HBA-PDH H.B. 1334 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1334
By: Crabb
Land & Resource Management
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law grants municipalities the right to unilaterally annex
unincorporated areas within their extraterritorial jurisdiction.  H.B. 1334
prohibits a municipality with a population of 1.5 million or more from
annexing an area unless the municipality holds an election on the question
of annexation in the area to be annexed and a majority of the qualified
voters voting at the election 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.  (a) Provides that
this section applies only to a municipality with a population of 1.5
million or more.   

(b) Prohibits a municipality from annexing an area for full or limited
purposes unless the municipality holds an election on the question of
annexation in the area to be annexed and a majority of the qualified voters
voting at the election approve the annexation.   

(c) Prohibits a municipality from annexing any portion of an area before
the 10th anniversary of the date of an election if a majority of votes
received in the election disapproves the annexation. 

(d) Provides that this section does not apply to an annexation of an area
if no qualified voters reside in the area or 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), Local Government Code. 

(e) Requires a municipality to mail notice of the date of an election and
the area proposed to be annexed to all registered voters in the proposed
area. 

(f) Requires a municipality to pay the cost of holding an election and
mailing notice of the election to registered voters. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.