BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1457

79R6014 MXM-F                                                                                                      By: Wentworth

                                                                                                               Intergovernmental Relations

                                                                                                                                              4/7/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, certain general-law cities may only annex property that is contiguous to the city limits.  As proposed, S.B. 1457 allows general law cities with certain populations 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

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 43, Local Government Code, by adding Section 43.032, as follows:

 

Sec. 43.032.  AUTHORITY OF CERTAIN TYPE A GENERAL-LAW MUNICIPALITIES TO ANNEX AN AREA UPON PETITION BY OWNERS.  (a)  Authorizes the governing body of a general-law municipality with a population of 1,500 to 1,599 to annex certain areas.

 

(b)  Sets forth certain requirement for a petition requesting annexation.

 

(c)  Authorizes the petitioners and the governing body of the municipality to enter into a development agreement to further cooperation between the municipality regarding the proposed annexation, before filing the annexation petition  Requires the agreement to be attached to the petition.  Sets forth certain guidelines for the agreement.

 

(d)  Authorizes the governing body, if it certifies that the petition meets the requirements of this section and agrees to enter any proposed development agreement attached to the petition, by ordinance to annex the area.  Provides that upon the effective date of the ordinance, the area is annexed.

 

(e)  Sets forth certain requirements for the municipality if the area is annexed.

 

(f)  Provides that the annexation of an area under this section does not expand the extraterritorial jurisdiction of the municipality.  Provides that Sections 42.021 (Extent of Extraterritorial Jurisdiction) and 42.022 (Expansion of Extraterritorial Jurisdiction) do not apply to an annexation made under this section.

 

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