FORTY-THIRD LEGISLATURE
                        SECOND SESSION, 1998
  
  
                                                February 11, 1998
  
  
  Mr. Speaker:
  
       Your JUCICIARY COMMITTEE, to whom has been referred
  
                        HOUSE BILL 238
                               
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
            1.  On page 4, line 4, strike "If" and insert in lieu
  thereof "Except as provided in Subsection D of this section, if".
  
       2.  On page 4, between lines 11 and 12, insert the following
  new subsection:
  
            "D.  When the nonconsenting property owners' properties
  are entirely surrounded by consenting property owners, the city
  council may approve the annexation without approval or disapproval
  of the extraterritorial land use authority.".
  
       3.  Reletter the succeeding subsections accordingly.
  
       4.  On page 5, lines 20 through 25, and on page 6, lines 1
  and 2, strike Subsection B in its entirety and insert in lieu
  thereof the following new subsection:
  
            "B.  A municipality having a population over two hundred
  thousand persons located in a class A county shall have planning
  and platting jurisdiction within five miles of the boundary of the
  municipality shared with the county and not within the boundary of
  another municipality through the extraterritorial land use
  commission that shall make recommendations to the extraterritorial
  land use authority.".
  
       5.  On page 7, lines 9 through 16, strike Paragraph (4) in
  its entirety and insert in lieu thereof the following new
  paragraph:
  
                 "(4)  a municipality having a population over two
  hundred thousand persons according to the most recent census
  located in a class A county shall share approval authority with
  the county of subdivisions and platting of land within five miles
  of the municipal boundary.  Approval shall be through the actions
  of the extraterritorial land use commission and extraterritorial
  land use authority.".
  
                                Respectfully submitted,
  
  
  
                                                                                               
                                                              Thomas P. Foy, Chairman
  
  
  Adopted                            Not Adopted                          
            (Chief Clerk)                      (Chief Clerk)
  
                        Date                
  
  The roll call vote was 12  For 0  Against
  Yes:      12
            Excused:  Sanchez
            Absent:   None 
  
  
  .122953.1
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