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.