84R3073 SCL-D
 
  By: King of Hemphill H.B. No. 665
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements for annexation of certain commercial or
  industrial areas by a general-law municipality.
         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 43.0235 to read as follows:
         Sec. 43.0235.  ADDITIONAL REQUIREMENTS FOR ANNEXATION OF
  CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW
  MUNICIPALITIES. (a)  A general-law municipality may annex an area
  in which 50 percent or more of the property in the area to be annexed
  is primarily used for a commercial or industrial purpose only if the
  municipality:
               (1)  is otherwise authorized by this subchapter to
  annex the area and complies with the requirements prescribed under
  that authority; and
               (2)  obtains the written consent of the owners of a
  majority of the property in the area to be annexed.
         (b)  The consent required by Subsection (a)(2) must be signed
  by the owners of the property and must include a description of the
  area to be annexed.
         SECTION 2.  Section 43.033(a), Local Government Code, is
  amended to read as follows:
         (a)  Except as provided by Section 43.0235, a [A] general-law
  municipality may annex adjacent territory without the consent of
  any of the residents or voters of the area and without the consent
  of any of the owners of land in the area provided that the following
  conditions are met:
               (1)  the municipality has a population of 1,000 or more
  and is not eligible to adopt a home-rule charter;
               (2)  the procedural rules prescribed by this chapter
  are met;
               (3)  the municipality must be providing the area with
  water or sewer service;
               (4)  the area:
                     (A)  does not include unoccupied territory in
  excess of one acre for each service address for water and sewer
  service; or
                     (B)  is entirely surrounded by the municipality
  and the municipality is a Type A general-law municipality;
               (5)  the service plan requires that police and fire
  protection at a level consistent with protection provided within
  the municipality must be provided to the area within 10 days after
  the effective date of the annexation;
               (6)  the municipality and the affected landowners have
  not entered an agreement to not annex the area for a certain time
  period; and
               (7)  if the area is appraised for ad valorem tax
  purposes as land for agricultural or wildlife management use under
  Subchapter C or D, Chapter 23, Tax Code:
                     (A)  the municipality offers to make a development
  agreement with the landowner in the manner provided by Section
  212.172 that would:
                           (i)  guarantee the continuation of the
  extraterritorial status of the area; and
                           (ii)  authorize the enforcement of all
  regulations and planning authority of the municipality that do not
  interfere with the agricultural or wildlife management use of the
  area; and
                     (B)  the landowner fails to accept an offer
  described by Paragraph (A) within 30 days after the date the offer
  is made.
         SECTION 3.  Section 43.034, Local Government Code, is
  amended to read as follows:
         Sec. 43.034.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
  AREA; CERTAIN MUNICIPALITIES.  Except as provided by Section
  43.0235, a [A] general-law municipality may annex adjacent
  territory without the consent of any of the residents or voters of
  the area and without the consent of any of the owners of land in the
  area if:
               (1)  the municipality has a population of 1,762-1,770,
  part of whose boundary is part of the shoreline of a lake whose
  normal surface area is 75,000 acres or greater and which is located
  completely within the State of Texas;
               (2)  the procedural rules prescribed by this chapter
  are met;
               (3)  the service plan requires that police and fire
  protection at a level consistent with protection provided within
  the municipality must be provided to the area within 10 days after
  the effective date of the annexation; and
               (4)  the municipality and the affected landowners have
  not entered an agreement to not annex the area for a certain period.
         SECTION 4.  The changes in law made by this Act 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 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.