Texas 2017 - 85th Regular

Texas House Bill HB2272 Compare Versions

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

Old	New	Differences
1	1	By: Schofield H.B. No. 2272
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the procedures for municipal annexation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 43, Local Government Code,
9	9	is amended by adding Section 43.0215 to read as follows:
10	10	Sec. 43.0215. VOTER APPROVAL OF CERTAIN ANNEXATIONS
11	11	REQUIRED FOR CERTAIN MUNICIPALITIES. (a) Notwithstanding any
12	12	other law, a municipality may annex an area for full or limited
13	13	purposes under this chapter only if, in addition to the
14	14	requirements of this chapter, one of the following conditions is
15	15	met:
16	16	(1) the municipality holds an election in the area
17	17	proposed to be annexed and a majority of the votes received at the
18	18	election approve the annexation;
19	19	(2) a majority of the registered voters of the area
20	20	request the governing body of the municipality in writing to annex
21	21	the area;
22	22	(3) each owner of land in the area requests the
23	23	governing body of the municipality in writing to annex the area; or
24	24	(4) the municipality owns the area.
25	25	(c) A municipality shall order an election on the question
26	26	of annexing an area under this section to be held on the first
27	27	November uniform election date that falls on or after the 78th day
28	28	after the date the second public hearing required by Section
29	29	43.063, 43.0751, or 43.124, as applicable, is held.
30	30	(d) A municipality must hold an election under this section
31	31	in the same manner as a general election of the municipality. The
32	32	municipality shall pay for the costs of holding the election.
33	33	(e) A municipality that holds an election under this section
34	34	at which the annexation of an area is not approved by the voters may
35	35	not hold another election on the question of annexing any part of
36	36	that area before the fifth anniversary of the date of the election.
37	37	SECTION 2. Section 43.064, Local Government Code, is
38	38	amended by amending Subsection (a) and adding Subsections (c) and
39	39	(d) to read as follows:
40	40	(a) Except as provided by Subsection (c), if the [The]
41	41	annexation of an area is not [must be] completed on or before the
42	42	90th day [within 90 days] after the date the governing body
43	43	institutes the annexation proceedings, [or] those proceedings are
44	44	void. [Any period during which the municipality is restrained or
45	45	enjoined by a court from annexing the area is not included in
46	46	computing the 90-day period.]
47	47	(c) If the annexation of an area for which an election is
48	48	held under Section 43.0215 is not completed on or before the 90th
49	49	day after the date the election is held, the annexation proceedings
50	50	are void.
51	51	(d) Any period during which a municipality is restrained or
52	52	enjoined by a court from annexing an area is not included in
53	53	computing a 90-day period described by Subsection (a) or (c).
54	54	SECTION 3. Section 43.126, Local Government Code, is
55	55	amended to read as follows:
56	56	Sec. 43.126. PERIOD FOR COMPLETION OF ANNEXATION. (a)
57	57	Except as provided by Subsection (b), the [The] annexation of an
58	58	area for limited purposes must be completed within 90 days after the
59	59	date the governing body institutes the annexation proceedings.
60	60	(b) If the annexation of an area for which an election is
61	61	held under Section 43.0215 is not completed on or before the 90th
62	62	day after the date the election is held, the election and annexation
63	63	proceedings are void.
64	64	SECTION 4. (a) Except as provided by Subsection (b) of this
65	65	section, the change in law made by Section 43.0215, Local
66	66	Government Code, as added by this Act, applies only to the
67	67	annexation of an area that is not final on the effective date of
68	68	this Act. A municipality that has taken action to annex an area
69	69	before the effective date of this Act may hold an election on the
70	70	question of annexation on the later of the date prescribed by
71	71	Section 43.0215(c), Local Government Code, as added by this Act, or
72	72	the first uniform election date that falls on or after the 78th day
73	73	after the effective date of this Act.
74	74	(b) The change in law made by Section 43.0215, Local
75	75	Government Code, as added by this Act, does not apply to the
76	76	annexation of an area included in a strategic partnership agreement
77	77	entered into between a municipality and a district under Section
78	78	43.0751, Local Government Code, before the effective date of this
79	79	Act.
80	80	SECTION 5. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2017.