HBA-TYH H.B. 322 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 322 By: Corte Land and Resource Management 4/5/1999 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. 322 requires the consent of the residents before an area may be annexed by a municipality with a population of more than 1.5 million. 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 C, Chapter 43, Local Government Code, by adding Section 43.0541, as follows: Sec. 43.0541. ANNEXATIONS BY MUNICIPALITY WITH POPULATION OF MORE THAN 1.5 MILLION. (a) Prohibits a municipality with a population of more that 1.5 million from annexing a strip of area following the course of natural or constructed features if the commissioners court of the county in which a majority of the area is located finds by resolution that: (1) the municipality did not allow landowners of the proposed area of annexation the opportunity to vote on the annexation, and (2) the area is composed primarily of commercial property or property with a high taxable value, is part of a larger area in which a sense of community exists among a significant number of the residents and landowners, and does not include all parts of the larger area in which the sense of community exists. (b) Provides that to prevent the annexation the commissioners court must adopt the resolution before completion of the annexation by the municipality. (c) Requires that each finding by a commissioners court be reviewed by an annexation review committee (committee) consisting of a specified list of members. (d) Requires that the designations and appointments to the committee be made within 14 days after the date of adoption of the commissioners court resolution. (e) Provides that the county judge is the presiding officer of the committee. Requires the committee to meet at the call of the presiding officer at a place convenient to the majority of the area proposed for annexation. (f) Authorizes the committee to affirm or reverse the finding of the commissioners court. Requires the committee to issue its decision within 60 days of the date of the adoption of the commissioners court resolution. Authorizes an appeal of a decision of the committee to a district court serving the county in which a majority of the area proposed for annexation is located. Prohibits the district court from substituting its judgment for that of the commissioners court or the committee unless the decision by the commissioners court or the committee was arbitrary, capricious, unlawful, or not supported by substantial evidence. (g) Provides that, if the finding of the commissioners court is reversed by the committee or by a court, the time during which the municipality was prevented from annexing the area as a result of the commissioners court resolution is not included in computing the period within which the municipality must complete the annexation under Section 43.053 (Period for Completion of Annexation; Effective Date). SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause.