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.