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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain home-rule municipalities to obtain |
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annexation approval from voters in the area to be annexed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Local Government |
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Code, is amended by adding Section 43.0225 to read as follows: |
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Sec. 43.0225. VOTER APPROVAL IN AREA TO BE ANNEXED BY |
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CERTAIN HOME-RULE MUNICIPALITIES REQUIRED. (a) This section |
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applies only to a home-rule municipality located in a county: |
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(1) with a population of less than 185,000; and |
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(2) in which two or more municipalities with a |
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population of more than 65,000 are wholly located. |
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(b) A home-rule municipality may annex an area with 50 or |
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more inhabitants only if: |
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(1) the municipality holds an election in the area to |
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be annexed for which the ballots are printed to provide for voting |
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for or against the proposition: "Annexation of the area described |
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in the municipal order calling this election, generally described |
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as (a general description of the area to be annexed)"; and |
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(2) a majority of the votes received at the election |
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favor the annexation. |
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(c) The general description on the ballot proposition may |
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not be a metes and bounds description or a legal description and |
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need not exactly describe the boundaries of the area. The |
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description may refer to land features, landmarks, streets or |
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highways, subdivision names, or other commonly understood points of |
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reference to provide the voters with a reasonable general |
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understanding of the area to be annexed. |
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(d) The election order and the notice of the election must |
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describe the area to be annexed by metes and bounds or by a legal |
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description and must generally describe the area to be annexed. The |
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general description is subject to the same provisions that apply |
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under Subsection (c) to the general description on a ballot |
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proposition. |
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(e) If the annexation is not approved as required by |
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Subsection (b), the municipality may not initiate annexation |
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proceedings in any part of the area until after the fifth |
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anniversary of the date of the election. |
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SECTION 2. The changes in law made by this Act by the |
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addition of Section 43.0225, Local Government Code, apply only to |
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an annexation for which the first hearing notice required by |
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Section 43.0561 or 43.063, Local Government Code, as applicable, is |
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published on or after the effective date of this Act. An annexation |
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for which the first hearing notice is published before that date is |
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governed by the law in effect at the time the notice is published, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |