1-1     By:  Clark (Senate Sponsor - Shapiro)                 H.B. No. 1264
 1-2           (In the Senate - Received from the House March 22, 2001;
 1-3     March 26, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 4, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 4, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an exception to the presumption that all appropriate
 1-9     persons have given consent to a municipal annexation.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 43.901, Local Government Code, is amended
1-12     to read as follows:
1-13           Sec. 43.901.  CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR
1-14     ANNEXATION IS PRESUMED. A municipal ordinance defining boundaries
1-15     of or annexing area to a municipality is conclusively presumed to
1-16     have been adopted with the consent of all appropriate persons,
1-17     except another municipality, if:
1-18                 (1)  two years have expired after the date of the
1-19     adoption of the ordinance; and
1-20                 (2)  an action to annul or review the adoption of the
1-21     ordinance has not been initiated in that two-year period.
1-22           SECTION 2. The change in law made by this Act to Section
1-23     43.901, Local Government Code, applies only to a municipal
1-24     ordinance that defines boundaries or annexes an area and that is
1-25     adopted on or after the effective date of this Act.  A municipal
1-26     ordinance that defines boundaries or annexes an area and that is
1-27     adopted before the effective date of this Act is governed by the
1-28     law in effect immediately before the effective date of this Act,
1-29     and the former law is continued in effect for that purpose.
1-30           SECTION 3.  This Act takes effect September 1, 2001.
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