77R8258 MRB-D                           
         By Clark                                              H.B. No. 1264
         Substitute the following for H.B. No. 1264:
         By Mowery                                         C.S.H.B. No. 1264
                                A BILL TO BE ENTITLED
 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.