81R6651 JTS-D
By: Lucio S.B. No. 1961
A BILL TO BE ENTITLED
AN ACT
relating to annexation by and disannexation from certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 43, Local Government Code,
is amended by adding Section 43.0547 to read as follows:
Sec. 43.0547. COMPACTNESS REQUIREMENT FOR ANNEXATION IN
CERTAIN COUNTIES. (a) Notwithstanding any other law, a
municipality in a county that contains an international border and
borders the Gulf of Mexico may not annex an area unless:
(1) the area is compact; and
(2) the addition of the area to the municipality
serves the goal of creating a single compact municipal area.
(b) For purposes of this section, the area to be annexed is
compact if it is concentrated in a single area. The addition of an
area to a municipality serves the goal of creating a single compact
municipal area if the action does not create enclaves, pockets, or
finger areas.
SECTION 2. Subchapter C, Chapter 43, Local Government Code,
is amended by adding Section 43.058 to read as follows:
Sec. 43.058. PROHIBITION AGAINST ANNEXATION TO SURROUND
MUNICIPALITY IN CERTAIN COUNTIES. A municipality in a county that
contains an international border and borders the Gulf of Mexico may
not annex an area if the annexation or the resulting expansion of
the annexing municipality's extraterritorial jurisdiction will
cause another municipality to be entirely surrounded by the
annexing municipality or the extraterritorial jurisdiction of the
annexing municipality.
SECTION 3. Subchapter Z, Chapter 43, Local Government Code,
is amended by adding Section 43.908 to read as follows:
Sec. 43.908. REQUIRED ANNEXATION BY AND DISANNEXATION FROM
CERTAIN MUNICIPALITIES. (a) A municipality in a county that
contains an international border and borders the Gulf of Mexico
shall:
(1) not later than December 1, 2009, include in the
municipality's annexation plan each unincorporated area that is
entirely surrounded by the incorporated territory of the
municipality; and
(2) not later than December 1, 2012, annex each area
described by Subdivision (1).
(b) Not later than January 1, 2010, a municipality described
by Subsection (a) shall disannex each area that was annexed by the
municipality on or after January 1, 2002, unless:
(1) the area is compact; and
(2) the addition of the area to the municipality
serves the goal of creating a single compact municipal area.
(c) For purposes of this section, the area to be annexed is
compact if it is concentrated in a single area. The addition of an
area to a municipality serves the goal of creating a single compact
municipal area if the action does not create enclaves, pockets, or
finger areas.
(d) This section expires September 1, 2013.
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, 2009.