By: Campbell, et al. S.B. No. 746
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain procedures associated with voter approval of
  municipal annexation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 43, Local Government Code,
  is amended by adding Section 43.004 to read as follows:
         Sec. 43.004.  PETITION FOR ELECTION ON CONSIDERATION AS TIER
  2 COUNTY. (a)  The registered voters of a tier 1 county may file a
  petition with the commissioners court of the county requesting an
  election in the county to determine whether the county should be
  considered a tier 2 county for the purposes of this chapter. The
  petition must contain the signatures of at least seven percent of
  the registered voters of the county.
         (b)  The commissioners court of a county that receives a
  petition for an election under Subsection (a) shall:
               (1)  verify the signatures on the petition; and
               (2)  if the county verifies that the petition satisfies
  the signature requirement under Subsection (a):
                     (A)  order the election; and
                     (B)  provide notice of the verified petition as
  soon as practicable to the governing body of each municipality:
                           (i)  located wholly or partly in the county;
  or
                           (ii)  with extraterritorial jurisdiction in
  the county.
         (c)  If a majority of the votes cast at an election held under
  Subsection (b) favor the proposition, the county is considered a
  tier 2 county for the purposes of this chapter.
         SECTION 2.  Section 43.0686(b), Local Government Code, is
  amended to read as follows:
         (b)  If the municipality does not obtain the number of
  signatures on the petition required to annex the area, the
  municipality may not annex any part of the area and may not adopt
  another resolution under Section 43.0682 to annex any part of the
  area until the fifth [first] anniversary of the date the petition
  period ended.
         SECTION 3.  Section 43.0697(b), Local Government Code, is
  amended to read as follows:
         (b)  If at the election held under this subchapter a majority
  of qualified voters do not approve the proposed annexation, or if
  the municipality is required to petition owners of land in the area
  under Section 43.0695 and does not obtain the required number of
  signatures, the municipality may not annex any part of the area and
  may not adopt another resolution under Section 43.0692 to annex any
  part of the area until the fifth [first] anniversary of the date of
  the adoption of the resolution.
         SECTION 4.  Section 43.001(3), Local Government Code, is
  amended to read as follows:
               (3)  "Tier 2 county" means a county that[:
                     [(A)]  is not a tier 1 county[; or
                     [(B)     is a tier 1 county in which a majority of the
  registered voters of the county have approved being a tier 2 county
  at an election ordered by the commissioners court on the request by
  petition of a number of registered voters of the county equal to or
  greater than 10 percent of the registered voters of the county].
         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, 2019.