By Lindsay S.B. No. 289
76R4026 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voter approval of annexations proposed by certain
1-3 municipalities.
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.
1-8 (a) This section applies only to a municipality with a population
1-9 of 1.5 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 an election on the question
1-13 of annexation in the area to be annexed, at which the qualified
1-14 voters of the area may vote; and
1-15 (2) a majority of the votes received in the election
1-16 approve the annexation.
1-17 (c) If a majority of votes received in the election
1-18 disapproves the annexation, the municipality may not annex any
1-19 portion of the area before the 10th anniversary of the date of the
1-20 election.
1-21 (d) This section does not apply to an annexation of an area
1-22 if:
1-23 (1) no qualified voters reside in the area; or
1-24 (2) the annexation is authorized by or subject to
2-1 another section of this chapter, other than Section 43.021.
2-2 (e) The municipality shall mail notice of the date of the
2-3 election and the area proposed to be annexed to all registered
2-4 voters in the proposed area.
2-5 (f) The municipality shall pay the cost of holding the
2-6 election and mailing notice of the election to registered voters.
2-7 SECTION 2. The change in law made by this Act by the
2-8 addition of Section 43.0215, Local Government Code, applies to an
2-9 annexation pending on or initiated on or after the effective date
2-10 of this Act.
2-11 SECTION 3. This Act takes effect September 1, 2001.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.