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.