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.