| 1 | 1 | | 86R7204 SCL-F |
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| 2 | 2 | | By: Kuempel H.B. No. 3185 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authority of certain general-law municipalities to |
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| 8 | 8 | | annex an area without consent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 43.034, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX |
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| 13 | 13 | | AREA; CERTAIN MUNICIPALITIES. Except as provided by Section |
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| 14 | 14 | | 43.0235, a general-law municipality may annex adjacent territory |
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| 15 | 15 | | without the consent of any of the residents or voters of the area |
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| 16 | 16 | | and without the consent of any of the owners of land in the area if: |
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| 17 | 17 | | (1) the municipality: |
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| 18 | 18 | | (A) has a population of 1,762-1,770, part of |
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| 19 | 19 | | whose boundary is part of the shoreline of a lake whose normal |
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| 20 | 20 | | surface area is 75,000 acres or greater and which is located |
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| 21 | 21 | | completely within the State of Texas; or |
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| 22 | 22 | | (B) has a population of more than 550 and less |
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| 23 | 23 | | than 750 and is located in a county adjacent to a county that: |
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| 24 | 24 | | (i) has a population of more than 1.5 |
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| 25 | 25 | | million; and |
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| 26 | 26 | | (ii) contains a municipality in which at |
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| 27 | 27 | | least 75 percent of the county's population resides; |
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| 28 | 28 | | (2) the procedural rules prescribed by this chapter |
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| 29 | 29 | | are met; |
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| 30 | 30 | | (3) the service plan requires that police and fire |
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| 31 | 31 | | protection at a level consistent with protection provided within |
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| 32 | 32 | | the municipality must be provided to the area within 10 days after |
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| 33 | 33 | | the effective date of the annexation; and |
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| 34 | 34 | | (4) the municipality and the affected landowners have |
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| 35 | 35 | | not entered an agreement to not annex the area for a certain period. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2019. |
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