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.