HBA-TYH H.B. 1009 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1009
By: Hamric
Land and Resource Management.
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Chapter 43 (Municipal Annexation),  Local Government Code,
authorizes a home-rule municipality to annex an area within its
extraterritorial jurisdiction (ETJ), subject to certain procedural rules,
without the approval of the area's residents.  Additionally, residents of
such areas are unable to incorporate, or withdraw from the municipality's
ETJ, without its permission.  H.B. 1009 prohibits a municipality with a
population of 1.6 million or more from annexing an area unless a majority
of the area's qualified voters approve the annexation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 43, Local Government Code, by
adding Section 43.0215, as follows: 

Sec. 43.0215.  VOTER APPROVAL OF ANNEXATION REQUIRED IN CERTAIN
MUNICIPALITIES.  (a)  Provides that this section applies only to a
municipality with a population of 1.6 million or more.  
 
(b)  Prohibits the municipality from annexing an area for full or limited
purposes unless the municipality holds an election in the area on the
question of the annexation and a majority of the votes received at the
election favors annexation.  
 
(c)  Provides that this section does not apply to an annexation of an area
if no qualified voters reside in the area or if the annexation is
authorized by or subject to another section of this chapter, other than
Section 43.021 (Authority of Home-Rule Municipality to Annex Area and Take
Other Actions Regarding Boundaries).  
 
(d)  Requires the municipality to pay for the cost of holding the election. 

SECTION 2.Makes application of this Act prospective to an annexation
proceeding on or after September 1, 1999. 

SECTION 3.Emergency clause.
  Effective date: 90 days after adjournment.