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.