By:  Wentworth                                                    S.B. No. 1457
	(In the Senate - Filed March 10, 2005; March 21, 2005, read 
first time and referred to Committee on Intergovernmental 
Relations; April 14, 2005, reported favorably by the following 
vote:  Yeas 5, Nays 0; April 14, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the authority of certain general-law municipalities to 
annex certain areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 43, Local Government Code, 
is amended by adding Section 43.032 to read as follows:
	Sec. 43.032.  AUTHORITY OF CERTAIN TYPE A GENERAL-LAW 
MUNICIPALITIES TO ANNEX AN AREA UPON PETITION BY OWNERS.  (a)  The 
governing body of a general-law municipality with a population of 
1,500 to 1,599 may annex an area:
		(1)  that is adjacent to the annexing municipality;                    
		(2)  that is not being served with water or sewer 
service from a governmental entity; and
		(3)  for which a petition requesting annexation has 
been filed with the municipality.
	(b)  A petition requesting annexation filed under Subsection 
(a)(3) must:
		(1)  describe the area to be annexed by metes and 
bounds;            
		(2)  be signed by each owner of real property in the 
area to be annexed; and
		(3)  be filed with the secretary or clerk of the 
municipality.       
	(c)  Before filing the petition, the petitioners and the 
governing body of the municipality may enter into a development 
agreement to further cooperation between the municipality 
regarding the proposed annexation.  The agreement must be attached 
to the petition and may allow:
		(1)  a facility or service, including optional, backup, 
emergency, mutual aid, or supplementary facilities or services, to 
be provided to the area or any part of the area by the municipality, 
a landowner, or by any other person;
		(2)  standards for requesting and receiving any form of 
municipal consent or approval required to perform an activity;
		(3)  remedies for breach of the agreement;                             
		(4)  the amendment, renewal, extension, termination, 
or any other modification of the agreement;
		(5)  a third-party beneficiary to be specifically 
designated and conferred rights or remedies under the agreement; 
and
		(6)  any other term to which the parties agree.                        
	(d)  If the governing body certifies that the petition meets 
the requirements of this section and agrees to enter any proposed 
development agreement attached to the petition, the governing body 
by ordinance may annex the area.  On the effective date of the 
ordinance, the area is annexed.
	(e)  If the area is annexed, the municipality shall:                    
		(1)  file a certified copy of the ordinance together 
with a copy of the petition, including any attached development 
agreement, in the office of the county clerk of the county in which 
the municipality is located and with each party to the agreement; 
and
		(2)  provide a copy of the filed documents to each 
landowner in the area.
	(f)  The annexation of an area under this section does not 
expand the extraterritorial jurisdiction of the municipality.  
Sections 42.021 and 42.022 do not apply to an annexation made under 
this section.
	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.



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