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79R2799 ATP-D

By:  Corte                                                        H.B. No. 586



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a general-law municipality to annex 
certain areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.033, Local Government Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  A general-law municipality may 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 following conditions are met:
		(1)  the municipality has a population of 1,000 or more 
and is not eligible to adopt a home-rule charter;
		(2)  the procedural rules prescribed by this chapter 
are met;               
		(3)  the municipality or another governmental entity is
[must be] providing the area with water or sewer service;
		(4)  the area does not include unoccupied territory in 
excess of:    
			(A)  one acre for each service address for water 
and sewer service; or
			(B)  five acres for each service address for water 
and sewer service, if the municipality has a population of less than 
2,000;
		(5)  the service plan requires that police and fire 
protection at a level consistent with protection provided within 
the municipality must be provided to the area within 10 days after 
the effective date of the annexation; and
		(6)  the municipality and the affected landowners have 
not entered an agreement to not annex the area for a certain time 
period.
	(c)  A general-law municipality may annex an area adjacent to 
the municipality 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 if:
		(1)  the area is owned by a governmental entity;                       
		(2)  each property in the area is adjacent to property 
in the boundaries of the municipality that is owned by the same 
person as the person who owns the property in the area; or
		(3)  one or more municipalities surround more than 65 
percent of the perimeter of the area.
	SECTION 2.  This Act takes effect September 1, 2005.