Bill Text: TX HB1952 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the procedures for municipal annexation by certain municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-16 - Referred to Land & Resource Management [HB1952 Detail]
Download: Texas-2017-HB1952-Introduced.html
85R9455 TJB-D | ||
By: Schofield | H.B. No. 1952 |
|
||
|
||
relating to the procedures for municipal annexation by certain | ||
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 43.0215 to read as follows: | ||
Sec. 43.0215. VOTER APPROVAL OF CERTAIN ANNEXATIONS | ||
REQUIRED FOR CERTAIN MUNICIPALITIES. (a) This section applies | ||
only to a municipality with a population of 1.5 million or more. | ||
(b) Notwithstanding any other law, a municipality may annex | ||
an area for full or limited purposes under this chapter only if, in | ||
addition to the requirements of this chapter, one of the following | ||
conditions is met: | ||
(1) the municipality holds an election in the area | ||
proposed to be annexed and a majority of the votes received at the | ||
election approve the annexation; | ||
(2) a majority of the registered voters of the area | ||
request the governing body of the municipality in writing to annex | ||
the area; | ||
(3) each owner of land in the area requests the | ||
governing body of the municipality in writing to annex the area; or | ||
(4) the municipality owns the area. | ||
(c) A municipality shall order an election on the question | ||
of annexing an area under this section to be held on the first | ||
November uniform election date that falls on or after the 78th day | ||
after the date the second public hearing required by Section | ||
43.063, 43.0751, or 43.124, as applicable, is held. | ||
(d) A municipality must hold an election under this section | ||
in the same manner as a general election of the municipality. The | ||
municipality shall pay for the costs of holding the election. | ||
(e) A municipality that holds an election under this section | ||
at which the annexation of an area is not approved by the voters may | ||
not hold another election on the question of annexing any part of | ||
that area before the fifth anniversary of the date of the election. | ||
SECTION 2. Section 43.064, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsections (c) and | ||
(d) to read as follows: | ||
(a) Except as provided by Subsection (c), if the [ |
||
annexation of an area is not [ |
||
90th day [ |
||
institutes the annexation proceedings, [ |
||
void. [ |
||
|
||
|
||
(c) If the annexation of an area for which an election is | ||
held under Section 43.0215 is not completed on or before the 90th | ||
day after the date the election is held, the annexation proceedings | ||
are void. | ||
(d) Any period during which a municipality is restrained or | ||
enjoined by a court from annexing an area is not included in | ||
computing a 90-day period described by Subsection (a) or (c). | ||
SECTION 3. Section 43.126, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.126. PERIOD FOR COMPLETION OF ANNEXATION. (a) | ||
Except as provided by Subsection (b), the [ |
||
area for limited purposes must be completed within 90 days after the | ||
date the governing body institutes the annexation proceedings. | ||
(b) If the annexation of an area for which an election is | ||
held under Section 43.0215 is not completed on or before the 90th | ||
day after the date the election is held, the election and annexation | ||
proceedings are void. | ||
SECTION 4. (a) Except as provided by Subsection (b) of this | ||
section, the change in law made by Section 43.0215, Local | ||
Government Code, as added by this Act, applies only to the | ||
annexation of an area that is not final on the effective date of | ||
this Act. A municipality that has taken action to annex an area | ||
before the effective date of this Act may hold an election on the | ||
question of annexation on the later of the date prescribed by | ||
Section 43.0215(c), Local Government Code, as added by this Act, or | ||
the first uniform election date that falls on or after the 78th day | ||
after the effective date of this Act. | ||
(b) The change in law made by Section 43.0215, Local | ||
Government Code, as added by this Act, does not apply to the | ||
annexation of an area included in a strategic partnership agreement | ||
entered into between a municipality and a district under Section | ||
43.0751, Local Government Code, before the effective date of this | ||
Act. | ||
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, 2017. |