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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of an area proposed to be annexed to |
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incorporate as a new general-law municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.041(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 42.0415, a [A] |
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municipality may not be incorporated in the extraterritorial |
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jurisdiction of an existing municipality unless the governing body |
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of the existing municipality gives its written consent by ordinance |
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or resolution. |
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SECTION 2. Subchapter C, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0415 to read as follows: |
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Sec. 42.0415. INCORPORATION AS GENERAL-LAW MUNICIPALITY OF |
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AREA PROPOSED FOR ANNEXATION. (a) For the purpose of this section, |
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the date annexation proceedings are initiated for an area is the |
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date that: |
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(1) the area is included in an annexation plan under |
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Section 43.052; |
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(2) the notice of the first public hearing required by |
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Section 43.063 is published; or |
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(3) the notice of the first public hearing required by |
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Section 43.124 is published if the area is proposed to be annexed |
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for limited purposes. |
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(b) Not later than the 30th day after the date a |
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municipality initiates annexation proceedings, a petition that |
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meets the requirements of Subsection (c) may be presented to the |
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governing body of the annexing municipality to request: |
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(1) the release of all or part of the area to be |
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annexed from the annexation proceeding; and |
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(2) authorization to incorporate all or part of the |
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area to be annexed as a new general-law municipality. |
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(c) The petition must: |
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(1) be signed by a number of registered voters of the |
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area requesting release and incorporation under Subsection (b) |
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equal to or greater than the number of voters required to apply or |
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petition for incorporation under Chapter 6, 7, or 8 as the type of |
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general-law municipality intended to be created; |
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(2) describe the portion of the area proposed to be |
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annexed that the petitioners seek to incorporate as a new |
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municipality; |
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(3) affirm that the area described by Subdivision (2): |
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(A) contains at least the number of residents |
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required for the creation of the type of general-law municipality |
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intended to be created; and |
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(B) is equal to or larger than the minimum |
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territorial requirements for the creation of the type of |
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general-law municipality intended to be created; |
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(4) state that the intent of the persons signing the |
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petition is to incorporate the described area as a new general-law |
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municipality; and |
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(5) state the type of general-law municipality |
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intended to be created. |
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(d) If the governing body determines that the petition is |
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valid, the municipality shall: |
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(1) release from the annexation proceeding the area |
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described in the petition; and |
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(2) authorize the incorporation of the area as a new |
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general-law municipality or as part of a new general-law |
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municipality. |
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(e) Not later than the 90th day after the date the |
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municipality releases an area from an annexation proceeding, the |
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persons within the released area must begin the procedures |
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prescribed by this title for the municipal incorporation of the |
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area. |
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(f) The incorporation proceeding in the area must be |
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completed not later than the first anniversary of the date the |
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municipality releases the area from the annexation proceeding. |
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(g) If the area described under Subsection (c) is not |
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incorporated within the time limits described by Subsection (f), |
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the municipality may proceed with the annexation of the area, and |
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the residents of the area may not present another petition under |
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this section until the fifth anniversary of the date the initial |
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petition was filed under Subsection (b). |
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SECTION 3. The change in law made by this Act applies only |
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to an area for which a municipality has not initiated annexation |
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proceedings, as defined by Section 42.0415(a), Local Government |
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Code, as added by this Act, before the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |