Bill Text: TX HB1609 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the annexation of an unincorporated enclave by certain general-law municipalities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-23 - Left pending in committee [HB1609 Detail]

Download: Texas-2015-HB1609-Introduced.html
  84R5354 SCL-F
 
  By: Kuempel H.B. No. 1609
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the annexation of an unincorporated enclave by certain
  general-law municipalities.
         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 43.037 to read as follows:
         Sec. 43.037.  AUTHORITY OF CERTAIN GENERAL-LAW
  MUNICIPALITIES TO ANNEX UNINCORPORATED ENCLAVE. (a) This section
  applies only to a municipality:
               (1)  with a population of 550 to 750; and 
               (2)  that is located in a county adjacent to a county
  that:
                     (A)  has a population of more than 1.5 million;
  and
                     (B)  contains a municipality in which at least 75
  percent of the county's population resides.
         (b)  A general-law municipality that surrounds an
  unincorporated enclave may annex the enclave as provided by Section
  43.0525 without the consent of the residents of or owners of land in
  the enclave.
         SECTION 2.  Section 43.052(h), Local Government Code, is
  amended to read as follows:
         (h)  This section does not apply to an area proposed for
  annexation if:
               (1)  the area contains fewer than 100 separate tracts
  of land on which one or more residential dwellings are located on
  each tract;
               (2)  the area will be annexed by petition of more than
  50 percent of the real property owners in the area proposed for
  annexation or by vote or petition of the qualified voters or real
  property owners as provided by Subchapter B;
               (3)  the area is or was the subject of:
                     (A)  an industrial district contract under
  Section 42.044; or
                     (B)  a strategic partnership agreement under
  Section 43.0751;
               (4)  the area is located in a colonia, as that term is
  defined by Section 2306.581, Government Code;
               (5)  the area is annexed under Section 43.026, 43.027,
  43.029, [or] 43.031, or 43.037;
               (6)  the area is located completely within the
  boundaries of a closed military installation; or
               (7)  the municipality determines that the annexation of
  the area is necessary to protect the area proposed for annexation or
  the municipality from:
                     (A)  imminent destruction of property or injury to
  persons; or
                     (B)  a condition or use that constitutes a public
  or private nuisance as defined by background principles of nuisance
  and property law of this state.
         SECTION 3.  Subchapter C, Chapter 43, Local Government Code,
  is amended by adding Section 43.0525 to read as follows:
         Sec. 43.0525.  PROCEDURE FOR CERTAIN ANNEXATIONS BY TYPE A
  GENERAL-LAW MUNICIPALITIES.  (a)  To initiate an annexation
  authorized by Section 43.037, the municipality must adopt a
  resolution proposing to annex the enclave.
         (b)  Sections 43.053, 43.056, 43.0561, 43.0562, 43.0564,
  43.0565, and 43.057 apply to an annexation initiated under this
  section, except that:
               (1)  for the purposes of Section 43.053(b), the
  municipality shall compile the inventory after adopting the
  resolution proposing to annex the enclave; and
               (2)  for the purposes of Section 43.053(c), the
  municipality shall request the information necessary to compile the
  inventory in a manner determined to be appropriate by the governing
  body of the municipality.
         (c)  An annexation proposed under this section becomes final
  on the date a plan for the provision of services is negotiated under
  Section 43.0562 or decided under arbitration under Section 43.0564,
  as appropriate.
         SECTION 4.  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.
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