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


Senate Research CenterC.S.S.B. 793
76R9136 CAG-DBy: Nixon
Intergovernmental Relations
3/11/1999
Committee Report (Substituted)


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, C.S.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
meeting the requirements of Subsection (b) to be presented by a certain
date to the annexing municipality's governing body to request release of
all or part of the area to be annexed from the annexation proceeding and
authorization to incorporate all or part of the area to be annexed as a new
municipality or as part of a new municipality.  Requires the petition to be
signed by 100 or more registered voters of certain areas, contain certain
information and make certain statements concerning the area.  Requires the
municipality to release from the annexation proceeding the area described
in the petition and authorize the incorporation of the area as a new
municipality or as part of a new municipality, if the governing body of the
municipality determines the petition is valid.  Requires the persons within
the area to begin the procedures described in this title 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 may attempt to incorporate under Subsection (e). 

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



 SUMMARY OF COMMITTEE CHANGES

SECTION 2. 

Amends Section 42.0415, Chapter 42C, Local Government Code, to authorize a
petition meeting the requirements of Subsection (b) to be presented by a
certain date to the annexing municipality's governing body to request
release of all or part of the area to be annexed, rather than all of the
area, from the annexation proceeding and authorization to incorporate all
or part of the area to be annexed, rather than all of the area, as a new
municipality or as part of a new municipality.  Requires the petition to be
signed by 100 or more registered voters of certain areas, contain certain
information and make certain statements concerning the area.  Requires the
municipality to release from the annexation proceeding the area described
in the petition and authorize the incorporation of the area as a new
municipality or as part of a new municipality, if the governing body of the
municipality determines the petition is valid.  Requires the persons within
the area to begin the procedures described in this title, rather than Title
2, for the municipal incorporation of the area by a certain date.