Bill Text: TX SB1870 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to municipal annexation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [SB1870 Detail]
Download: Texas-2019-SB1870-Introduced.html
2019S0292-1 02/27/19 | ||
By: Hinojosa | S.B. No. 1870 |
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relating to municipal annexation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 43.001(2) and (3), Local Government | ||
Code, are amended to read as follows: | ||
(2) "Tier 1 municipality [ |
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municipality [ |
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(A) with a population of less than 500,000; and | ||
(B) that is not a municipality [ |
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contains a freshwater fisheries center operated by the Texas Parks | ||
and Wildlife Department. | ||
(3) "Tier 2 municipality [ |
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municipality [ |
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SECTION 2. Subchapter A, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.004 to read as follows: | ||
Sec. 43.004. PETITION FOR ELECTION ON CONSIDERATION AS TIER | ||
2 MUNICIPALITY. (a) The registered voters of a county that | ||
includes a tier 1 municipality may file a petition with the county | ||
commissioners court requesting an election in the county to | ||
determine whether the tier 1 municipality should be considered a | ||
tier 2 municipality for the purposes of this chapter. The petition | ||
must contain the signatures of at least 10 percent of the registered | ||
voters of the county. | ||
(b) A county commissioners court that receives a petition | ||
for an election under Subsection (a) shall: | ||
(1) verify the signatures on the petition; and | ||
(2) order the election if the county verifies that the | ||
petition satisfies the signature requirement under Subsection (a). | ||
(c) If a majority of the votes cast at an election held under | ||
Subsection (b) favor the proposition, the municipality is | ||
considered a tier 2 municipality for the purposes of this chapter. | ||
SECTION 3. Section 43.054(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality may not annex a publicly or privately | ||
owned area, including a strip of area following the course of a | ||
road, highway, river, stream, or creek, unless the width of the area | ||
at its narrowest point is at least 50 [ |
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SECTION 4. Section 43.0662, Local Government Code, is | ||
transferred to Subchapter B, Chapter 43, Local Government Code, and | ||
redesignated as Section 43.035, Local Government Code, to read as | ||
follows: | ||
Sec. 43.035 [ |
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POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, | ||
SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding | ||
Subchapter C-4 or C-5, a municipality that has a population of | ||
74,000 to 99,700, that is located wholly or partly in a county with | ||
a population of more than 1.8 million, and that completely | ||
surrounds and is contiguous to a general-law municipality with a | ||
population of less than 600, may annex the general-law municipality | ||
as provided by this section. | ||
(b) The governing body of the smaller municipality may adopt | ||
an ordinance ordering an election on the question of consenting to | ||
the annexation of the smaller municipality by the larger | ||
municipality. The governing body of the smaller municipality shall | ||
adopt the ordinance if it receives a petition to do so signed by a | ||
number of qualified voters of the municipality equal to at least 10 | ||
percent of the number of voters of the municipality who voted in the | ||
most recent general election. If the ordinance ordering the | ||
election is to be adopted as a result of a petition, the ordinance | ||
shall be adopted within 30 days after the date the petition is | ||
received. | ||
(c) The ordinance ordering the election must provide for the | ||
submission of the question at an election to be held on the first | ||
uniform election date prescribed by Chapter 41, Election Code, that | ||
occurs after the 30th day after the date the ordinance is adopted | ||
and that affords enough time to hold the election in the manner | ||
required by law. | ||
(d) Within 10 days after the date on which the election is | ||
held, the governing body of the smaller municipality shall canvass | ||
the election returns and by resolution shall declare the results of | ||
the election. If a majority of the votes received is in favor of the | ||
annexation, the secretary of the smaller municipality or other | ||
appropriate municipal official shall forward by certified mail to | ||
the secretary of the larger municipality a certified copy of the | ||
resolution. | ||
(e) The larger municipality, within 90 days after the date | ||
the resolution is received, must complete the annexation by | ||
ordinance in accordance with its municipal charter or the general | ||
laws of the state. If the annexation is not completed within the | ||
90-day period, any annexation proceeding is void and the larger | ||
municipality may not annex the smaller municipality under this | ||
section. However, the failure to complete the annexation as | ||
provided by this subsection does not prevent the smaller | ||
municipality from holding a new election on the question to enable | ||
the larger municipality to annex the smaller municipality as | ||
provided by this section. | ||
(f) If the larger municipality completes the annexation | ||
within the prescribed period, the incorporation of the smaller | ||
municipality is abolished. The records, public property, public | ||
buildings, money on hand, credit accounts, and other assets of the | ||
smaller municipality become the property of the larger municipality | ||
and shall be turned over to the officers of that municipality. The | ||
offices in the smaller municipality are abolished and the persons | ||
holding those offices are not entitled to further remuneration or | ||
compensation. All outstanding liabilities of the smaller | ||
municipality are assumed by the larger municipality. | ||
(g) In the annexation ordinance, the larger municipality | ||
shall adopt, for application in the area zoned by the smaller | ||
municipality, the identical comprehensive zoning ordinance that | ||
the smaller municipality applied to the area at the time of the | ||
election. Any attempted annexation of the smaller municipality | ||
that does not include the adoption of that comprehensive zoning | ||
ordinance is void. That comprehensive zoning ordinance may not be | ||
repealed or amended for a period of 10 years unless the written | ||
consent of the landowners who own at least two-thirds of the surface | ||
land of the annexed smaller municipality is obtained. | ||
(h) If the annexed smaller municipality has on hand any bond | ||
funds for public improvements that are not appropriated or | ||
contracted for, the funds shall be kept in a separate special fund | ||
to be used only for public improvements in the area for which the | ||
bonds were voted. | ||
(i) On the annexation, all claims, fines, debts, or taxes | ||
due and payable to the smaller municipality become due and payable | ||
to the larger municipality and shall be collected by it. If taxes | ||
for the year in which the annexation occurs have been assessed in | ||
the smaller municipality before the annexation, the amounts | ||
assessed remain as the amounts due and payable from the inhabitants | ||
of the smaller municipality for that year. | ||
(j) This section does not affect a charter provision of a | ||
home-rule municipality. This section grants additional power to | ||
the municipality and is cumulative of the municipal charter. | ||
SECTION 5. Section 43.1025(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The area described by Subsection (b) may be annexed | ||
under the requirements applicable to a tier 1 [ |
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the annexation may not occur unless each municipality in whose | ||
extraterritorial jurisdiction the area may be located: | ||
(1) consents to the annexation; and | ||
(2) reduces its extraterritorial jurisdiction over | ||
the area as provided by Section 42.023. | ||
SECTION 6. Sections 43.001(4) and (5), Local Government | ||
Code, are repealed. | ||
SECTION 7. This Act takes effect September 1, 2019. |