This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
By: Miller (Senate Sponsor - Fraser) H.B. No. 1772
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2005, reported favorably, as
amended, by the following vote: Yeas 4, Nays 0; May 21, 2005, sent
to printer.)
COMMITTEE AMENDMENT NO. 1 By: Wentworth
Amend H.B. No. 1772 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
appropriately:
SECTION __. Subchapter B, Chapter 43, Local Government
Code, is amended by adding Section 43.035 to read as follows:
Sec. 43.035. AUTHORITY OF MUNICIPALITY TO ANNEX AREA
QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE. (a) This
section applies only to an area:
(1) eligible to be the subject of a development
agreement under Subchapter G, Chapter 212; and
(2) appraised for ad valorem tax purposes as land for
agricultural or wildlife management use under Subchapter C or D,
Chapter 23, Tax Code.
(b) A municipality may not annex an area to which this
section applies unless:
(1) the municipality offers to make a development
agreement with the landowner under Section 212.172 that would:
(A) guarantee the continuation of the
extraterritorial status of the area; and
(B) authorize the enforcement of all regulations
and planning authority of the municipality that do not interfere
with the agricultural or wildlife management use of the area; and
(2) the landowner declines to make the agreement
described by Subdivision (1).
SECTION __. The change in law made by Section 43.035, Local
Government Code, as added by this Act, applies only to an annexation
for which the first hearing required under Section 43.0561 or
43.063, Local Government Code, as appropriate, occurs on or after
the effective date of this Act. An annexation for which the first
hearing under either of those sections was held before the
effective date of this Act is governed by the law in effect at the
time of the hearing, and the former law is continued in effect for
that purpose.
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.
* * * * *