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H.B. No. 585
AN ACT
relating to the requirements for the incorporation of a
municipality in the extraterritorial jurisdiction of certain
existing municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 42.041, Local Government
Code, is amended to read as follows:
Sec. 42.041. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL
JURISDICTION GENERALLY.
SECTION 2. Subchapter C, Chapter 42, Local Government Code,
is amended by adding Section 42.0411 to read as follows:
Sec. 42.0411. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL
JURISDICTION OF CERTAIN MUNICIPALITIES. (a) This section applies
only to:
(1) an area located north and east of Interstate
Highway 10 that is included in the extraterritorial jurisdiction,
or the limited-purpose annexation area, of a municipality with a
population of one million or more that has operated under a
three-year annexation plan similar to the municipal annexation plan
described by Section 43.052 for at least 10 years; or
(2) an area located north and east of Interstate
Highway 10:
(A) that is included in the extraterritorial
jurisdiction, or the limited-purpose annexation area, of a
municipality with a population of one million or more that has
operated under a three-year annexation plan similar to the
municipal annexation plan described by Section 43.052 for at least
10 years;
(B) that has not been included in the
municipality's annexation plan described by Section 43.052 before
the 180th day before the date consent for incorporation is
requested under Section 42.041(a); and
(C) for which the municipality refused to give
its consent to incorporation under Section 42.041(a).
(b) The residents of the area described by Subsection (a)(2)
may initiate an attempt to incorporate as a municipality by filing a
written petition signed by at least 10 percent of the registered
voters of the area of the proposed municipality with the county
judge of the county in which the proposed municipality is located.
The petition must request the county judge to order an election to
determine whether the area of the proposed municipality will
incorporate. An incorporation election under this section shall be
conducted in the same manner as an incorporation election under
Subchapter A, Chapter 8. The consent of the municipality that
previously refused to give consent is not required for the
incorporation.
(c) In this subsection, "deferred annexation area" means an
area that has entered into an agreement with a municipality under
which the municipality defers annexation of the area for at least 10
years. An area described by Subsection (a)(1) that is located
within 1-1/2 miles of a municipality's deferred annexation area or
adjacent to the corporate boundaries of the municipality may not be
annexed for limited or full purposes during the period provided
under the agreement. During the period provided under the
agreement, the residents of the area may incorporate in accordance
with the incorporation proceedings provided by law, except that the
consent of the municipality is not required for the incorporation.
This subsection expires on the later of:
(1) September 1, 2009; or
(2) the date that all areas entitled to incorporate
under this subsection have incorporated.
(d) This subsection applies only to an area that is
described by Subsection (a)(1) and removed from a municipality's
annexation plan under Section 43.052(e) two times or more. The
residents of the area and any adjacent territory that is located
within the extraterritorial jurisdiction of the municipality or
located within an area annexed for limited purposes by the
municipality and that is adjacent to the corporate boundaries of
the municipality may incorporate in accordance with the
incorporation proceedings provided by law, except that the consent
of the municipality is not required for the incorporation. This
subsection expires on the later of:
(1) September 1, 2009; or
(2) the date that all areas entitled to incorporate
under this subsection have incorporated.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 585 was passed by the House on April
22, 2005, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 585 on May 24, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 585 on May 29, 2005, by the following vote: Yeas 145,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 585 was passed by the Senate, with
amendments, on May 21, 2005, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
585 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor