82R326 TJB-F
 
  By: Brown, Garza H.B. No. 107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring certain home-rule municipalities to obtain
 
  annexation approval from voters in the area to be annexed.
         
         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 43.0225 to read as follows:
         
         Sec. 43.0225.  VOTER APPROVAL IN AREA TO BE ANNEXED BY
 
  CERTAIN HOME-RULE MUNICIPALITIES REQUIRED. (a) This section
 
  applies only to a home-rule municipality located in a county:
               
               (1)  with a population of less than 185,000; and
               
               (2)  in which two or more municipalities with a
 
  population of more than 65,000 are wholly located.
         
         (b)  A home-rule municipality may annex an area with 50 or
 
  more inhabitants only if:
               
               (1)  the municipality holds an election in the area to
 
  be annexed for which the ballots are printed to provide for voting
 
  for or against the proposition: "Annexation of the area described
 
  in the municipal order calling this election, generally described
 
  as (a general description of the area to be annexed)"; and
               
               (2)  a majority of the votes received at the election
 
  favor the annexation.
         
         (c)  The general description on the ballot proposition may
 
  not be a metes and bounds description or a legal description and
 
  need not exactly describe the boundaries of the area. The
 
  description may refer to land features, landmarks, streets or
 
  highways, subdivision names, or other commonly understood points of
 
  reference to provide the voters with a reasonable general
 
  understanding of the area to be annexed.
         
         (d)  The election order and the notice of the election must
 
  describe the area to be annexed by metes and bounds or by a legal
 
  description and must generally describe the area to be annexed. The
 
  general description is subject to the same provisions that apply
 
  under Subsection (c) to the general description on a ballot
 
  proposition.
         
         (e)  If the annexation is not approved as required by
 
  Subsection (b), the municipality may not initiate annexation
 
  proceedings in any part of the area until after the fifth
 
  anniversary of the date of the election.
         
         SECTION 2.   The changes in law made by this Act by the
 
  addition of Section 43.0225, Local Government Code, apply only to
 
  an annexation for which the first hearing notice required by
 
  Section 43.0561 or 43.063, Local Government Code, as applicable, is
 
  published on or after the effective date of this Act. An annexation
 
  for which the first hearing notice is published before that date is
 
  governed by the law in effect at the time the notice is published,
 
  and the former law is continued in effect for that purpose.
         
         SECTION 3.  This Act takes effect September 1, 2011.