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.