HBA-CBW C.S.H.B. 2579 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2579 By: Lewis, Ron Land & Resource Management 3/30/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Generally, a municipality may annex an unincorporated area only if the area is included in the municipality's annexation plan. C.S.H.B. 2579 prohibits a municipality from annexing all or part of the area located within the Mauriceville boundary unless the municipality includes the area in its annexation plan. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2579 amends the Local Government Code to prohibit a municipality located in whole or in part in Jasper, Newton, or Orange County (affected municipality) from annexing all or part of the area located within the Mauriceville boundary unless the affected municipality includes the area in its municipal annexation plan, complies with existing laws requiring a municipal annexation plan, and complies with the notice requirements set forth in the Act. The bill provides that an affected municipality that adopts or amends its municipal annexation plan to include or remove all or part of the area located within the Mauriceville community must comply with this Act and other related law. The bill sets forth notice requirements for an affected municipality that adopts or amends its municipal annexation plan to include or remove all or part of the area located within the Mauriceville boundary. The bill sets forth incorporation procedures to provide that, if an application or petition to incorporate all or part of the area within the Mauriceville boundary is filed with the county judge, a community may be incorporated within the Mauriceville boundary as prescribed by law and the county judge is required to order an incorporation election as prescribed by law. If all or part of the area to be incorporated is located within the extraterritorial jurisdiction of an affected municipality, the bill provides that the affected municipality is considered to have consented to the annexation on the date a petition or application to incorporate the area is filed with the county judge. The filing of a petition or application initiates the incorporation proceedings. If the proceedings to incorporate the area are not finally completed within the prescribed period, the area may not be incorporated without obtaining consent in the manner prescribed by existing law. The Act expires at midnight on December 31, 2030. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2579 differs from the original bill to provide that a "municipal annexation plan" includes an annexation plan adopted or amended, rather than adopted, by an affected municipality. The substitute also differs from the original bill by requiring the municipality to publish notice of the annexation in at least two newspapers of general circulation within the Mauriceville community, rather than within the Mauriceville boundary.