Bill Text: TX HB2005 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requiring certain home-rule municipalities to obtain annexation approval from voters in the area to be annexed.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-18 - Left pending in committee [HB2005 Detail]
Download: Texas-2013-HB2005-Introduced.html
| 83R8961 TJB-F | ||
| By: M. Gonzalez of El Paso | H.B. No. 2005 | |
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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 with a population of more | ||
| than 21,000 and less than 46,000 that is located in a county with a | ||
| population of more than 775,000 and less than 1.7 million. | ||
| (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. Section 43.0225, Local Government Code, as added | ||
| by this Act, applies 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, 2013. | ||
