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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1772

79R18670 PAM-D                                                                                                By: Miller (Fraser)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2005

                                                                                                           Committee Report (Amended)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Type A general-law municipalities may involuntarily annex properties under very limited circumstances. These limitations do not allow a municipality to annex small pockets of unincorporated land that are completely surrounded by the municipality.

 

H.B. 1772 extends the ability of a Type A general-law municipality that completely surrounds an area to annex the land if all other current conditions are met.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 43.033(a), Local Government Code, to authorize a general-law municipality to annex adjacent territory without the consent of any of the residents or voters of the area and without the consent of any of the owners of land in the area provided that the area is entirely surrounded by the municipality and the municipality is a Type A general-law municipality.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.

 

SUMMARY OF COMMITTEE CHANGES

 

Committee Amendment No. 1:

 

Amends H.B. 1772, by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS appropriately:

 

SECTION __.  Amends Subchapter B, Chapter 43, Local Government Code, by adding Section 43.035, as follows:

 

Sec. 43.035.  AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL WILDLIFE MANAGEMENT USE. (a) Provides that this section only applies to certain areas.

 

(b)  Prohibits a municipality from annexing an area to which this section applies except under certain conditions.

 

SECTION __.  Makes application of the change in law made by Section 43.035, Local Government Code, as added by this Act, prospective.