| 1 | 1 | | 82R326 TJB-F |
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| 2 | 2 | | By: Brown, Garza H.B. No. 107 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain home-rule municipalities to obtain |
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| 8 | 8 | | annexation approval from voters in the area to be annexed. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 43, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 43.0225 to read as follows: |
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| 12 | 12 | | Sec. 43.0225. VOTER APPROVAL IN AREA TO BE ANNEXED BY |
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| 13 | 13 | | CERTAIN HOME-RULE MUNICIPALITIES REQUIRED. (a) This section |
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| 14 | 14 | | applies only to a home-rule municipality located in a county: |
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| 15 | 15 | | (1) with a population of less than 185,000; and |
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| 16 | 16 | | (2) in which two or more municipalities with a |
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| 17 | 17 | | population of more than 65,000 are wholly located. |
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| 18 | 18 | | (b) A home-rule municipality may annex an area with 50 or |
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| 19 | 19 | | more inhabitants only if: |
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| 20 | 20 | | (1) the municipality holds an election in the area to |
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| 21 | 21 | | be annexed for which the ballots are printed to provide for voting |
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| 22 | 22 | | for or against the proposition: "Annexation of the area described |
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| 23 | 23 | | in the municipal order calling this election, generally described |
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| 24 | 24 | | as (a general description of the area to be annexed)"; and |
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| 25 | 25 | | (2) a majority of the votes received at the election |
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| 26 | 26 | | favor the annexation. |
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| 27 | 27 | | (c) The general description on the ballot proposition may |
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| 28 | 28 | | not be a metes and bounds description or a legal description and |
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| 29 | 29 | | need not exactly describe the boundaries of the area. The |
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| 30 | 30 | | description may refer to land features, landmarks, streets or |
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| 31 | 31 | | highways, subdivision names, or other commonly understood points of |
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| 32 | 32 | | reference to provide the voters with a reasonable general |
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| 33 | 33 | | understanding of the area to be annexed. |
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| 34 | 34 | | (d) The election order and the notice of the election must |
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| 35 | 35 | | describe the area to be annexed by metes and bounds or by a legal |
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| 36 | 36 | | description and must generally describe the area to be annexed. The |
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| 37 | 37 | | general description is subject to the same provisions that apply |
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| 38 | 38 | | under Subsection (c) to the general description on a ballot |
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| 39 | 39 | | proposition. |
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| 40 | 40 | | (e) If the annexation is not approved as required by |
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| 41 | 41 | | Subsection (b), the municipality may not initiate annexation |
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| 42 | 42 | | proceedings in any part of the area until after the fifth |
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| 43 | 43 | | anniversary of the date of the election. |
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| 44 | 44 | | SECTION 2. The changes in law made by this Act by the |
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| 45 | 45 | | addition of Section 43.0225, Local Government Code, apply only to |
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| 46 | 46 | | an annexation for which the first hearing notice required by |
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| 47 | 47 | | Section 43.0561 or 43.063, Local Government Code, as applicable, is |
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| 48 | 48 | | published on or after the effective date of this Act. An annexation |
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| 49 | 49 | | for which the first hearing notice is published before that date is |
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| 50 | 50 | | governed by the law in effect at the time the notice is published, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2011. |
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