| 1 | | - | By: Burns, Lozano (Senate Sponsor - Birdwell) H.B. No. 1038 |
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| 2 | | - | (In the Senate - Received from the House April 25, 2019; |
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| 3 | | - | April 29, 2019, read first time and referred to Committee on |
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| 4 | | - | Intergovernmental Relations; May 9, 2019, reported favorably by |
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| 5 | | - | the following vote: Yeas 5, Nays 1; May 9, 2019, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | 86R835 SCL-D |
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| 2 | + | By: Burns, Lozano H.B. No. 1038 |
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| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to a petition by residents of certain counties for an |
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| 12 | 8 | | election regarding voter approval of municipal annexation. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Subchapter A, Chapter 43, Local Government Code, |
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| 15 | 11 | | is amended by adding Section 43.004 to read as follows: |
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| 16 | 12 | | Sec. 43.004. PETITION FOR ELECTION ON CONSIDERATION AS TIER |
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| 17 | 13 | | 2 COUNTY. (a) The registered voters of a tier 1 county may file a |
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| 18 | 14 | | petition with the commissioners court of the county requesting an |
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| 19 | 15 | | election in the county to determine whether the county should be |
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| 20 | 16 | | considered a tier 2 county for the purposes of this chapter. The |
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| 21 | 17 | | petition must contain the signatures of at least 10 percent of the |
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| 22 | 18 | | registered voters of the county. |
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| 23 | 19 | | (b) The commissioners court of a county that receives a |
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| 24 | 20 | | petition for an election under Subsection (a) shall: |
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| 25 | 21 | | (1) verify the signatures on the petition; and |
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| 26 | 22 | | (2) if the county verifies that the petition satisfies |
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| 27 | 23 | | the signature requirement under Subsection (a): |
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| 28 | 24 | | (A) order the election; and |
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| 29 | 25 | | (B) provide notice of the verified petition as |
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| 30 | 26 | | soon as practicable to the governing body of each municipality: |
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| 31 | 27 | | (i) located wholly or partly in the county; |
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| 32 | 28 | | or |
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| 33 | 29 | | (ii) with extraterritorial jurisdiction in |
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| 34 | 30 | | the county. |
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| 35 | 31 | | (c) On receipt of the notice described by Subsection |
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| 36 | 32 | | (b)(2)(B), the governing body shall suspend any pending annexation |
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| 37 | 33 | | that would be affected by the outcome of the election until after |
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| 38 | 34 | | the election is held. |
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| 39 | 35 | | (d) If a majority of the votes cast at an election held under |
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| 40 | 36 | | Subsection (b) favor the proposition, the county is considered a |
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| 41 | 37 | | tier 2 county for the purposes of this chapter. |
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| 42 | 38 | | SECTION 2. Section 43.001(3), Local Government Code, is |
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| 43 | 39 | | amended to read as follows: |
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| 44 | 40 | | (3) "Tier 2 county" means a county that[: |
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| 45 | 41 | | [(A)] is not a tier 1 county[; or |
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| 46 | 42 | | [(B) is a tier 1 county in which a majority of the |
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| 47 | 43 | | registered voters of the county have approved being a tier 2 county |
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| 48 | 44 | | at an election ordered by the commissioners court on the request by |
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| 49 | 45 | | petition of a number of registered voters of the county equal to or |
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| 50 | 46 | | greater than 10 percent of the registered voters of the county]. |
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| 51 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 51 | | Act takes effect September 1, 2019. |
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