Bill Text: TX SB746 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain procedures associated with voter approval of municipal annexation.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Vetoed) 2019-05-25 - Vetoed by the Governor [SB746 Detail]
Download: Texas-2019-SB746-Comm_Sub.html
Bill Title: Relating to certain procedures associated with voter approval of municipal annexation.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Vetoed) 2019-05-25 - Vetoed by the Governor [SB746 Detail]
Download: Texas-2019-SB746-Comm_Sub.html
By: Campbell, et al. | S.B. No. 746 | |
(In the Senate - Filed February 11, 2019; March 1, 2019, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; April 11, 2019, reported favorably by the following | ||
vote: Yeas 7, Nays 0; April 11, 2019, sent to printer.) | ||
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relating to certain procedures associated with 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 seven 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) 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 43.0686(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If the municipality does not obtain the number of | ||
signatures on the petition required to annex the area, the | ||
municipality may not annex any part of the area and may not adopt | ||
another resolution under Section 43.0682 to annex any part of the | ||
area until the fifth [ |
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period ended. | ||
SECTION 3. Section 43.0697(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If at the election held under this subchapter a majority | ||
of qualified voters do not approve the proposed annexation, or if | ||
the municipality is required to petition owners of land in the area | ||
under Section 43.0695 and does not obtain the required number of | ||
signatures, the municipality may not annex any part of the area and | ||
may not adopt another resolution under Section 43.0692 to annex any | ||
part of the area until the fifth [ |
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the adoption of the resolution. | ||
SECTION 4. 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 5. 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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