Bill Text: TX HB107 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to requiring certain home-rule municipalities to obtain annexation approval from voters in the area to be annexed.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-04-21 - Considered in Calendars [HB107 Detail]
Download: Texas-2011-HB107-Comm_Sub.html
| 82R326 TJB-F | ||
| By: Brown, Garza | H.B. No. 107 | |
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| 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. | ||
