By Corte H.B. No. 322 76R1894 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain annexations by a municipality with a population 1-3 of more than 1.5 million. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 43, Local Government Code, 1-6 is amended by adding Section 43.0541 to read as follows: 1-7 Sec. 43.0541. ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF 1-8 MORE THAN 1.5 MILLION. (a) A municipality with a population of 1-9 more than 1.5 million may not annex a strip of area following the 1-10 course of a road, highway, river, stream, creek, or other natural 1-11 or constructed feature if the commissioners court of the county in 1-12 which a majority of the area is located, by resolution, finds that: 1-13 (1) the municipality did not allow landowners of the 1-14 area proposed for annexation the opportunity to vote on the 1-15 annexation; and 1-16 (2) the area: 1-17 (A) is composed primarily of commercial property 1-18 or property with a high taxable value; 1-19 (B) is part of a larger area in which a sense of 1-20 community exists among a significant number of the residents and 1-21 landowners; and 1-22 (C) does not include all parts of the larger 1-23 area in which the sense of community exists. 1-24 (b) To prevent the annexation, the commissioners court must 2-1 adopt the resolution before the completion of the annexation by the 2-2 municipality. 2-3 (c) Each finding by a commissioners court under this section 2-4 shall be reviewed by an annexation review committee consisting of: 2-5 (1) the county judge; 2-6 (2) a county commissioner designated by the 2-7 commissioners court; 2-8 (3) a member of the governing body of the municipality 2-9 designated by that governing body; 2-10 (4) a person appointed by the state representative 2-11 whose district includes the majority of the area proposed for 2-12 annexation; 2-13 (5) a person appointed by the state senator whose 2-14 district includes the majority of the area proposed for annexation; 2-15 and 2-16 (6) six persons owning land in the area proposed for 2-17 annexation, or their representatives, selected by the commissioners 2-18 court from a group of volunteers from the area landowners. 2-19 (d) The designations and appointments to the committee shall 2-20 be made not later than the 14th day after the date of the adoption 2-21 of the commissioners court resolution. 2-22 (e) The county judge is the presiding officer of the 2-23 committee. The committee shall meet at the call of the presiding 2-24 officer at a place convenient to the majority of the area proposed 2-25 for annexation. 2-26 (f) The committee may affirm or reverse the finding of the 2-27 commissioners court. The committee must issue its decision not 3-1 later than the 60th day after the date of the adoption of the 3-2 commissioners court resolution. The decision of the committee may 3-3 be appealed to a district court serving the county in which a 3-4 majority of the area proposed for annexation is located. The 3-5 district court may not substitute its judgment for that of the 3-6 commissioners court or the annexation review committee unless the 3-7 decision by the commissioners court or the committee was arbitrary, 3-8 capricious, unlawful, or not supported by substantial evidence. 3-9 (g) If the finding of the commissioners court is reversed by 3-10 the annexation review committee or by a court, the time during 3-11 which the municipality was prevented from annexing the area as a 3-12 result of the commissioners court resolution is not included in 3-13 computing the period within which the municipality must complete 3-14 the annexation under Section 43.053. 3-15 SECTION 2. This Act applies only to an annexation begun on 3-16 or after the effective date of this Act. 3-17 SECTION 3. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended.