SRC-MKV H.B. 2017 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2017
By: Green (To Be Filled)
Intergovernmental Relations
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Texas faces a challenge of balancing the competing interests of residents
in unincorporated areas with the interests of annexing municipalities.
Under current law, a municipality is required to allow all qualified voters
residing in the municipality's extraterritorial jurisdiction (ETJ) to vote
on a proposition relating to an adoption of or change to an ordinance or
charter provision that would apply to the municipality's ETJ or a
nonbinding referendum that, if binding, would apply to the municipality's
ETJ. However, the residents cannot vote for the officials who make an
application of an adoption, change, or referendum.  H.B. 2017 allows
residents who live inside a municipality's ETJ to either vote for local
officials or vote for each ordinance and authorizes the residents to be
removed from the ETJ if the residents are not permitted to vote. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

H.B. 2017 amends the Local Government Code to require a municipality to
allow all qualified voters residing in the municipality's extraterritorial
jurisdiction (ETJ) to vote on an adoption of or change to an ordinance or
charter provision that would apply to the municipality's ETJ or a
nonbinding referendum that, if binding, would apply to the municipality's
ETJ.  The bill provides that the adoption of or change to an ordinance or
charter may not apply in the ETJ of a municipality unless a majority of the
votes in the ETJ favor at an election the adoption of or change to the
charter or ordinance.  These provisions apply only to a municipality that
has extended regulation of subdivision and property development rules or
other law to its ETJ.  The above provisions do not apply to an area of the
municipality's ETJ if the voters of the area were permitted to vote in the
three elections for members of the governing body of the municipality that
immediately preceded the date an election would be held. 

The bill provides that the adoption of or change to an ordinance or charter
does not apply to an area that is located in a municipality's ETJ and is
located in a county other than a county in which 80 percent or more of the
population of the municipality resides, unless a majority of the voters in
the area voting in an election held for that purpose favor the adoption of
or change to the ordinance or charter. 

Effective date: September 1, 2001.