Bill Text: TX HB1038 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to a petition by residents of certain counties for an election regarding voter approval of municipal annexation.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2019-05-09 - Committee report printed and distributed [HB1038 Detail]
Download: Texas-2019-HB1038-Comm_Sub.html
By: Burns, Lozano (Senate Sponsor - Birdwell) | H.B. No. 1038 | |
(In the Senate - Received from the House April 25, 2019; | ||
April 29, 2019, read first time and referred to Committee on | ||
Intergovernmental Relations; May 9, 2019, reported favorably by | ||
the following vote: Yeas 5, Nays 1; May 9, 2019, sent to printer.) | ||
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relating to a petition by residents of certain counties for an | ||
election regarding voter approval of municipal annexation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.004 to read as follows: | ||
Sec. 43.004. PETITION FOR ELECTION ON CONSIDERATION AS TIER | ||
2 COUNTY. (a) The registered voters of a tier 1 county may file a | ||
petition with the commissioners court of the county requesting an | ||
election in the county to determine whether the county should be | ||
considered a tier 2 county for the purposes of this chapter. The | ||
petition must contain the signatures of at least 10 percent of the | ||
registered voters of the county. | ||
(b) The commissioners court of a county that receives a | ||
petition for an election under Subsection (a) shall: | ||
(1) verify the signatures on the petition; and | ||
(2) if the county verifies that the petition satisfies | ||
the signature requirement under Subsection (a): | ||
(A) order the election; and | ||
(B) provide notice of the verified petition as | ||
soon as practicable to the governing body of each municipality: | ||
(i) located wholly or partly in the county; | ||
or | ||
(ii) with extraterritorial jurisdiction in | ||
the county. | ||
(c) On receipt of the notice described by Subsection | ||
(b)(2)(B), the governing body shall suspend any pending annexation | ||
that would be affected by the outcome of the election until after | ||
the election is held. | ||
(d) If a majority of the votes cast at an election held under | ||
Subsection (b) favor the proposition, the county is considered a | ||
tier 2 county for the purposes of this chapter. | ||
SECTION 2. Section 43.001(3), Local Government Code, is | ||
amended to read as follows: | ||
(3) "Tier 2 county" means a county that[ |
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SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
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