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. 1-31 * * * * *