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79R4219 PAM-D

By:  Miller                                                       H.B. No. 1772



A BILL TO BE ENTITLED

AN ACT

relating to permitting a general-law municipality to annex land in 
certain circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.033(a), Local Government Code, is 
amended 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 must be providing the area with 
water or sewer service;
		(4)  the area:                                                         
			(A)  does not include unoccupied territory in 
excess of one acre for each service address for water and sewer 
service; or
			(B)  is entirely surrounded by the municipality 
and the municipality is a Type A general-law municipality;
		(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.
	SECTION 2.  This Act takes effect 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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.