at any point, and requires at least 1,500 feet of the perimeter of the area annexed by a municipality to be coterminous with the boundary of the municipal area of the municipality. Describes territories to which this section does not apply. SECTION 7. Amends Section 43.056, Local Government Code, as follows: Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA. (a) Requires a municipality proposing annexation to complete a service plan for extending full municipal services before the first day of the 10th month after the month in which the inventory is prepared as provided by Section 43.053, rather than requiring the municipality to direct its planning department or other appropriate department to prepare the service plan prior to the publication of the notice required under Section 43.052. (b) Sets forth requirements relating to the scheduling for the provision of municipal services to an area to be annexed in a service plan. Deletes text concerning service plans and the services which must be provided by municipalities with a population of 1.5 million or more. (c) Redefines "full municipal services." (d) Redesignated from existing text. (e) Requires the service plan to include a program under which the municipality will initiate, after the effective date of annexation, the acquisition or construction of capital improvements. Requires the construction to be completed within the period provided in the service plan. Authorizes the service plan to be amended to extend the period for construction provided that the construction is proceeding with all deliberate speed, rather than 4_ years after that date. Deletes text regarding the required starting date for construction. Makes conforming and nonsubstantive changes. (f) Prohibits a municipality from providing services under a service plan in a manner that would have the effect of lowering fire and police protection services previously provided within the municipality before annexation. Deletes text regarding services that an annexation plan is prohibited from annexing. (g) Requires a service plan to provide services, infrastructure, and infrastructure maintenance (services) in the annexed area at the same level as provided in the municipality, if the level of services in the annexed area was at or below the level of services in the municipality. Requires a service plan to provide to an annexed area a level of services available in other parts of the municipality with similar land use and population densities to those reasonable contemplated or projected for the annexed area, if the services in that area are superior to that provided in the municipality. Requires a service plan to maintain and operate the infrastructure of the annexed area, including facilities described by Sections 43.056(b)(5) - (8) at a level of services that is equal or superior to the prior level of services for maintaining the infrastructure in the annexed area, if there was a superior level prior to annexation. (h) Prohibits a municipality with a population of 1.6 million or more from imposing a fee in an annexed area, over and above ad valorem taxes and fees imposed within the corporate boundaries of the municipality before annexation, to maintain the level of services that existed before annexation. Provides that this subsection does not prohibit the municipality from imposing a fee for a service in the area annexed if the same fee is imposed within the corporate boundaries of the municipality before annexation. (i) Makes a conforming change. (j) Requires the service plan to be made available and explained to the public at hearings held under Section 43.0561, rather than 43.052. (k) Makes a conforming change. (l) Authorizes a person owning land in an annexed area in a municipality with a population of less than 1.6 million or more to enforce a service plan by petitioning the municipality for a change in policy. Authorizes such a person to request arbitration of a dispute under Section 43.0565 if the municipality fails to take action in compliance with the petition. Authorizes a person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million to apply for a writ of mandamus within two years of knowing that the municipality was not complying with the service plan. Establishes that if a writ of mandamus is applied for, the municipality has the burden of proof to establish that the provided services meet the service plan as required. Authorizes certain other remedies in a writ of mandamus under this section. (m) Provides that any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). Provides that nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided prior to annexation. Deletes text requiring a municipality to provide service. Makes a nonsubstantive change. (n) Prohibits a municipality from prohibiting the collection of solid waste in an area annexed within two years of the effective date of its annexation by a privately owned solid waste management service provider or from imposing a fee on a person who continues to use the services of such a provider. (o) Provides that a municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider. SECTION 8. Amends Chapter 43C, Local Government Code, by renumbering Section 43.0561 as Section 43.0566 and Section 43.0565 as Section 43.0567 and by adding Sections 43.0561, 43.0562, 43.0563, 43.0564 and 43.0565, as follows: Sec. 43.0561. ANNEXATION HEARING REQUIREMENTS. Requires the governing body of the municipality to conduct two public hearings on annexation prior to instituting annexation proceedings. Requires the hearings to be conducted by a certain date. Requires at least one of the hearings to be held in the proposed annexation area if a written protest is filed by permanent area residents within 10 days after the notice publication date. Specifies certain information required on the protest concerning the protesters. Authorizes the hearing to be held outside the area proposed for annexation if a suitable site is not available. Requires the municipality to publish notice of the hearings with certain requirements concerning when, where, and to whom the notice must be published on the municipality's Internet site or in a newspaper and by certified mail to certain recipients. Sec. 43.0562. NEGOTIATIONS REQUIRED. Sets forth guidelines for the negotiation for the provision of services to property owners in area annexed by a municipality with a population of less than 1.6 million and for special districts annexed by a municipality. Sec. 43.0563. CONTRACTS FOR PROVISION OF SERVICES IN LIEU OF ANNEXATION. Authorizes the governing body of the municipality with a population of less than 1.6 million to negotiate and enter into a written agreement with representatives designated under Section 43.0562(b) for the provision and funding of services. Authorizes the agreement to include agreements related to land uses and compliance with municipal ordinances. Provides that an agreement under this section is in lieu of annexation by the municipality of the area. Authorizes the parties to agree to certain terms. Sec. 43.0564. ARBITRATION REGARDING NEGOTIATIONS FOR SERVICES. Authorizes either the municipality or the representatives of the area proposed for annexation to, by a majority decision, request the appointment of an arbitrator to resolve any dispute under Sections 43.0562 or 43.0563. Requires the request to be made in writing to the other party by a certain date. Prohibits a municipality from annexing an area under another section of this chapter pending an arbitration proceeding or appeal from an arbitrator's decision. Authorizes the parties to the dispute to agree on the appointment of an arbitrator. Sets forth procedures for the selection of an arbitrator if the parties in the dispute cannot agree on the appointment of an arbitrator. Requires the arbitrator to set a hearing before a certain date and notify the parties to the arbitration in writing before a certain date. Establishes that the arbitrator is limited to issuing a decision relating to the service plan issues in dispute. Authorizes the arbitrator to receive certain evidence the arbitrator considers relevant, administer oaths, and issue subpoenas to require the attendance and testimony of witnesses and the production of certain materials. Requires the arbitrator to complete the hearing within two consecutive days, unless the parties to the dispute disagree otherwise. Requires the arbitrator to permit each party one day to present evidence and other information. Authorizes the arbitrator to schedule an additional hearing within one week of the conclusion of the first. Requires the arbitrator to issue a decision in writing and deliver a copy to the parties within two weeks of the day of the final decision, unless otherwise agreed to by the parties involved. Authorizes either party to appeal any provision of an arbitrator's decision that exceeds the authority granted under Subsection (d) to a district court in a county in which the area proposed for annexation is located. Prohibits a municipality from annexing an area before the fifth anniversary of the date of the arbitrator's decision, if the municipality does not agree with the terms of the decision. Requires the municipality to pay the cost of the arbitration. Authorizes an arbitrator, under certain circumstances, to require the area proposed for annexation to pay all or part of the cost of arbitration. Sec. 43.0565. ARBITRATION REGARDING ENFORCEMENT OF SERVICE PLAN. Requires a person who requests arbitration to request the appointment of an arbitrator in writing to the municipality. Provides that Sections 43.0564(b), (c), and (e) apply to the appointment of an arbitrator and the conduct of an arbitration proceeding under this section. Provides that a municipality, in a arbitration proceeding under this section, has the burden of proving that the municipality is in compliance with the service plan requirements. Authorizes an arbitrator to take certain actions if it is determined that the municipality has not complied with the service plan requirements. Authorizes the arbitrator to require the person requesting arbitration to pay all or part of the cost of arbitration if it is determined that the municipality has complied with the service plan requirements. Sec. 43.0566. RELEASE OF EXTRATERRITORIAL JURISDICTION BY GENERAL LAW MUNICIPALITY OVER CERTAIN TRACTS OF LAND. Makes no changes. Sec. 43.0567. PROVISION OF WATER OR SEWER SERVICE IN POPULOUS MUNICIPALITY. Makes no changes. SECTION 9. Amends Chapter 43, Local Government Code, by adding Subchapter C-1, as follows: SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN Sec. 43.061. APPLICABILITY. Provides that this subchapter applies to an area proposed for annexation that is not required to be included in a municipal annexation plan under Section 43.052. Sec. 43.062. PROCEDURES APPLICABLE. Provides that Sections 43.051, 43.054, 43.0545, 43.055, 43.0565, 43.0567and 43.057 apply to the annexation of an area to which this subchapter applies. Provides that this subsection applies only to an area described by Section 43.052(h)(1). Requires a municipality to give written notice to certain persons and entities before the 30th day before the date of the first hearing required under Section 43.063. Sec. 43.063. ANNEXATION HEARING REQUIREMENTS. Requires the governing body to conduct two public hearings, during a certain time period, giving persons interested in an annexation the opportunity to be heard. Requires at least one of the hearings to be held in an area proposed for annexation if a site is available and more than 10 percent of the permanent residents of the area file a written protest with the secretary of the municipality within 10 days after the date of the required publication of notice. Requires the protest to include certain information about the protestors. Requires a municipality to publish a notice of hearings in a certain manner and time. Makes conforming changes relating to the publication of hearings notice on a municipality's Internet website. Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION; EFFECTIVE DATE. Requires the annexation proceedings to be completed within 90 days of the annexation proceeding being instituted, or those proceedings are void. Provides that days during which a municipality is restrained or enjoined by a court from annexing an area, are not included in the 90-day time limit. Authorizes a governing body of a municipality with a population of more than 1.6 million or more to provide that an annexation take effect on any date within 90 days after the adoption of the ordinance providing annexation. Sec. 43.065. PROVISION OF SERVICES TO ANNEXED AREA. Requires a governing body of a municipality to direct certain departments to prepare a service plan, before the publication of the first notice of the first meeting required under Section 43.063. Requires a municipality to provide services by any of the methods used to provide services to any other area of the municipality. Applies Sections 43.056(b) - (o) to the annexation of an area to which this subchapter applies. SECTION 10. Amends Chapter 43D, Local Government Code, by adding Section 43.0712, as follows: Sec. 43.0712. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. Obligates a municipality to pay a developer all amounts related to utilities as provided in Section 43.1705 if a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, and provides that the municipality is deemed to have acquired title to utilities owned by a developer within the special district. Requires a municipality to succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer and requires the special district to resume the use of the utilities acquired by the municipality, upon resumption of the functions of the special district. SECTION 11. Amends Section 43.0751, Local Government Code, by amending Subsection (b) and (k) and adding Subsections (o) and (p), to authorize, rather than require, the governing bodies of a municipality and a municipal utility district (MUD) or a water control and improvement district (ID) to negotiate and enter into a written strategic partnership agreement for the MUD or ID by mutual consent. Prohibits a district included in a municipality's annexation plan under Section 43.052 from submitting its written request before the date of the second hearing but requires submission of the request before the 61st day after the date of the second hearing. Authorizes a municipality that has annexed all or part of a district to impose a retail sales tax within the boundaries of the part of the district that is annexed for limited purposes. Requires the governing body of a municipality to negotiate and enter into a written strategic partnership agreement with the MUD or ID, on a written request from a MUD or a ID included in the municipality's annexation plan. Authorizes either party to seek binding arbitration of the issues relating to the disputed agreement under Section 43.0752, if either party fails to agree on the terms of a strategic partnership agreement and makes a written request by a certain date. Prohibits an agreement under this section from requiring the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district and requires the agreement to provide benefits to each party. Prohibits the governing body of a municipality from annexing the MUD or the ID pending negotiations of the strategic partnership agreement, the arbitration proceeding, or any appeal from the arbitration award. Deletes a requirement that parties evidence their intention to negotiate by passing a resolution and available remedies. SECTION 12. Amends Chapter 43D, Local Government Code, by adding Section 43.0752, as follows: Sec. 43.0752. ARBITRATION OF STRATEGIC PARTNERSHIP AGREEMENT. Sets forth procedures for the selection of an arbitrator to facilitate a strategic partnership agreement under Section 43.0751 in cases where a district and a municipality cannot reach an agreement on the terms of the strategic partnership agreement. Provides that Sections 43.0564(b), (c), (e), (f), (g), and (h), apply to appointment of an arbitrator and the conduct of an arbitration proceeding under this section. Limits the authority of the arbitrator to determining whether the offer of a party complies with Section 43.0751(p). Authorizes an arbitrator to issue a decision that incorporates an offer that complies with Section 43.0751(p) as part of the strategic partnership agreement, if it determined that the offer is in compliance with said section. Requires the municipality and the district to equally pay the costs of arbitration. SECTION 13. Amends Section 43.121(a), Local Government Code, by deleting text requiring the governing body of a home-rule municipality with more than 225,000 inhabitants, if authorized under its home-rule; charter to annex a certain area. SECTION 14. Amends Section 43.141(c), Local Government Code, to prohibit an area which has been disannexed from being reannexed for 10 years, rather than five years. Deletes text concerning actions to be taken should an area be reannexed in seven years. SECTION 15. Amends Chapter 43G, Local Government Code, by adding Section 43.148, as follows: Sec. 43.148. REFUND OF TAXES AND FEES. Requires a municipality disannexing an area to refund to the area landowners any taxes or fees collected for the period the area was part of the municipality that was not spent for the direct benefit of the area. Requires the municipality to proportionately refund the amount in Subsection (a) to each landowner. Requires a municipality required to refund money under this section to refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed, and specifies the interest rate for the money that is not refunded within the prescribed period accrues. SECTION 16. Amends Chapter 43Z, Local Government Code, by adding Section 43.905 and 43.906, as follows: Sec. 43.905. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. Requires a municipality that proposes to annex an area to provide a written notice of the proposed annexation to each public school district located in the area within the time period prescribed for publishing the notice of the first hearing under Section 43.0561 or 43.063. Requires a notice to a public school to contain certain descriptions. Prohibits a municipality from proceeding with the annexation unless a municipality provides the required notice. Requires a municipality that has annexed an area between December 1, 1996 and September 1, 1999 in which a school district has a facility, to grant a variance from the municipality's building code if needed. Requires a municipality to notify the governing board of the school district in writing of a variance granted by a municipality under this subsection. Requires the governing board of the school district to notify the municipality in writing of the proposed actions to be taken in regard to the granted variance. Requires a municipality that, as a result of annexation, provides utility services to a school district facility to charge the district at the same rate that the district was paying before the annexation, or at a lower municipal rate. Provides that a rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. Sec. 43.906. VOTING RIGHTS AFTER ANNEXATION. Requires a municipality to apply for preclearance under Section 5, Voting Rights Act of 1965 (U.S.C. Section 1973c), of any voting change resulting from the annexation from the United States Department of Justice not later than the 90th day before the effective date of the annexation or the earliest date permitted under federal law. Prohibits a municipality that annexes an area from preventing a qualified voter residing in the area from voting in a regularly scheduled municipal election for any reason if the municipality has obtained preclearance of the voting change from the United States Department of Justice. SECTION 15. (a) Effective date: September 1, 1999. (b) Requires each municipality to adopt an annexation plan as required by Section 43.052, Local Government Code, on or before December 31, 1999, that becomes effective December 31, 1999. (c) Provides that changes in law made by SECTIONS 2-8 and 10-15 apply only to an annexation included in a municipality's annexation plan prepared under Section 43.052, Local Government Code, except as provided in Subsections (d) and (g) of this section. Authorizes a municipality to continue to annex an area between December 31, 1999 and December 31, 2002 under Chapter 43, Local Government Code, as it existed immediately prior to September 1, 1999, if the area is not included in the annexation plan, except as provided in Subsection (d). (d) Provides that changes in law made by this Act in Sections 43.002; 43.054; 43.0545; 43.0546; 43.056(b), (c), (e), (f), (g), (l), (m), (n), and (o); 43.0565; 43.0712; 43.0751; 43.121(a); 43.141(c); 43.148; 43.905; and 43.906, Local Government Code, apply to the annexation of an area that is not included in a municipality's annexation plan between December 31, 1999 and December 31, 2002, if the first hearing notice required as part of the annexation procedure is conducted on or after September 1, 1999. (e) Provides that changes in law made by this Act in Sections 43.002; 43.054; 43.0545; 43.0546; 43.056(b), (c), (e), (f), (g), (l), (m), (n), and (o); 43.0565; 43.0712; 43.121(a); 43.141(c); 43.148; 43.905; and 43.906, Local Government Code, apply to the annexation of an area that is not included in a municipality's annexation plan under Section 43.052, Local Government Code, as added by this Act, if a certain first hearing notice is published on or after September 1, 1999. (f) Provides that the change in law in SECTION 1 applies only to an annexation included in a municipality's annexation plan prepared under Section 43.052, Local Government Code and an annexation of an area not included in a municipality's annexation plan between December 31, 1999 and December 31, 2002, if the first hearing notice required by Section 43.052, Local Government Code, as it existed prior to September 1, 1999, is published on or after that date. (g) Provides that a change in the law made by Section 43.0712, Local Government Code, applies to an annexation that occurs before, on, or after the effective date of this Act. SECTION 18. Emergency clause.