Texas 2015 - 84th Regular

Texas House Bill HB665 Compare Versions

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

Old	New	Differences
1	1	84R3073 SCL-D
2	2	By: King of Hemphill H.B. No. 665
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for annexation of certain commercial or
8	8	industrial areas by a general-law municipality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 43, Local Government Code,
11	11	is amended by adding Section 43.0235 to read as follows:
12	12	Sec. 43.0235. ADDITIONAL REQUIREMENTS FOR ANNEXATION OF
13	13	CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW
14	14	MUNICIPALITIES. (a) A general-law municipality may annex an area
15	15	in which 50 percent or more of the property in the area to be annexed
16	16	is primarily used for a commercial or industrial purpose only if the
17	17	municipality:
18	18	(1) is otherwise authorized by this subchapter to
19	19	annex the area and complies with the requirements prescribed under
20	20	that authority; and
21	21	(2) obtains the written consent of the owners of a
22	22	majority of the property in the area to be annexed.
23	23	(b) The consent required by Subsection (a)(2) must be signed
24	24	by the owners of the property and must include a description of the
25	25	area to be annexed.
26	26	SECTION 2. Section 43.033(a), Local Government Code, is
27	27	amended to read as follows:
28	28	(a) Except as provided by Section 43.0235, a [A] general-law
29	29	municipality may annex adjacent territory without the consent of
30	30	any of the residents or voters of the area and without the consent
31	31	of any of the owners of land in the area provided that the following
32	32	conditions are met:
33	33	(1) the municipality has a population of 1,000 or more
34	34	and is not eligible to adopt a home-rule charter;
35	35	(2) the procedural rules prescribed by this chapter
36	36	are met;
37	37	(3) the municipality must be providing the area with
38	38	water or sewer service;
39	39	(4) the area:
40	40	(A) does not include unoccupied territory in
41	41	excess of one acre for each service address for water and sewer
42	42	service; or
43	43	(B) is entirely surrounded by the municipality
44	44	and the municipality is a Type A general-law municipality;
45	45	(5) the service plan requires that police and fire
46	46	protection at a level consistent with protection provided within
47	47	the municipality must be provided to the area within 10 days after
48	48	the effective date of the annexation;
49	49	(6) the municipality and the affected landowners have
50	50	not entered an agreement to not annex the area for a certain time
51	51	period; and
52	52	(7) if the area is appraised for ad valorem tax
53	53	purposes as land for agricultural or wildlife management use under
54	54	Subchapter C or D, Chapter 23, Tax Code:
55	55	(A) the municipality offers to make a development
56	56	agreement with the landowner in the manner provided by Section
57	57	212.172 that would:
58	58	(i) guarantee the continuation of the
59	59	extraterritorial status of the area; and
60	60	(ii) authorize the enforcement of all
61	61	regulations and planning authority of the municipality that do not
62	62	interfere with the agricultural or wildlife management use of the
63	63	area; and
64	64	(B) the landowner fails to accept an offer
65	65	described by Paragraph (A) within 30 days after the date the offer
66	66	is made.
67	67	SECTION 3. Section 43.034, Local Government Code, is
68	68	amended to read as follows:
69	69	Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
70	70	AREA; CERTAIN MUNICIPALITIES. Except as provided by Section
71	71	43.0235, a [A] general-law municipality may annex adjacent
72	72	territory without the consent of any of the residents or voters of
73	73	the area and without the consent of any of the owners of land in the
74	74	area if:
75	75	(1) the municipality has a population of 1,762-1,770,
76	76	part of whose boundary is part of the shoreline of a lake whose
77	77	normal surface area is 75,000 acres or greater and which is located
78	78	completely within the State of Texas;
79	79	(2) the procedural rules prescribed by this chapter
80	80	are met;
81	81	(3) the service plan requires that police and fire
82	82	protection at a level consistent with protection provided within
83	83	the municipality must be provided to the area within 10 days after
84	84	the effective date of the annexation; and
85	85	(4) the municipality and the affected landowners have
86	86	not entered an agreement to not annex the area for a certain period.
87	87	SECTION 4. The changes in law made by this Act apply only to
88	88	an annexation for which the first hearing notice required by
89	89	Section 43.0561 or 43.063, Local Government Code, as applicable, is
90	90	published on or after the effective date of this Act. An annexation
91	91	for which the first hearing notice is published before that date is
92	92	governed by the law in effect at the time the notice is published,
93	93	and the former law is continued in effect for that purpose.
94	94	SECTION 5. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2015.