HBA-LJP C.S.H.B. 1264 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1264
By: Clark
Land & Resource Management
3/7/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Traditionally, a municipality would not be allowed to annex territory
within the extraterritorial jurisdiction (ETJ) or city limits of another
municipality.  A Texas Supreme Court ruling determined that if another
municipality does not protest within two years after a municipality annexes
part of its ETJ, then consent is presumed.  As a result of this ruling, a
municipality must check the agendas or ordinances of surrounding
municipalities at least every two years to avoid the potential loss of
control of any of its ETJ or areas within its city limits.  C.S.H.B. 1264
provides that a municipality's failure to protest within two years after
another municipality has annexed part of the other municipality's area does
not indicate the presumed consent of the annexed municipality. 

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. 

ANALYSIS

C.S.H.B. 1264 amends the Local Government Code to except another
municipality from provisions that specify that a municipal ordinance
defining boundaries of or annexing area to a municipality is conclusively
presumed to have been adopted with the consent of all appropriate persons
if two years have expired after the date of the ordinance's adoption, and
no action to annul or review the ordinance's adoption has been initiated in
that two-year period. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes application of the Act prospective.