79R12820 MXM-F


By:  Truitt                                                       H.B. No. 3175

Substitute the following for H.B. No. 3175:                                   

By:  Harper-Brown                                             C.S.H.B. No. 3175



A BILL TO BE ENTITLED

AN ACT

relating to the consent required for a municipality to annex a water 
or sewer district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.071, Local Government Code, is 
amended by adding Subsection (g) to read as follows:
	(g)  For an annexation of an area in a water or sewer district 
that is wholly or partly in the overlapping extraterritorial 
jurisdiction of two or more municipalities, any one of those 
municipalities is not required to obtain under Section 42.023 the 
written consent of any of the other municipalities in order to annex 
the area if:
		(1)  the area contains less than 100 acres;                            
		(2)  the annexing municipality has previously annexed 
more than 50 percent of the territory of the water or sewer 
district, as the district existed on the date of its creation; and
		(3)  the entire water or sewer district would be 
contained in the annexing municipality after completion of the 
annexation.
	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.