HBA-MPA, KSM H.B. 379 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 379
By: Williams
Land & Resources Management
3/10/1999
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.  Residents of such areas are
unable to incorporate or withdraw from the ETJ without the municipality's
permission.  H.B. 379 prohibits a municipality with a population of 1.6
million or more from annexing an area in its ETJ without the approval of a
majority of the area's residents. 

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.  Specifies that this section applies only to a municipality
with a population of 1.6 million or more.  Prohibits a municipality from
annexing an area for full or limited purposes unless an election is held
and a majority of the qualified voters of the area to be annexed approve
the annexation.  Provides that this section does not apply to an annexation
of an area if no qualified voters reside in the area,  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), or if the annexation is initiated by
the municipality in response to a petition under Section 42.041 (Municipal
Incorporation in Extraterritorial Jurisdiction).  Requires the municipality
to pay for the election costs. 

SECTION 2.  Provides that the addition of Section 43.0215 applies only to
an annexation for which a first hearing notice is published on or after
September 1, 1999, and that if a  first hearing notice is published before
September 1, 1999, the prior law is continued in effect. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.