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78R5339 DRH-D

By:  Brown of Kaufman                                             H.B. No. 1679



A BILL TO BE ENTITLED

AN ACT

relating to the review of a proposed municipal annexation that 
prevents another  municipality from engaging in any significant 
future annexation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 43, Local Government Code, 
is amended by adding Section 43.035 to read as follows:
	Sec. 43.035.  REVIEW OF ANNEXATION THAT AFFECTS ABILITY OF 
OTHER MUNICIPALITY TO PERFORM FUTURE ANNEXATION.  (a)  A 
municipality may request a district judge of the county in which 
another municipality proposes to annex territory to appoint a 
person under this section to review the proposed annexation if:
		(1)  any part of the area proposed for annexation is 
located within one mile of the extraterritorial jurisdiction of the 
municipality making the request; and
		(2)  in the view of the municipality making the 
request, the completion of the proposed annexation would 
unreasonably eliminate the ability of the requesting municipality 
to perform any significant future annexation.
	(b)  A district judge that receives a request under 
Subsection (a) shall appoint a judge or justice to review the 
annexation.  To be eligible for appointment a person must be:
		(1)  a resident of the county in which the territory 
proposed to be annexed is located; and
		(2)  a current, retired, or former judge or justice of 
one of the following courts:
			(A)  court of appeals;                                                
			(B)  district court, including a criminal 
district court; or        
			(C)  statutory county court.                                          
	(c)  A judge or justice appointed under this section shall 
determine whether the completion of the proposed annexation would 
unreasonably eliminate the ability of the requesting municipality 
to perform any significant future annexation.  In making the 
determination, the judge or justice may consider:
		(1)  the current population and area of:                               
			(A)  each municipality; and                                           
			(B)  the extraterritorial jurisdiction of each 
municipality;        
		(2)  the current and likely future growth rate of each 
municipality; 
		(3)  the long-term growth plans of each municipality;                  
		(4)  the availability of unincorporated area eligible 
to be annexed by each municipality;
		(5)  whether the communities of interest in the area 
proposed for annexation are more similar to and would be better 
served by the municipality proposing annexation or the requesting 
municipality; and
		(6)  whether, after completion of the proposed 
annexation, the requesting municipality would have significant 
unincorporated area adjacent to the municipality that is eligible 
to be annexed by the municipality.
	(d)  If the judge or justice determines that the completion 
of the proposed annexation would eliminate the ability of the 
requesting municipality to perform any significant future 
annexation, the proposed annexation may not occur unless the 
municipality making the request under this section consents to the 
annexation.  The judge or justice may provide for a modification of 
the annexation proposal.  If the municipality proposing the 
annexation accepts the modification, consent of the requesting 
municipality is not required.
	(e)  The district judge making an appoinment under 
Subsection (b) shall fix the compensation to be paid to a judge or 
justice appointed under this section.  Compensation shall be paid 
by:
		(1)  the municipality proposing the annexation, if the 
judge or justice determines that the completion of the proposed 
annexation would eliminate the ability of the requesting 
municipality to perform any significant future annexation or if the 
judge or justice provides a modification to the proposed 
annexation; or
		(2)  the municipality making the request, if the judge 
or justice does not determine that the completion of the proposed 
annexation would eliminate the ability of the requesting 
municipality to perform any significant future annexation.
	(f)  A municipality may not make a request under this section 
after the annexation is completed.  An annexation may not be 
completed until a request made under this section is resolved.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to an annexation:
		(1)  included in an annexation plan on or after that 
date, if the annexation occurs under Subchapter C, Chapter 43, 
Local Government Code; or
		(2)  for which notice for the first public hearing is 
published on or after that date, if the annexation occurs under 
Subchapter C-1, Local Government Code.