86R7201 SCL-F
By: Kuempel H.B. No. 3184
A BILL TO BE ENTITLED
AN ACT
relating to the annexation of an unincorporated enclave by certain
general-law municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A-1, Chapter 43, Local Government
Code, is amended by adding Section 43.01151 to read as follows:
Sec. 43.01151. AUTHORITY OF CERTAIN GENERAL-LAW
MUNICIPALITIES TO ANNEX UNINCORPORATED ENCLAVE. (a) This section
applies only to a municipality:
(1) with a population of more than 550 and less than
750; and
(2) that is located in a county adjacent to a county
that:
(A) has a population of more than 1.5 million;
and
(B) contains a municipality in which at least 75
percent of the county's population resides.
(b) A general-law municipality that surrounds an
unincorporated enclave may annex the enclave as provided by Section
43.0525 without the consent of the residents of or owners of land in
the enclave.
SECTION 2. Section 43.052(h), Local Government Code, is
amended to read as follows:
(h) This section does not apply to an area proposed for
annexation if:
(1) the area contains fewer than 100 separate tracts
of land on which one or more residential dwellings are located on
each tract;
(2) the area will be annexed by petition of more than
50 percent of the real property owners in the area proposed for
annexation or by vote or petition of the qualified voters or real
property owners as provided by Subchapter B;
(3) the area is or was the subject of:
(A) an industrial district contract under
Section 42.044; or
(B) a strategic partnership agreement under
Section 43.0751;
(4) the area is located in a colonia, as that term is
defined by Section 2306.581, Government Code;
(5) the area is annexed under Section 43.012, 43.013,
43.015, [or] 43.029, or 43.01151;
(6) the area is located completely within the
boundaries of a closed military installation; or
(7) the municipality determines that the annexation of
the area is necessary to protect the area proposed for annexation or
the municipality from:
(A) imminent destruction of property or injury to
persons; or
(B) a condition or use that constitutes a public
or private nuisance as defined by background principles of nuisance
and property law of this state.
SECTION 3. Subchapter C, Chapter 43, Local Government Code,
is amended by adding Section 43.0525 to read as follows:
Sec. 43.0525. PROCEDURE FOR ENCLAVE ANNEXATIONS BY CERTAIN
GENERAL-LAW MUNICIPALITIES. (a) To initiate an annexation
authorized by Section 43.01151, the municipality must adopt a
resolution proposing to annex the enclave.
(b) Sections 43.053, 43.056, 43.0561, 43.0562, 43.0564, and
43.057 apply to an annexation initiated under this section, except
that:
(1) for the purposes of Section 43.053(b), the
municipality shall compile the inventory after adopting the
resolution proposing to annex the enclave; and
(2) for the purposes of Section 43.053(c), the
municipality shall request the information necessary to compile the
inventory in a manner determined to be appropriate by the governing
body of the municipality.
(c) An annexation proposed under this section becomes final
on the date a plan for the provision of services is negotiated under
Section 43.0562 or decided under arbitration under Section 43.0564,
as appropriate.
SECTION 4. 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, 2019.