1-1 By: Nixon S.B. No. 793
1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 18, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 1;
1-6 March 18, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 793 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the ability of certain areas located within an area
1-11 proposed for annexation to incorporate as a municipality.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 42.041, Local Government
1-14 Code, is amended to read as follows:
1-15 (a) Except as provided by Section 42.0415, a [A]
1-16 municipality may not be incorporated in the extraterritorial
1-17 jurisdiction of an existing municipality unless the governing body
1-18 of the existing municipality gives its written consent by ordinance
1-19 or resolution.
1-20 SECTION 2. Subchapter C, Chapter 42, Local Government Code,
1-21 is amended by adding Section 42.0415 to read as follows:
1-22 Sec. 42.0415. INCORPORATION IN LIEU OF ANNEXATION. (a) Not
1-23 later than the 10th day after the date a municipality holds the
1-24 second public hearing required by Section 43.052, a petition that
1-25 meets the requirements of Subsection (b) may be presented to the
1-26 governing body of the annexing municipality to request:
1-27 (1) the release of all or part of the area to be
1-28 annexed from the annexation proceeding; and
1-29 (2) authorization to incorporate all or part of the
1-30 area to be annexed as a new municipality or as part of a new
1-31 municipality.
1-32 (b) The petition must:
1-33 (1) be signed by 100 or more registered voters:
1-34 (A) of the portion of the area to be annexed
1-35 requesting release and incorporation under Subsection (a); or
1-36 (B) if the portion of the area to be annexed
1-37 requesting release and incorporation under Subsection (a) is part
1-38 of a larger area generally recognized as a neighborhood,
1-39 subdivision, or planned community, of any portion of the larger
1-40 area;
1-41 (2) describe the portion of the area proposed to be
1-42 annexed that the petitioners seek to incorporate as a new
1-43 municipality or as part of a new municipality;
1-44 (3) affirm that the area described by Subdivision (2):
1-45 (A) contains more than 2,500 residents; and
1-46 (B) is equal to or larger than the minimum
1-47 territorial requirements for the creation of any type of
1-48 general-law municipality; and
1-49 (4) state that the intent of the persons signing the
1-50 petition is to incorporate the described area as a new municipality
1-51 or as part of a new municipality.
1-52 (c) If the governing body of the municipality determines
1-53 that the petition is valid, the municipality shall:
1-54 (1) release from the annexation proceeding the area
1-55 described in the petition; and
1-56 (2) authorize the incorporation of the area as a new
1-57 municipality or as part of a new municipality.
1-58 (d) Not later than the fifth day after the date the
1-59 municipality releases an area from an annexation proceeding, the
1-60 persons within the released area shall begin the procedures
1-61 prescribed by this title for the municipal incorporation of the
1-62 area.
1-63 (e) The incorporation proceeding in the area must be
1-64 completed not later than the first anniversary of the date the
2-1 municipality releases the area from the annexation proceeding.
2-2 (f) If the area described under Subsection (b) is not
2-3 incorporated within the time limits described by Subsection (e),
2-4 the municipality may proceed with the annexation of the area, and
2-5 the residents of the area may not present another petition under
2-6 this section until the fifth anniversary of the date the initial
2-7 petition was filed under Subsection (a).
2-8 (g) Section 43.053 does not apply during the time an area
2-9 may attempt to incorporate under Subsection (e).
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.
2-17 * * * * *