SRC-PNG S.B. 793 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 793
76R6145 CAG-DBy: Nixon
Intergovernmental Relations
3/8/1999
As Filed


DIGEST 

Currently, under Texas law, municipalities may annex areas within their
extraterritorial jurisdiction (ETJ) without the consent of those being
annexed.  In addition, communities within a municipality's 
ETJ are prohibited from incorporating without the permission of the
municipality.  This bill authorizes certain communities within a
municipality's ETJ to incorporate without the municipality's consent. 

PURPOSE

As proposed, S.B. 793 authorizes certain communities within a
municipality's extraterritorial jurisdiction to incorporate without the
municipality's consent. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.041(a), Local Government Code, to prohibit a
municipality from incorporating in the extraterritorial jurisdiction of an
existing municipality without the existing municipality's written consent
by ordinance or resolution, except as provided by Section 42.0415. 

SECTION 2.  Amends Chapter 42C, Local Government Code, by adding Section
42.0415, as follows: 

Sec.  42.0415.  INCORPORATION IN LIEU OF ANNEXATION.  Authorizes a petition
signed by 100 or more registered voters in any portion of an area to be
annexed to be presented by a certain date to the annexing municipality's
governing body to request release of that portion of the area from the
annexation proceeding and authorization to incorporate the area as a new
municipality.  Requires the petition to contain certain information and
make certain statements concerning the area.  Requires the persons within
the area to begin the procedures described in Title 2 for the municipal
incorporation of the area by a certain date.  Requires the incorporation
proceeding in the area to be completed by a certain date. Authorizes the
annexing municipality to proceed with annexation of the area if the area is
not incorporated within the required time limits, and prohibits the
residents of the area from presenting another petition under this section
for a certain period of time.  Provides that Section 43.053 does not apply
during the time an area is attempting to incorporate under Subsection (e). 

SECTION 3.Emergency clause.
Effective date: upon passage.