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.