By: Schofield H.B. No. 2272
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for municipal annexation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.0215 to read as follows:
Sec. 43.0215. VOTER APPROVAL OF CERTAIN ANNEXATIONS
REQUIRED FOR CERTAIN MUNICIPALITIES. (a) Notwithstanding any
other law, a municipality may annex an area for full or limited
purposes under this chapter only if, in addition to the
requirements of this chapter, one of the following conditions is
met:
(1) the municipality holds an election in the area
proposed to be annexed and a majority of the votes received at the
election approve the annexation;
(2) a majority of the registered voters of the area
request the governing body of the municipality in writing to annex
the area;
(3) each owner of land in the area requests the
governing body of the municipality in writing to annex the area; or
(4) the municipality owns the area.
(c) A municipality shall order an election on the question
of annexing an area under this section to be held on the first
November uniform election date that falls on or after the 78th day
after the date the second public hearing required by Section
43.063, 43.0751, or 43.124, as applicable, is held.
(d) A municipality must hold an election under this section
in the same manner as a general election of the municipality. The
municipality shall pay for the costs of holding the election.
(e) A municipality that holds an election under this section
at which the annexation of an area is not approved by the voters may
not hold another election on the question of annexing any part of
that area before the fifth anniversary of the date of the election.
SECTION 2. Section 43.064, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) Except as provided by Subsection (c), if the [The]
annexation of an area is not [must be] completed on or before the
90th day [within 90 days] after the date the governing body
institutes the annexation proceedings, [or] those proceedings are
void. [Any period during which the municipality is restrained or
enjoined by a court from annexing the area is not included in
computing the 90-day period.]
(c) If the annexation of an area for which an election is
held under Section 43.0215 is not completed on or before the 90th
day after the date the election is held, the annexation proceedings
are void.
(d) Any period during which a municipality is restrained or
enjoined by a court from annexing an area is not included in
computing a 90-day period described by Subsection (a) or (c).
SECTION 3. Section 43.126, Local Government Code, is
amended to read as follows:
Sec. 43.126. PERIOD FOR COMPLETION OF ANNEXATION. (a)
Except as provided by Subsection (b), the [The] annexation of an
area for limited purposes must be completed within 90 days after the
date the governing body institutes the annexation proceedings.
(b) If the annexation of an area for which an election is
held under Section 43.0215 is not completed on or before the 90th
day after the date the election is held, the election and annexation
proceedings are void.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, the change in law made by Section 43.0215, Local
Government Code, as added by this Act, applies only to the
annexation of an area that is not final on the effective date of
this Act. A municipality that has taken action to annex an area
before the effective date of this Act may hold an election on the
question of annexation on the later of the date prescribed by
Section 43.0215(c), Local Government Code, as added by this Act, or
the first uniform election date that falls on or after the 78th day
after the effective date of this Act.
(b) The change in law made by Section 43.0215, Local
Government Code, as added by this Act, does not apply to the
annexation of an area included in a strategic partnership agreement
entered into between a municipality and a district under Section
43.0751, Local Government Code, before the effective date of this
Act.
SECTION 5. 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, 2017.