AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, small municipalities may involuntarily annex properties under very limited circumstances.  These limitations do not allow a municipality to annex small pockets of unincorporated land that are completely surrounded by the municipality.  Frequently, municipalities assist counties with service delivery for unincorporated areas, especially when distance makes it more convenient for the municipalities to provide the services.  The situation becomes problematic and unfair once an unincorporated area is surrounded by municipalities.  Owners of these unincorporated properties benefit from municipality-provided services without paying for them.

 

As proposed, S.B. 1908 amends current law relating to the authority of a general-law municipality to annex territory receiving water and sewer services from a municipal utility district.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 43.033, Local Government Code, by adding Subsection (c), to provide that Subsection (a)(3) (relating to requiring the municipality to provide water or sewer services) does not apply to a municipality that annexes an area that receives water and sewer service from a municipal utility district that provides water and sewer service to all or part of the municipality.

 

SECTION 2.  Makes application of Section 43.033, Local Government Code, as amended by this Act, prospective.

 

SECTION 3.  Effective date:  upon passage or September 1, 2011.