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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures associated with voter approval of |
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municipal annexation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 43, Local Government Code, |
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is amended by adding Section 43.004 to read as follows: |
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Sec. 43.004. PETITION FOR ELECTION ON CONSIDERATION AS TIER |
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2 COUNTY. (a) The registered voters of a tier 1 county may file a |
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petition with the commissioners court of the county requesting an |
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election in the county to determine whether the county should be |
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considered a tier 2 county for the purposes of this chapter. The |
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petition must contain the signatures of at least seven percent of |
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the registered voters of the county. |
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(b) The commissioners court of a county that receives a |
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petition for an election under Subsection (a) shall: |
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(1) verify the signatures on the petition; and |
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(2) if the county verifies that the petition satisfies |
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the signature requirement under Subsection (a): |
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(A) order the election; and |
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(B) provide notice of the verified petition as |
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soon as practicable to the governing body of each municipality: |
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(i) located wholly or partly in the county; |
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or |
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(ii) with extraterritorial jurisdiction in |
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the county. |
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(c) If a majority of the votes cast at an election held under |
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Subsection (b) favor the proposition, the county is considered a |
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tier 2 county for the purposes of this chapter. |
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SECTION 2. Section 43.0686(b), Local Government Code, is |
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amended to read as follows: |
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(b) If the municipality does not obtain the number of |
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signatures on the petition required to annex the area, the |
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municipality may not annex any part of the area and may not adopt |
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another resolution under Section 43.0682 to annex any part of the |
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area until the fifth [first] anniversary of the date the petition |
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period ended. |
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SECTION 3. Section 43.0697(b), Local Government Code, is |
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amended to read as follows: |
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(b) If at the election held under this subchapter a majority |
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of qualified voters do not approve the proposed annexation, or if |
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the municipality is required to petition owners of land in the area |
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under Section 43.0695 and does not obtain the required number of |
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signatures, the municipality may not annex any part of the area and |
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may not adopt another resolution under Section 43.0692 to annex any |
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part of the area until the fifth [first] anniversary of the date of |
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the adoption of the resolution. |
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SECTION 4. Section 43.001(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Tier 2 county" means a county that[:
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[(A)] is not a tier 1 county[; or
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[(B)
is a tier 1 county in which a majority of the
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registered voters of the county have approved being a tier 2 county
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at an election ordered by the commissioners court on the request by
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petition of a number of registered voters of the county equal to or
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greater than 10 percent of the registered voters of the county]. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |