1-1 AN ACT
1-2 relating to an exception to the presumption that all appropriate
1-3 persons have given consent to a municipal annexation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.901, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 43.901. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR
1-8 ANNEXATION IS PRESUMED. A municipal ordinance defining boundaries
1-9 of or annexing area to a municipality is conclusively presumed to
1-10 have been adopted with the consent of all appropriate persons,
1-11 except another municipality, if:
1-12 (1) two years have expired after the date of the
1-13 adoption of the ordinance; and
1-14 (2) an action to annul or review the adoption of the
1-15 ordinance has not been initiated in that two-year period.
1-16 SECTION 2. The change in law made by this Act to Section
1-17 43.901, Local Government Code, applies only to a municipal
1-18 ordinance that defines boundaries or annexes an area and that is
1-19 adopted on or after the effective date of this Act. A municipal
1-20 ordinance that defines boundaries or annexes an area and that is
1-21 adopted before the effective date of this Act is governed by the
1-22 law in effect immediately before the effective date of this Act,
1-23 and the former law is continued in effect for that purpose.
1-24 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1264 was passed by the House on March
21, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1264 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor