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House approves short-term fix to incorporation and annexation law after complaints about last session's changes
Summary
Lawmakers passed a temporary amendment restoring a limited window for property owners to seek annexation after complaints that last session's HB 393 removed the ability to opt out; the substitute bill passed 60–14 and expires Nov. 15.
Lawmakers on the House floor approved the first substitute to Senate Bill 5,004 on June 18, a measure aimed at repairing perceived problems caused by last session's HB 393. Representative Waldrop, the House sponsor, said the earlier law swung too far and left some property owners without a practical chance to opt out of incorporations.
"This is an attempt to find a happy medium," Representative Waldrop said, acknowledging the bill is imperfect but arguing it restores fairness for property owners while preserving the integrity of the ballot for incorporators. Key provisions include a short window (ending Aug. 4) during which proposed annexations can remove property from an incorporation area and a 90'day period for incorporators to update fiscal analyses and notify voters of changes.
Supporters said the measure restores rights to landowners who lost notice and recourse under the prior change; Representative Schultz urged colleagues to consider the human impact on farmers and long-standing property owners who were surprised by the prior immediate effective date. Opponents and some members said the bill still produces tradeoffs and will require further work in a future general session; the sponsor said the substitute terminates automatically on Nov. 15 and additional legislation will be needed for a permanent solution.
The House passed the first substitute 60'to—4. The bill will be returned to the Senate for signature and is intended as a temporary remedy to balance incorporator and property-owner interests.
