By Lewis of Orange H.B. No. 2579 77R10326 PAM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to annexation and incorporation procedures relating to 1-3 certain unincorporated communities in certain counties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 43, Local Government Code, is amended by 1-6 adding Subchapter Y to read as follows: 1-7 SUBCHAPTER Y. ANNEXATION AND INCORPORATION PROCEDURES FOR 1-8 CERTAIN UNINCORPORATED COMMUNITIES IN CERTAIN COUNTIES 1-9 Sec. 43.851. DEFINITIONS. In this chapter: 1-10 (1) "Affected county" means Jasper County, Newton 1-11 County, or Orange County. 1-12 (2) "Affected municipality" means a municipality the 1-13 boundaries of which are located in whole or in part in an affected 1-14 county. 1-15 (3) "Extraterritorial jurisdiction" means 1-16 extraterritorial jurisdiction of a municipality as determined under 1-17 Chapter 42. 1-18 (4) "Mauriceville boundary" means the circumference of 1-19 a circle, the center of which is the intersection of the 1-20 rights-of-way of Texas State Highway 62 and Texas State Highway 12, 1-21 and the radius of which is 2-1/2 miles. 1-22 (5) "Mauriceville community" means the area in the 1-23 affected counties consisting of the unincorporated community known 1-24 as Mauriceville. 2-1 (6) "Municipal annexation plan" means an annexation 2-2 plan adopted or amended by an affected municipality under Section 2-3 43.052. 2-4 Sec. 43.852. ANNEXATION PROCEDURES. Notwithstanding Section 2-5 43.052(h), an affected municipality may not annex all or part of 2-6 the area located within the Mauriceville boundary unless the 2-7 affected municipality: 2-8 (1) includes the area in its municipal annexation 2-9 plan; and 2-10 (2) complies with: 2-11 (A) Sections 43.052(a)-(g) and (i)-(j); 2-12 (B) Section 43.853; and 2-13 (C) other provisions of law relating to 2-14 annexation. 2-15 Sec. 43.853. NOTICE: INCLUDING AREA IN PLAN. (a) An 2-16 affected municipality that adopts or amends its municipal 2-17 annexation plan to include all or part of the area located within 2-18 the Mauriceville boundary must comply with this chapter and all 2-19 other requirements of law relating to the adoption or amendment of 2-20 a municipal annexation plan. 2-21 (b) Before the 90th day after the date an affected 2-22 municipality adopts or amends its municipal annexation plan to 2-23 include all or part of the area located within the Mauriceville 2-24 boundary, the municipality shall post a notice of the proposed 2-25 annexation in at least three public places within the Mauriceville 2-26 boundary. The notice must remain posted for at least seven 2-27 consecutive days. The first day of posting must occur before that 3-1 90th day. 3-2 (c) On or before the 90th day after the date an affected 3-3 municipality adopts or amends its municipal annexation plan to 3-4 include all or part of the area located within the Mauriceville 3-5 boundary, the municipality shall publish a notice of the proposed 3-6 annexation in at least two newspapers of general circulation within 3-7 the Mauriceville community. The municipality shall publish a 3-8 second notice in the same manner not less than 7 days and not more 3-9 than 14 days after the first notice is published. 3-10 Sec. 43.854. NOTICE: REMOVING AREA FROM PLAN. (a) An 3-11 affected municipality that adopts or amends its municipal 3-12 annexation plan to remove all or part of the area located within 3-13 the Mauriceville boundary must comply with this chapter and all 3-14 other requirements of law relating to the adoption or amendment of 3-15 a municipal annexation plan. 3-16 (b) Before the 90th day after the date an affected 3-17 municipality adopts or amends its municipal annexation plan to 3-18 remove all or part of the area located within the Mauriceville 3-19 boundary, the municipality shall post a notice of the removal in at 3-20 least three public places within the Mauriceville boundary. The 3-21 notice must remain posted for seven consecutive days. The first 3-22 day of posting must occur before that 90th day. 3-23 (c) On or before the 90th day after the date an affected 3-24 municipality adopts or amends its municipal annexation plan to 3-25 remove all or part of the area located within the Mauriceville 3-26 boundary, the municipality shall publish a notice of the removal in 3-27 at least two newspapers of general circulation within the 4-1 Mauriceville community. The municipality shall publish a second 4-2 notice in the same manner not less than 7 days and not more than 14 4-3 days after the first notice is published. 4-4 Sec. 43.855. INCORPORATION PROCEDURES. (a) Except as 4-5 provided by Subsection (b), if an application or petition to 4-6 incorporate all or part of the area within the Mauriceville 4-7 boundary is filed with the county judge: 4-8 (1) a community may be incorporated within the 4-9 Mauriceville boundary under the procedures prescribed by law; and 4-10 (2) the county judge shall order an incorporation 4-11 election under the procedures prescribed by law. 4-12 (b) If all or part of the area to be incorporated is located 4-13 within the extraterritorial jurisdiction of an affected 4-14 municipality, the affected municipality is considered to have 4-15 consented to the annexation for purposes of Section 42.041(a) on 4-16 the date a petition or application to incorporate the area is filed 4-17 with the county judge of the affected county. The filing of a 4-18 petition or application under this section initiates the 4-19 incorporation proceedings for purposes of Section 42.041(d). The 4-20 incorporation must be finally completed within the period 4-21 prescribed by Section 42.041(d). If the proceedings to incorporate 4-22 the area are not finally completed within the prescribed period, 4-23 the area may not be incorporated without obtaining: 4-24 (1) the express consent of the affected municipality 4-25 as required by Section 42.041(a); or 4-26 (2) consent of the affected municipality in the manner 4-27 provided by Section 42.041(b). 5-1 Sec. 43.856. EXPIRATION DATE. This chapter expires at 5-2 midnight on December 31, 2030. 5-3 SECTION 2. This Act takes effect immediately if it receives 5-4 a vote of two-thirds of all the members elected to each house, as 5-5 provided by Section 39, Article III, Texas Constitution. If this 5-6 Act does not receive the vote necessary for immediate effect, this 5-7 Act takes effect September 1, 2001.