By Nixon S.B. No. 793
76R6145 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ability of certain areas located within an area
1-3 proposed for annexation to incorporate as a municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.041(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) Except as provided by Section 42.0415, a [A]
1-8 municipality may not be incorporated in the extraterritorial
1-9 jurisdiction of an existing municipality unless the governing body
1-10 of the existing municipality gives its written consent by ordinance
1-11 or resolution.
1-12 SECTION 2. Subchapter C, Chapter 42, Local Government Code,
1-13 is amended by adding Section 42.0415 to read as follows:
1-14 Sec. 42.0415. INCORPORATION IN LIEU OF ANNEXATION. (a) Not
1-15 later than the 30th day after the date a municipality initiates
1-16 annexation procedures under Chapter 43, a petition signed by 100 or
1-17 more registered voters in any portion of the area to be annexed may
1-18 be presented to the governing body of the annexing municipality to
1-19 request:
1-20 (1) the release of that portion of the area from the
1-21 annexation proceeding; and
1-22 (2) authorization to incorporate the area as a new
1-23 municipality.
1-24 (b) The petition must:
2-1 (1) describe the portion of the area proposed to be
2-2 annexed that the petitioners seek to incorporate as a municipality;
2-3 (2) affirm that the area described:
2-4 (A) contains more than 1,000 residents; and
2-5 (B) is equal to or larger than the minimum
2-6 territorial requirements for the creation of any type of
2-7 general-law municipality; and
2-8 (3) state that the intent of the persons signing the
2-9 petition is to incorporate the described area as a home-rule or
2-10 general-law municipality.
2-11 (c) If the governing body of the municipality determines
2-12 that the petition is valid, the municipality:
2-13 (1) shall release from the annexation proceeding the
2-14 area described in the petition; and
2-15 (2) authorize the incorporation of the area as a
2-16 municipality.
2-17 (d) Not later than the fifth day after the date the
2-18 municipality releases an area from an annexation proceeding, the
2-19 persons within the area shall begin the procedures prescribed by
2-20 Title 2 for the municipal incorporation of the area.
2-21 (e) The incorporation proceeding in the area must be
2-22 completed not later than the first anniversary of the date the
2-23 municipality releases the area from the annexation proceeding.
2-24 (f) If the area described under Subsection (b) is not
2-25 incorporated within the time limits described by Subsection (e),
2-26 the municipality may proceed with the annexation of the area, and
2-27 the residents of the area may not present another petition under
3-1 this section until the fifth anniversary of the date the initial
3-2 petition was filed under Subsection (a).
3-3 (g) Section 43.053 does not apply during the time an area
3-4 may attempt to incorporate under Subsection (e).
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.