By Williams H.B. No. 379
76R1116 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain municipalities to hold an election in
1-3 an area proposed to be annexed.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 43, Local Government Code,
1-6 is amended by adding Section 43.0215 to read as follows:
1-7 Sec. 43.0215. VOTER APPROVAL OF ANNEXATION REQUIRED IN
1-8 CERTAIN MUNICIPALITIES. (a) This section applies only to a
1-9 municipality with a population of 1.6 million or more.
1-10 (b) The municipality may not annex an area for full or
1-11 limited purposes unless:
1-12 (1) the municipality holds in the area an election, at
1-13 which the qualified voters of the area may vote, on the question of
1-14 the annexation; and
1-15 (2) a majority of the votes received at the election
1-16 approve the annexation.
1-17 (c) This section does not apply to an annexation of an area
1-18 if:
1-19 (1) no qualified voters reside in the area;
1-20 (2) the annexation is authorized by or subject to
1-21 another section of this chapter, other than Section 43.021; or
1-22 (3) the annexation is initiated by the municipality in
1-23 response to a petition under Section 42.041.
1-24 (d) The municipality shall pay for the cost of holding the
2-1 election.
2-2 SECTION 2. The changes in law made by this Act by the
2-3 addition of Section 43.0215, Local Government Code, apply only to
2-4 an annexation for which the first hearing notice required by
2-5 Section 43.052, Local Government Code, is published on or after
2-6 September 1, 1999. An annexation for which the first hearing
2-7 notice is published before that date is governed by the law in
2-8 effect at the time the notice is published, and the prior law is
2-9 continued in effect for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 1999.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.