By Lewis of Orange                                    H.B. No. 2579
         77R7228 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 by an affected municipality under Section 43.052.
 2-3           Sec. 43.852.  ANNEXATION PROCEDURES. Notwithstanding Section
 2-4     43.052(h), an affected municipality may not annex all or part of
 2-5     the area located within the Mauriceville boundary unless the
 2-6     affected municipality:
 2-7                 (1)  includes the area in its municipal annexation
 2-8     plan; and
 2-9                 (2)  complies with:
2-10                       (A)  Sections 43.052(a)-(g) and (i)-(j); and
2-11                       (B)  Section 43.853.
2-12           Sec. 43.853.  NOTICE:  INCLUDING AREA IN PLAN. (a)  An
2-13     affected municipality that adopts or amends its municipal
2-14     annexation plan to include all or part of the area located within
2-15     the Mauriceville boundary must comply with this chapter and all
2-16     other requirements of law relating to the adoption or amendment of
2-17     a municipal annexation plan.
2-18           (b)  Before the 90th day after the date an affected
2-19     municipality adopts or amends its municipal annexation plan to
2-20     include all or part of the area located within the Mauriceville
2-21     boundary, the municipality shall post a notice of the proposed
2-22     annexation in at least three public places within the Mauriceville
2-23     boundary.  The notice must remain posted for at least seven
2-24     consecutive days.  The first day of posting must occur before that
2-25     90th day.
2-26           (c)  On or before the 90th day after the date an affected
2-27     municipality adopts or amends its municipal annexation plan to
 3-1     include all or part of the area located within the Mauriceville
 3-2     boundary, the municipality shall publish a notice of the proposed
 3-3     annexation in at least two newspapers of general circulation within
 3-4     the Mauriceville boundary.  The municipality shall publish a second
 3-5     notice in the same manner not less than 7 days and not more than 14
 3-6     days after the first notice is published.
 3-7           Sec. 43.854.  NOTICE:  REMOVING AREA FROM PLAN. (a)  An
 3-8     affected municipality that adopts or amends its municipal
 3-9     annexation plan to remove all or part of the area located within
3-10     the Mauriceville boundary must comply with this chapter and all
3-11     other requirements of law relating to the adoption or amendment of
3-12     a municipal annexation plan.
3-13           (b)  Before the 90th day after the date an affected
3-14     municipality adopts or amends its municipal annexation plan to
3-15     remove all or part of the area located within the Mauriceville
3-16     boundary, the municipality shall post a notice of the removal in at
3-17     least three public places within the Mauriceville boundary.  The
3-18     notice must remain posted for seven consecutive days.  The first
3-19     day of posting must occur before that 90th day.
3-20           (c)  On or before the 90th day after the date an affected
3-21     municipality adopts or amends its municipal annexation plan to
3-22     remove all or part of the area located within the Mauriceville
3-23     boundary, the municipality shall publish a notice of the removal in
3-24     at least two newspapers of general circulation within the
3-25     Mauriceville boundary.  The municipality shall publish a second
3-26     notice in the same manner not less than 7 days and not more than 14
3-27     days after the first notice is published.
 4-1           Sec. 43.855.  INCORPORATION PROCEDURES. (a)  Except as
 4-2     provided by Subsection (b), if an application or petition to
 4-3     incorporate all or part of the area within the Mauriceville
 4-4     boundary is filed with the county judge:
 4-5                 (1)  a community may be incorporated within the
 4-6     Mauriceville boundary under the procedures prescribed by law; and
 4-7                 (2)  the county judge shall order an incorporation
 4-8     election under the procedures prescribed by law.
 4-9           (b)  If all or part of the area to be incorporated is located
4-10     within the extraterritorial jurisdiction of an affected
4-11     municipality, the affected municipality is considered to have
4-12     consented to the annexation for purposes of Section 42.041(a) on
4-13     the date a petition or application to incorporate the area is filed
4-14     with the county judge of the affected county.  The filing of a
4-15     petition or application under this section initiates the
4-16     incorporation proceedings for purposes of Section 42.041(d).  The
4-17     incorporation must be finally completed within the period
4-18     prescribed by Section 42.041(d).  If a municipality fails to
4-19     finally complete the incorporation of the area within the
4-20     prescribed period, the area may not be incorporated without
4-21     obtaining:
4-22                 (1)  the express consent of the affected municipality
4-23     as required by Section 42.041(a); or
4-24                 (2)  consent of the affected municipality in the manner
4-25     provided by Section 42.041(b).
4-26           Sec. 43.856.  EXPIRATION DATE. This chapter expires at
4-27     midnight on December 31, 2030.
 5-1           SECTION 2.  This Act takes effect immediately if it receives
 5-2     a vote of two-thirds of all the members elected to each house, as
 5-3     provided by Section 39, Article III, Texas Constitution.  If this
 5-4     Act does not receive the vote necessary for immediate effect, this
 5-5     Act takes effect September 1, 2001.