77R10326 PAM-F
By Lewis of Orange H.B. No. 2579
Substitute the following for H.B. No. 2579:
By Mowery C.S.H.B. No. 2579
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.