Texas 2009 - 81st Regular

Texas House Bill HB4612 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Oliveira H.B. No. 4612
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to annexation by and disannexation from certain
7	7	municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 43, Local Government Code,
10	10	is amended by adding Section 43.0547 to read as follows:
11	11	Sec. 43.0547. COMPACTNESS REQUIREMENT FOR ANNEXATION IN
12	12	CERTAIN COUNTIES. (a) Notwithstanding any other law, a
13	13	municipality in a county that contains an international border and
14	14	borders the Gulf of Mexico may not annex an area unless:
15	15	(1) the area is compact; and
16	16	(2) the addition of the area to the municipality
17	17	serves the goal of creating a single compact municipal area.
18	18	(b) For purposes of this section, the area to be annexed is
19	19	compact if it is concentrated in a single area. The addition of an
20	20	area to a municipality serves the goal of creating a single compact
21	21	municipal area if the action does not create enclaves, pockets, or
22	22	finger areas.
23	23	SECTION 2. Subchapter C, Chapter 43, Local Government Code,
24	24	is amended by adding Section 43.058 to read as follows:
25	25	Sec. 43.058. PROHIBITION AGAINST ANNEXATION TO SURROUND
26	26	MUNICIPALITY IN CERTAIN COUNTIES. A municipality in a county that
27	27	contains an international border and borders the Gulf of Mexico may
28	28	not annex an area if the annexation or the resulting expansion of
29	29	the annexing municipality's extraterritorial jurisdiction will
30	30	cause another municipality to be entirely surrounded by the
31	31	annexing municipality or the extraterritorial jurisdiction of the
32	32	annexing municipality.
33	33	SECTION 3. Subchapter Z, Chapter 43, Local Government Code,
34	34	is amended by adding Section 43.908 to read as follows:
35	35	Sec. 43.908. REQUIRED ANNEXATION BY AND DISANNEXATION FROM
36	36	CERTAIN MUNICIPALITIES. (a) A municipality in a county that
37	37	contains an international border and borders the Gulf of Mexico
38	38	shall:
39	39	(1) not later than December 1, 2009, include in the
40	40	municipality's annexation plan each unincorporated area that is
41	41	entirely surrounded by the incorporated territory of the
42	42	municipality; and
43	43	(2) not later than December 1, 2012, annex each area
44	44	described by Subdivision (1).
45	45	(b) Not later than January 1, 2010, a municipality described
46	46	by Subsection (a) shall disannex each area that was annexed by the
47	47	municipality on or after January 1, 2002, unless:
48	48	(1) the area is compact; and
49	49	(2) the addition of the area to the municipality
50	50	serves the goal of creating a single compact municipal area.
51	51	(c) For purposes of this section, the area to be annexed is
52	52	compact if it is concentrated in a single area. The addition of an
53	53	area to a municipality serves the goal of creating a single compact
54	54	municipal area if the action does not create enclaves, pockets, or
55	55	finger areas.
56	56	(d) This section expires September 1, 2013.
57	57	SECTION 4. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.