Texas 2015 - 84th Regular

Texas House Bill HB1277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Ashby, Fallon, Guillen H.B. No. 1277
2		-	(Senate Sponsor - Bettencourt)
3		-	(In the Senate - Received from the House April 29, 2015;
4		-	May 4, 2015, read first time and referred to Committee on
5		-	Intergovernmental Relations; May 22, 2015, reported favorably by
6		-	the following vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1277
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to requirements for annexation of certain commercial or
13	6		industrial areas by a general-law municipality.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subchapter B, Chapter 43, Local Government Code,
16	9		is amended by adding Section 43.0235 to read as follows:
17	10		Sec. 43.0235. ADDITIONAL REQUIREMENTS FOR ANNEXATION OF
18	11		CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW
19	12		MUNICIPALITIES. (a) A general-law municipality may annex an area
20	13		in which 50 percent or more of the property in the area to be annexed
21	14		is primarily used for a commercial or industrial purpose only if the
22	15		municipality:
23	16		(1) is otherwise authorized by this subchapter to
24	17		annex the area and complies with the requirements prescribed under
25	18		that authority; and
26	19		(2) obtains the written consent of the owners of a
27	20		majority of the property in the area to be annexed.
28	21		(b) The consent required by Subsection (a)(2) must be signed
29	22		by the owners of the property and must include a description of the
30	23		area to be annexed.
31	24		SECTION 2. Section 43.033(a), Local Government Code, is
32	25		amended to read as follows:
33	26		(a) Except as provided by Section 43.0235, a [A] general-law
34	27		municipality may annex adjacent territory without the consent of
35	28		any of the residents or voters of the area and without the consent
36	29		of any of the owners of land in the area provided that the following
37	30		conditions are met:
38	31		(1) the municipality has a population of 1,000 or more
39	32		and is not eligible to adopt a home-rule charter;
40	33		(2) the procedural rules prescribed by this chapter
41	34		are met;
42	35		(3) the municipality must be providing the area with
43	36		water or sewer service;
44	37		(4) the area:
45	38		(A) does not include unoccupied territory in
46	39		excess of one acre for each service address for water and sewer
47	40		service; or
48	41		(B) is entirely surrounded by the municipality
49	42		and the municipality is a Type A general-law municipality;
50	43		(5) the service plan requires that police and fire
51	44		protection at a level consistent with protection provided within
52	45		the municipality must be provided to the area within 10 days after
53	46		the effective date of the annexation;
54	47		(6) the municipality and the affected landowners have
55	48		not entered an agreement to not annex the area for a certain time
56	49		period; and
57	50		(7) if the area is appraised for ad valorem tax
58	51		purposes as land for agricultural or wildlife management use under
59	52		Subchapter C or D, Chapter 23, Tax Code:
60	53		(A) the municipality offers to make a development
61	54		agreement with the landowner in the manner provided by Section
62	55		212.172 that would:
63	56		(i) guarantee the continuation of the
64	57		extraterritorial status of the area; and
65	58		(ii) authorize the enforcement of all
66	59		regulations and planning authority of the municipality that do not
67	60		interfere with the agricultural or wildlife management use of the
68	61		area; and
69	62		(B) the landowner fails to accept an offer
70	63		described by Paragraph (A) within 30 days after the date the offer
71	64		is made.
72	65		SECTION 3. Section 43.034, Local Government Code, is
73	66		amended to read as follows:
74	67		Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
75	68		AREA; CERTAIN MUNICIPALITIES. Except as provided by Section
76	69		43.0235, a [A] general-law municipality may annex adjacent
77	70		territory without the consent of any of the residents or voters of
78	71		the area and without the consent of any of the owners of land in the
79	72		area if:
80	73		(1) the municipality has a population of 1,762-1,770,
81	74		part of whose boundary is part of the shoreline of a lake whose
82	75		normal surface area is 75,000 acres or greater and which is located
83	76		completely within the State of Texas;
84	77		(2) the procedural rules prescribed by this chapter
85	78		are met;
86	79		(3) the service plan requires that police and fire
87	80		protection at a level consistent with protection provided within
88	81		the municipality must be provided to the area within 10 days after
89	82		the effective date of the annexation; and
90	83		(4) the municipality and the affected landowners have
91	84		not entered an agreement to not annex the area for a certain period.
92	85		SECTION 4. The changes in law made by this Act apply only to
93	86		an annexation for which the first hearing notice required by
94	87		Section 43.0561 or 43.063, Local Government Code, as applicable, is
95	88		published on or after the effective date of this Act. An annexation
96	89		for which the first hearing notice is published before that date is
97	90		governed by the law in effect at the time the notice is published,
98	91		and the former law is continued in effect for that purpose.
99	92		SECTION 5. This Act takes effect immediately if it receives
100	93		a vote of two-thirds of all the members elected to each house, as
101	94		provided by Section 39, Article III, Texas Constitution. If this
102	95		Act does not receive the vote necessary for immediate effect, this
103	96		Act takes effect September 1, 2015.
104		-	* * * * *
	97	+	______________________________ ______________________________
	98	+	President of the Senate Speaker of the House
	99	+	I certify that H.B. No. 1277 was passed by the House on April
	100	+	29, 2015, by the following vote: Yeas 135, Nays 0, 2 present, not
	101	+	voting.
	102	+	______________________________
	103	+	Chief Clerk of the House
	104	+	I certify that H.B. No. 1277 was passed by the Senate on May
	105	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	106	+	______________________________
	107	+	Secretary of the Senate
	108	+	APPROVED: _____________________
	109	+	Date
	110	+	_____________________
	111	+	Governor