Amend HB 610 (Senate committee printing) by adding the
following appropriately numbered sections to the bill and
renumbering subsequent sections of the bill accordingly:
SECTION ___. Subchapter B, Chapter 43, Local Government
Code, is amended by adding Section 43.035 to read as follows:
Sec. 43.035. ANNEXATION OF CERTAIN CONTIGUOUS AREAS BY
GENERAL LAW MUNICIPALITY. (a) Notwithstanding any other provision
of this chapter, a general law municipality may annex an
unincorporated area located within three contiguous miles of the
municipality's corporate limits or extraterritorial jurisdiction
if the municipality receives a petition for annexation from at
least 75 percent of the qualified voters of the area to be annexed.
If any part of a subdivision is within the three mile limit, all of
the subdivision may be annexed under this section.
(b) In order to file a petition under this section, part of
the area to be annexed must be:
(1) within the boundaries of a school district with a
high school located within the general law municipality's corporate
limits or extraterritorial jurisdiction; and
(2) within three linear miles of the general law
municipality's main police station.
(c) If the general law municipality grants the petition, the
municipality shall have the sole authority and power to annex the
affected area.
(d) On the effective date of the ordinance annexing the
territory, the area becomes a part of the general law municipality
and the inhabitants of the area are entitled to the rights and
privileges of other residents of the municipality and are bound by
the acts and ordinances adopted by the municipality.
(e) The fact that the affected area is within the
extraterritorial jurisdiction or annexation plan of a home rule
municipality does not affect the power of the general law
municipality to annex the area under this section if that home rule
municipality does not elect the home rule municipality's governing
body from single member districts. If a general municipality
annexes an area under this section and the area is within a home
rule municipality's extraterritorial jurisdiction or annexation
plan, the home rule municipality's extraterritorial jurisdiction
and annexation plan area are decreased by that amount. An area
annexed under this section is exempt from the requirements of this
chapter from being in a general law municipality's annexation plan.
(f) In a petition filed under this section, the petitioners
may propose a service plan, and the general law municipality may
adopt the proposed service plan in the annexation ordinance without
undergoing the procedures required by this chapter for the adoption
of a service plan.
SECTION ____. Section 43.052, Local Government Code, is
amended by adding Subsection (k) to read as follows:
(k) Notwithstanding the restrictions imposed by Subsections
(e) and (g), under an agreement described by Section 43.0563 a
municipality may annex an area for full or limited purposes at any
time on petition of the owner of the area for the annexation if the
area:
(1) is in the municipality's annexation plan; or
(2) was previously in the municipality's annexation
plan but removed under Subsection (e).
SECTION ____. Section 43.0563, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The governing body of a municipality with a population
of less than 1.6 million may negotiate and enter into a written
agreement [with representatives designated under Section
43.0562(b)] for the provision of services and the funding of the
services in an [the] area with:
(1) representatives designated under Section
43.0562(b), if the area is included in the municipality's
annexation plan; or
(2) an owner of an area within the extraterritorial
jurisdiction of the municipality if the area is not included in the
municipality's annexation plan.
(a-1) An [The] agreement under this section may also include
an agreement related to permissible land uses and compliance with
municipal ordinances.
SECTION ____. Section 43.0564(a), Local Government Code, is
amended to read as follows:
(a) If the municipality and the representatives of the area
proposed for annexation cannot reach an agreement for the provision
of services under Section 43.0562 or if the municipality and the
property owner representatives described by Section 43.0563(a)(1)
cannot reach an agreement for the provision of services in lieu of
annexation under Section 43.0563, either party by majority decision
of the party's representatives may request the appointment of an
arbitrator to resolve the service plan issues in dispute. The
request must be made in writing to the other party before the 60th
day after the date the service plan is completed under Section
43.056. The municipality may not annex the area under another
section of this chapter during the pendency of the arbitration
proceeding or an appeal from the arbitrator's decision.