By Krusee                                              H.B. No. 238
         76R1088 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the annexation of certain areas by a municipality.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C, Chapter 43, Local Government Code,
 1-5     is amended by adding Section 43.0545 to read as follows:
 1-6           Sec. 43.0545.  ANNEXATION OF CERTAIN ADJACENT AREAS.  (a)  A
 1-7     municipality may not annex an area that is located in the
 1-8     extraterritorial  jurisdiction of the municipality only because the
 1-9     area is contiguous to municipal territory that is less than 1,000
1-10     feet in width at its narrowest point.
1-11           (b)  A municipality may not annex an area that is located in
1-12     the extraterritorial jurisdiction of the municipality only because
1-13     the area is contiguous to municipal territory that:
1-14                 (1)  was annexed before September 1, 1999; and
1-15                 (2)  was in the extraterritorial jurisdiction of the
1-16     municipality at the time of annexation only because the territory
1-17     was contiguous to municipal territory that was less than 1,000 feet
1-18     in width at its narrowest point.
1-19           (c)  Subsections (a) and (b) do not apply to an area:
1-20                 (1)  completely surrounded by incorporated territory of
1-21     the municipality;
1-22                 (2)  for which the owners of the area have requested
1-23     annexation by the municipality; or
1-24                 (3)  that is owned by the municipality.
 2-1           (d)  Subsection (b) does not apply if the minimum width of
 2-2     the narrow territory described by Subsection (b)(2), following
 2-3     subsequent annexation, is no longer less than 1,000 feet in width
 2-4     at its narrowest point.
 2-5           (e)  For purposes of this section, roads, highways, rivers,
 2-6     lakes, or other bodies of water are not included in computing the
 2-7     1,000 foot distance.
 2-8           SECTION 2.  Subchapter B, Chapter 42, Local Government Code,
 2-9     is amended by adding Section 42.0225 to read as follows:
2-10           Sec. 42.0225.  EXTRATERRITORIAL JURISDICTION AROUND CERTAIN
2-11     MUNICIPALLY OWNED PROPERTY.  (a)  This section applies only to an
2-12     area owned by a municipality that is:
2-13                 (1)  annexed by the municipality;
2-14                 (2)  not located in the extraterritorial jurisdiction
2-15     of the municipality before the annexation; and
2-16                 (3)  not contiguous to other territory of the
2-17     municipality.
2-18           (b)  Notwithstanding Sections 42.021(2)-(5), the annexation
2-19     of the area expands the extraterritorial jurisdiction of the
2-20     municipality only to include the area located within one mile of
2-21     the boundaries of the annexed area.
2-22           (c)  The extraterritorial jurisdiction of the municipality
2-23     does not expand following the annexation of territory located only
2-24     in the municipality's extraterritorial jurisdiction that is created
2-25     under Subsection (b).
2-26           SECTION 3.  The change in law made by this Act applies only
2-27     to an annexation for which the first hearing notice required by
 3-1     Section 43.052, Local Government Code, is published on or after the
 3-2     effective date of this Act.  An annexation for which the first
 3-3     hearing notice is published before that date is governed by the law
 3-4     in effect at the time the notice was published, and the former law
 3-5     is continued in effect for that purpose.
 3-6           SECTION 4.  This Act takes effect September 1, 1999.
 3-7           SECTION 5.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.