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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of the procedural requirements of a |
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municipal annexation plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 43, Local Government Code, |
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is amended by adding Section 43.058 to read as follows: |
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Sec. 43.058. ENFORCEMENT OF PROCEDURAL REQUIREMENTS. |
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(a) The voters of an area identified by an annexation plan or an |
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area annexed under an annexation plan, by petition, may request the |
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attorney general or the district attorney of the county in which a |
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majority of the area is located to initiate appropriate legal |
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proceedings if the voters believe that the annexing municipality |
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has failed to comply with the procedural requirements imposed by |
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this subchapter. |
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(b) The petition must: |
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(1) be signed by at least 10 percent of the registered |
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voters of the area; |
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(2) be filed with the county clerk of the county in |
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which a majority of the area is located; |
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(3) contain a statement of the facts showing the |
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procedural violation; and |
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(4) contain a statement of the form of legal |
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proceeding requested. |
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(c) The county clerk shall verify the signatures on the |
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petition not later than the 15th day after the date the petition is |
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filed. The county clerk shall forward the petition to the attorney |
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general or district attorney, as appropriate, not later than the |
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10th day after the date the county clerk verifies the petition is |
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valid. |
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(d) The attorney general or district attorney, as |
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appropriate, shall conduct an investigation of the facts presented |
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in the petition. |
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(e) If the attorney general or district attorney, as |
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appropriate, determines that the facts presented in the petition |
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support initiating the legal proceeding requested, the attorney |
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general or district attorney shall initiate the appropriate legal |
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action. |
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(f) If the attorney general or district attorney, as |
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appropriate, determines that the facts presented in the petition do |
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not support initiating the legal proceeding requested, the attorney |
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general or the district attorney may refuse to take action under |
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this section. If the attorney general or the district attorney does |
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not take action under this section, the decision must be made in |
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writing and filed with the county clerk. |
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SECTION 2. Section 43.062(a), Local Government Code, is |
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amended to read as follows: |
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(a) Sections 43.051, 43.054, 43.0545, 43.055, 43.0565, |
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43.0567, [and] 43.057, and 43.058 apply to the annexation of an area |
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to which this subchapter applies. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |