Texas 2009 - 81st Regular

Texas Senate Bill SB1961 Compare Versions

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

Old	New	Differences
1	1	81R6651 JTS-D
2	2	By: Lucio S.B. No. 1961
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to annexation by and disannexation from certain
8	8	municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 43, Local Government Code,
11	11	is amended by adding Section 43.0547 to read as follows:
12	12	Sec. 43.0547. COMPACTNESS REQUIREMENT FOR ANNEXATION IN
13	13	CERTAIN COUNTIES. (a) Notwithstanding any other law, a
14	14	municipality in a county that contains an international border and
15	15	borders the Gulf of Mexico may not annex an area unless:
16	16	(1) the area is compact; and
17	17	(2) the addition of the area to the municipality
18	18	serves the goal of creating a single compact municipal area.
19	19	(b) For purposes of this section, the area to be annexed is
20	20	compact if it is concentrated in a single area. The addition of an
21	21	area to a municipality serves the goal of creating a single compact
22	22	municipal area if the action does not create enclaves, pockets, or
23	23	finger areas.
24	24	SECTION 2. Subchapter C, Chapter 43, Local Government Code,
25	25	is amended by adding Section 43.058 to read as follows:
26	26	Sec. 43.058. PROHIBITION AGAINST ANNEXATION TO SURROUND
27	27	MUNICIPALITY IN CERTAIN COUNTIES. A municipality in a county that
28	28	contains an international border and borders the Gulf of Mexico may
29	29	not annex an area if the annexation or the resulting expansion of
30	30	the annexing municipality's extraterritorial jurisdiction will
31	31	cause another municipality to be entirely surrounded by the
32	32	annexing municipality or the extraterritorial jurisdiction of the
33	33	annexing municipality.
34	34	SECTION 3. Subchapter Z, Chapter 43, Local Government Code,
35	35	is amended by adding Section 43.908 to read as follows:
36	36	Sec. 43.908. REQUIRED ANNEXATION BY AND DISANNEXATION FROM
37	37	CERTAIN MUNICIPALITIES. (a) A municipality in a county that
38	38	contains an international border and borders the Gulf of Mexico
39	39	shall:
40	40	(1) not later than December 1, 2009, include in the
41	41	municipality's annexation plan each unincorporated area that is
42	42	entirely surrounded by the incorporated territory of the
43	43	municipality; and
44	44	(2) not later than December 1, 2012, annex each area
45	45	described by Subdivision (1).
46	46	(b) Not later than January 1, 2010, a municipality described
47	47	by Subsection (a) shall disannex each area that was annexed by the
48	48	municipality on or after January 1, 2002, unless:
49	49	(1) the area is compact; and
50	50	(2) the addition of the area to the municipality
51	51	serves the goal of creating a single compact municipal area.
52	52	(c) For purposes of this section, the area to be annexed is
53	53	compact if it is concentrated in a single area. The addition of an
54	54	area to a municipality serves the goal of creating a single compact
55	55	municipal area if the action does not create enclaves, pockets, or
56	56	finger areas.
57	57	(d) This section expires September 1, 2013.
58	58	SECTION 4. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.