By Hilbert                                            H.B. No. 1466
         76R5807 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to comprehensive annexation planning by a municipality.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 43, Local Government Code, is amended by
 1-5     adding Subchapter I to read as follows:
 1-6                     SUBCHAPTER I.  ANNEXATION PLANNING
 1-7           Sec. 43.301.  APPLICATION.  This chapter applies only to a
 1-8     municipality with a population of 225,000 or more.
 1-9           Sec. 43.302.  RESTRICTIONS ON ANNEXATION OR REGULATION.  A
1-10     municipality may not annex or regulate any area under this chapter
1-11     unless the annexation or regulation conforms to an annexation plan
1-12     adopted under this subchapter.
1-13           Sec. 43.303.  ANNEXATION PLAN.  (a)  A municipality shall
1-14     prepare an annexation plan that describes any proposed annexations
1-15     or regulations in the municipality's extraterritorial jurisdiction
1-16     for a 10-year period following the publication of the plan. A
1-17     municipality may modify the plan annually.
1-18           (b)  The plan adopted by the municipality must ensure that
1-19     the annexation or regulation of an area occur in a manner that:
1-20                 (1)  is orderly;
1-21                 (2)  treats all areas in the municipality's
1-22     extraterritorial jurisdiction in the same manner;
1-23                 (3)  provides all necessary or requested information to
1-24     residents of the area to be annexed or regulated in a timely
 2-1     manner;
 2-2                 (4)  is fiscally responsible to residents of the
 2-3     municipality and the area to be annexed or regulated;
 2-4                 (5)  requires the municipality to cooperate with the
 2-5     residents of the area and any other political subdivision located,
 2-6     in whole or in part, in the area; and
 2-7                 (6)  follows a logical and progressive manner.
 2-8           Sec. 43.304.  CONTENTS OF PLAN.  (a)  The plan shall:
 2-9                 (1)  describe the municipality's method of determining
2-10     the areas in the municipality's extraterritorial jurisdiction that
2-11     will be annexed or regulated in the five years following the date
2-12     the plan is prepared; and
2-13                 (2)  indicate whether residents of the affected area
2-14     may vote in any municipal election or participate in municipal
2-15     government.
2-16           (b)  A plan may not propose to annex or regulate an area in
2-17     the extraterritorial jurisdiction of the municipality if the area
2-18     is not directly adjacent to the boundaries of the municipality.  An
2-19     area is not directly adjacent to the boundaries of a municipality
2-20     if the area is adjacent to the boundaries of the municipality by a
2-21     strip of area in the municipality that follows the course of a
2-22     road, highway, river, stream, or creek, and that has a width of
2-23     less than 1,000 feet at any point in the strip of area.
2-24           Sec. 43.305.  ECONOMIC IMPACT STUDY.  (a)  A municipality
2-25     shall conduct an economic impact study before annexing an area.
2-26           (b)  The study shall:
2-27                 (1)  measure the economic impact on the municipality
 3-1     and the area proposed to be annexed; and
 3-2                 (2)  follow procedures similar to those adopted by
 3-3     state agencies in conducting an economic impact analysis.
 3-4           (c)  The study shall be conducted by an independent entity
 3-5     selected by the municipality and an entity representing the
 3-6     interests of the area proposed to be annexed. If a municipal
 3-7     utility district or other special district exists in the area, the
 3-8     district shall be the representative entity.
 3-9           Sec. 43.306.  SERVICE PLAN REQUIREMENTS.  Before annexing any
3-10     area, the municipality shall contact the existing service providers
3-11     in the area proposed for annexation and develop any service plan
3-12     required under Section 43.056.
3-13           Sec. 43.307.  REPORT REGARDING PLANNING STUDY AND REGULATORY
3-14     PLAN.  (a)  Before the 10th day before the date the first hearing
3-15     required by Section 43.052 is held, the municipality must prepare a
3-16     report regarding the proposed annexation of an area and make the
3-17     report available to the public.  The report must contain the
3-18     results of the planning study conducted for the area in accordance
3-19     with Subsection (c) and must contain the regulatory plan prepared
3-20     for the area in accordance with Subsection (d).
3-21           (b)  Notice of the availability of the report shall be
3-22     published at least twice in a newspaper of general circulation in
3-23     the area proposed to be annexed.  The notice may not be smaller
3-24     than one-quarter page of a standard-size or tabloid-size newspaper,
3-25     and the headline on the notice must be in 18-point or larger type.
3-26           (c)  The planning study must:
3-27                 (1)  project the kinds and levels of development that
 4-1     will occur in the area in the next 10 years;
 4-2                 (2)  describe the issues the municipality considers to
 4-3     give rise to the need for the annexation of the area and the public
 4-4     benefits to result from the annexation;
 4-5                 (3)  analyze the economic, environmental, and other
 4-6     impacts the annexation of the area will have on the residents,
 4-7     landowners, and businesses in the area; and
 4-8                 (4)  identify the proposed zoning of the area and
 4-9     inform the public that any comments regarding the proposed zoning
4-10     will be considered at the public hearings for the proposed
4-11     annexation.
4-12           (d)  The regulatory plan must identify the kinds of land use
4-13     and other regulations that will be imposed in the area.
4-14           SECTION 2.  A municipality shall adopt a plan under
4-15     Subchapter I, Chapter 43, Local Government Code, as added by this
4-16     Act, not later than January 1, 2000.  A municipality may not annex
4-17     an area or impose a new regulation in an area until the
4-18     municipality has adopted a plan under this section.
4-19           SECTION 3.  The importance of this legislation and the
4-20     crowded condition of the calendars in both houses create an
4-21     emergency and an imperative public necessity that the
4-22     constitutional rule requiring bills to be read on three several
4-23     days in each house be suspended, and this rule is hereby suspended,
4-24     and that this Act take effect and be in force from and after its
4-25     passage, and it is so enacted.