By Hilbert                                            H.B. No. 1468
         76R5813 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to annexations by a municipality.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 43, Local Government Code,
 1-5     is amended by adding Section 43.0215 to read as follows:
 1-6           Sec. 43.0215.  VOTER APPROVAL OF ANNEXATION REQUIRED IN
 1-7     CERTAIN MUNICIPALITIES.  (a)  This section applies only to a
 1-8     municipality with a population of 250,000 or more.
 1-9           (b)  The municipality may not annex an area for full or
1-10     limited purposes unless:
1-11                 (1)  the municipality holds separate elections in the
1-12     area proposed to be annexed and in the municipality, at which the
1-13     qualified voters of the area and the municipality may vote, on the
1-14     question of the annexation; and
1-15                 (2)  a majority of the votes received at both elections
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; or
1-20                 (2)  the annexation is authorized by or subject to
1-21     another section of this chapter, other than Section 43.021.
1-22           (d)  The municipality shall pay for the cost of holding both
1-23     elections.
1-24           (e)  If a majority of the votes received in either election
 2-1     do not approve the annexation, the municipality may not annex any
 2-2     portion of the proposed area until after the fifth anniversary of
 2-3     the date of the election.
 2-4           SECTION 2.  Subchapter C, Chapter 43, Local Government Code,
 2-5     is amended by adding Section 43.0541 to read as follows:
 2-6           Sec. 43.0541.  ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF
 2-7     MORE THAN 250,000.  (a)  A municipality with a population of more
 2-8     than 250,000 may not annex a strip of area following the course of
 2-9     a road, highway, river, stream, creek, or other natural or
2-10     constructed feature if the commissioners court of the county in
2-11     which a majority of the area is located, by resolution, finds that
2-12     the area:
2-13                 (1)  is composed primarily of commercial property or
2-14     property with a high taxable value;
2-15                 (2)  is part of a larger area in which a sense of
2-16     community exists among a significant number of the residents and
2-17     landowners; and
2-18                 (3)  does not include all parts of the larger area in
2-19     which the sense of community exists.
2-20           (b)  To prevent the annexation, the commissioners court must
2-21     adopt the resolution before the completion of the annexation by the
2-22     municipality.
2-23           (c)  Each finding by a commissioners court under this section
2-24     shall be reviewed by an annexation review committee consisting of:
2-25                 (1)  the county judge;
2-26                 (2)  a county commissioner designated by the
2-27     commissioners court;
 3-1                 (3)  a member of the governing body of the municipality
 3-2     designated by that governing body;
 3-3                 (4)  a person appointed by the state representative
 3-4     whose district includes the majority of the area proposed for
 3-5     annexation; and
 3-6                 (5)  a person appointed by the state senator whose
 3-7     district includes the majority of the area proposed for annexation.
 3-8           (d)  The designations and appointments to the committee shall
 3-9     be made not later than the 14th day after the date of the adoption
3-10     of the commissioners court resolution.
3-11           (e)  The county judge is the presiding officer of the
3-12     committee.  The committee shall meet at the call of the presiding
3-13     officer at a place convenient to the majority of the area proposed
3-14     for annexation.
3-15           (f)  The committee may affirm or reverse the finding of the
3-16     commissioners court.  The committee must issue its decision not
3-17     later than the 60th day after the date of the adoption of the
3-18     commissioners court resolution.  The decision of the committee may
3-19     be appealed to a district court serving the county in which a
3-20     majority of the area proposed for annexation is located.  The
3-21     district court may not substitute its judgment for that of the
3-22     commissioners court or the annexation review committee unless the
3-23     decision by the commissioners court or the committee was arbitrary,
3-24     capricious, unlawful, or not supported by substantial evidence.
3-25           (g)  If the finding of the commissioners court is reversed by
3-26     the annexation review committee or by a court, the time during
3-27     which the municipality was prevented from annexing the area as a
 4-1     result of the commissioners court resolution is not included in
 4-2     computing the period within which the municipality must complete
 4-3     the annexation under Section 43.053.
 4-4           SECTION 3.  Subchapter C, Chapter 43, Local Government Code,
 4-5     is amended by adding Section 43.0562 to read as follows:
 4-6           Sec. 43.0562.  FAILURE OF MUNICIPALITY TO PROVIDE WATER OR
 4-7     SEWER SERVICES.  (a)  If a municipality fails to provide water or
 4-8     sewer services to an annexed area before the 10th anniversary of
 4-9     the date of the annexation, a municipal ordinance or other
4-10     municipal regulation has no effect in the annexed area until the
4-11     municipality provides water or sewer services to the annexed area.
4-12           (b)  Subsection (a) does not permit a municipality to
4-13     discontinue providing any other municipal service to the annexed
4-14     area.
4-15           SECTION 4.  The changes in law made by Sections 43.0215,
4-16     43.0541, and 43.0562, Local Government Code, as added by this Act,
4-17     apply only to an annexation in process on or initiated after the
4-18     effective date of this Act.
4-19           SECTION 5.  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.