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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing landowners and certain municipalities to enter |
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into voluntary agreements regarding annexation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.052, Local Government Code, is |
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amended by adding Subsection (k) to read as follows: |
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(k) Notwithstanding the restrictions imposed by Subsections |
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(e) and (g), under an agreement described by Section 43.0563 a |
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municipality may annex an area for full or limited purposes at any |
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time on petition of the owner of the area for the annexation if the |
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area: |
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(1) is in the municipality's annexation plan; or |
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(2) was previously in the municipality's annexation |
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plan but removed under Subsection (e). |
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SECTION 2. Section 43.0563, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The governing body of a municipality with a population |
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of less than 1.6 million may negotiate and enter into a written |
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agreement [with representatives designated under Section
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43.0562(b)] for the provision of services and the funding of the |
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services in an [the] area with: |
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(1) representatives designated under Section |
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43.0562(b), if the area is included in the municipality's |
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annexation plan; or |
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(2) an owner of an area within the extraterritorial |
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jurisdiction of the municipality if the area is not included in the |
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municipality's annexation plan. |
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(a-1) An [The] agreement under this section may also include |
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an agreement related to permissible land uses and compliance with |
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municipal ordinances. |
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SECTION 3. Section 43.0564(a), Local Government Code, is |
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amended to read as follows: |
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(a) If the municipality and the representatives of the area |
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proposed for annexation cannot reach an agreement for the provision |
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of services under Section 43.0562 or if the municipality and the |
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property owner representatives described by Section 43.0563(a)(1) |
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cannot reach an agreement for the provision of services in lieu of |
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annexation under Section 43.0563, either party by majority decision |
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of the party's representatives may request the appointment of an |
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arbitrator to resolve the service plan issues in dispute. The |
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request must be made in writing to the other party before the 60th |
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day after the date the service plan is completed under Section |
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43.056. The municipality may not annex the area under another |
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section of this chapter during the pendency of the arbitration |
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proceeding or an appeal from the arbitrator's decision. |
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SECTION 4. 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. |