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H.B. No. 1812
AN ACT
relating to annexation and incorporation procedures for certain
unincorporated areas in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.851, Local Government Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Affected unincorporated area" means the
unincorporated area located within the circumference of a circle,
the center of which is the intersection of State Highways 87 and 12
in Newton County, and the radius of which is six miles.
SECTION 2. Sections 43.852, 43.853, and 43.854, Local
Government Code, are amended to read as follows:
Sec. 43.852. ANNEXATION PROCEDURES. Notwithstanding
Section 43.052(h), an affected municipality may not annex all or
part of an affected unincorporated [the] area [located within the
Mauriceville boundary] unless the affected municipality:
(1) includes the affected unincorporated area in its
municipal annexation plan; and
(2) complies with:
(A) Sections 43.052(a)-(g) and (i)-(j);
(B) Section 43.853; and
(C) other provisions of law relating to
annexation.
Sec. 43.853. NOTICE: INCLUDING AREA IN PLAN. (a) An
affected municipality that adopts or amends its municipal
annexation plan to include all or part of an affected
unincorporated [the] area [located within the Mauriceville
boundary] must comply with this chapter and all other requirements
of law relating to the adoption or amendment of a municipal
annexation plan.
(b) Before the 90th day after the date an affected
municipality adopts or amends its municipal annexation plan to
include all or part of the affected unincorporated area [located
within the Mauriceville boundary], the municipality shall post a
notice of the proposed annexation in at least three public places
within the affected unincorporated area [Mauriceville boundary].
The notice must remain posted for at least seven consecutive days.
The first day of posting must occur before that 90th day.
(c) On or before the 90th day after the date an affected
municipality adopts or amends its municipal annexation plan to
include all or part of the affected unincorporated area [located
within the Mauriceville boundary], the municipality shall publish a
notice of the proposed annexation in at least two newspapers of
general circulation within the affected unincorporated area
[Mauriceville community]. The municipality shall publish a second
notice in the same manner not less than 7 days and not more than 14
days after the first notice is published. If the affected
unincorporated area is located within the Mauriceville boundary,
the municipality shall publish the notice as provided by this
subsection in at least two newspapers of general circulation within
the Mauriceville community.
Sec. 43.854. NOTICE: REMOVING AREA FROM PLAN. (a) An
affected municipality that adopts or amends its municipal
annexation plan to remove all or part of an affected unincorporated
[the] area [located within the Mauriceville boundary] must comply
with this chapter and all other requirements of law relating to the
adoption or amendment of a municipal annexation plan.
(b) Before the 90th day after the date an affected
municipality adopts or amends its municipal annexation plan to
remove all or part of the affected unincorporated area [located
within the Mauriceville boundary], the municipality shall post a
notice of the removal in at least three public places within the
affected unincorporated area [Mauriceville boundary]. The notice
must remain posted for seven consecutive days. The first day of
posting must occur before that 90th day.
(c) On or before the 90th day after the date an affected
municipality adopts or amends its municipal annexation plan to
remove all or part of the affected unincorporated area [located
within the Mauriceville boundary], the municipality shall publish a
notice of the removal in at least two newspapers of general
circulation within the affected unincorporated area [Mauriceville
community]. The municipality shall publish a second notice in the
same manner not less than 7 days and not more than 14 days after the
first notice is published. If the affected unincorporated area is
located within the Mauriceville boundary, the municipality shall
publish the notice as provided by this subsection in at least two
newspapers of general circulation within the Mauriceville
community.
SECTION 3. Section 43.855(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), if an application
or petition to incorporate all or part of an affected
unincorporated [the] area [within the Mauriceville boundary] is
filed with the county judge:
(1) a community may be incorporated within the
affected unincorporated area [Mauriceville boundary] under the
procedures prescribed by law; and
(2) the county judge shall order an incorporation
election under the procedures prescribed by law.
SECTION 4. 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. 1812 was passed by the House on May 9,
2005, by the following vote: Yeas 144, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1812 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor