C.S.H.B. 662 78(R)    BILL ANALYSIS


C.S.H.B. 662
By: Van Arsdale
Land & Resource Management
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

When a municipality formally notifies residents of its intent to annex
them, those residents cannot vote in municipal elections until the
annexation actually occurs.   

C.S.H.B. 662 allows residents living in an unincorporated area which has
been put into a municipality's annexation plan to vote in municipal
elections (other than bond elections) and provides for the notification of
eligibility to such residents.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 43, Local Government Code, by
adding Section 43.0525 as follows: 

Allows residents of an area who are included in (and have been notified in
writing of their status in) a municipal annexation plan the ability to
vote in any municipal election (other than a bond election) as if they
were already residents of the municipal area.  

Requires the municipality to seek preclearance from the federal government
within 30 days after the date a resident in an annexation plan is entitled
to vote. 
        
Provides that if a municipality amends its annexation plan to exclude an
area, the residents of that area may not vote in a municipal election held
after the municipality provides written notice to the residents that they
are excluded from the plan. 

Provides that if a member of the municipality's governing body is not
elected by the entire municipality (i.e., single member district), then
the municipality must designate into which district the area to be annexed
falls.  

Provides that after the 15th day before but at least five days prior to
the date of the first election to be held where residents included in an
annexation plan are entitled to vote, the municipality must publish a
quarter-page advertisement in a newspaper of general circulation in the
municipality to notify the residents that they are eligible to vote in the
upcoming election. The advertisement will list the location of all polling
places for the residents. 

SECTION 2.  Provides that regardless of when an area was included in a
municipal annexation plan, its residents are entitled to vote under the
new provisions added by this bill. 

SECTION 3.  Effective date.
 
EFFECTIVE DATE

September 1, 2003 unless the Act receives the vote necessary for immediate
effect. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 662 requires the municipality to seek preclearance from the
federal government within 30 days after the date a resident in an
annexation plan is entitled to vote.