BILL ANALYSIS
By: Wentworth
BACKGROUND AND PURPOSE
Under current law, certain general-law cities may only annex property that is contiguous to the city limits.
SB 1457 authorizes general law cities with a population greater than 1,500 and less than 1,599 to annex an area that is adjacent to the annexing municipality, is not being served with water or sewer service from a governmental entity, and the owner of the land has petitioned the city to annex the land.
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
SB 1457 authorizes the governing body of a general-law municipality with a population of 1,500 to 1,599 to annex certain areas and sets forth requirements for a petition requesting annexation. The governing body of the municipality may enter into a development agreement with the petitioners to further cooperation between the two parties. The agreement must be attached to the to petition. The bill sets forth certain guidelines for the agreement.
If the governing body certifies that the petition meets the requirements of the petition and agrees to enter any proposed development agreement attached to the petition, the governing body by ordinance may annex the area. The bill sets forth certain requirements for the municipality if the area is annexed.
Finally, the bill provides that the annexation of an area under this section does not expand the extraterritorial jurisdiction of the municipality and that Sections 42.021 (Extent of Extraterritorial Jurisdiction) and 42.022 (Expansion of Extraterritorial Jurisdiction), Local Government Code, do not apply to an annexation made under this section.
EFFECTIVE DATE
This Act takes effect September 1, 2005 or immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.