1-1     By:  Lewis of Orange (Senate Sponsor - Bernsen)       H.B. No. 2579
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to annexation and incorporation procedures relating to
1-10     certain unincorporated communities in certain counties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Chapter 43, Local Government Code, is amended by
1-13     adding Subchapter Y to read as follows:
1-14         SUBCHAPTER Y.  ANNEXATION AND INCORPORATION PROCEDURES FOR
1-15           CERTAIN UNINCORPORATED COMMUNITIES IN CERTAIN COUNTIES
1-16           Sec. 43.851.  DEFINITIONS. In this chapter:
1-17                 (1)  "Affected county" means Jasper County, Newton
1-18     County, or Orange County.
1-19                 (2)  "Affected municipality" means a municipality the
1-20     boundaries of which are located in whole or in part in an affected
1-21     county.
1-22                 (3)  "Extraterritorial jurisdiction" means
1-23     extraterritorial jurisdiction of a municipality as determined under
1-24     Chapter 42.
1-25                 (4)  "Mauriceville boundary" means the circumference of
1-26     a circle, the center of which is the intersection of the
1-27     rights-of-way of Texas State Highway 62 and Texas State Highway 12,
1-28     and the radius of which is 2-1/2 miles.
1-29                 (5)  "Mauriceville community" means the area in the
1-30     affected counties consisting of the unincorporated community known
1-31     as Mauriceville.
1-32                 (6)  "Municipal annexation plan" means an annexation
1-33     plan adopted or amended by an affected municipality under Section
1-34     43.052.
1-35           Sec. 43.852.  ANNEXATION PROCEDURES. Notwithstanding Section
1-36     43.052(h), an affected municipality may not annex all or part of
1-37     the area located within the Mauriceville boundary unless the
1-38     affected municipality:
1-39                 (1)  includes the area in its municipal annexation
1-40     plan; and
1-41                 (2)  complies with:
1-42                       (A)  Sections 43.052(a)-(g) and (i)-(j);
1-43                       (B)  Section 43.853; and
1-44                       (C)  other provisions of law relating to
1-45     annexation.
1-46           Sec. 43.853.  NOTICE:  INCLUDING AREA IN PLAN. (a)  An
1-47     affected municipality that adopts or amends its municipal
1-48     annexation plan to include all or part of the area located within
1-49     the Mauriceville boundary must comply with this chapter and all
1-50     other requirements of law relating to the adoption or amendment of
1-51     a municipal annexation plan.
1-52           (b)  Before the 90th day after the date an affected
1-53     municipality adopts or amends its municipal annexation plan to
1-54     include all or part of the area located within the Mauriceville
1-55     boundary, the municipality shall post a notice of the proposed
1-56     annexation in at least three public places within the Mauriceville
1-57     boundary.  The notice must remain posted for at least seven
1-58     consecutive days.  The first day of posting must occur before that
1-59     90th day.
1-60           (c)  On or before the 90th day after the date an affected
1-61     municipality adopts or amends its municipal annexation plan to
1-62     include all or part of the area located within the Mauriceville
1-63     boundary, the municipality shall publish a notice of the proposed
1-64     annexation in at least two newspapers of general circulation within
 2-1     the Mauriceville community.  The municipality shall publish a
 2-2     second notice in the same manner not less than 7 days and not more
 2-3     than 14 days after the first notice is published.
 2-4           Sec. 43.854.  NOTICE:  REMOVING AREA FROM PLAN. (a)  An
 2-5     affected municipality that adopts or amends its municipal
 2-6     annexation plan to remove all or part of the area located within
 2-7     the Mauriceville boundary must comply with this chapter and all
 2-8     other requirements of law relating to the adoption or amendment of
 2-9     a municipal annexation plan.
2-10           (b)  Before the 90th day after the date an affected
2-11     municipality adopts or amends its municipal annexation plan to
2-12     remove all or part of the area located within the Mauriceville
2-13     boundary, the municipality shall post a notice of the removal in at
2-14     least three public places within the Mauriceville boundary.  The
2-15     notice must remain posted for seven consecutive days.  The first
2-16     day of posting must occur before that 90th day.
2-17           (c)  On or before the 90th day after the date an affected
2-18     municipality adopts or amends its municipal annexation plan to
2-19     remove all or part of the area located within the Mauriceville
2-20     boundary, the municipality shall publish a notice of the removal in
2-21     at least two newspapers of general circulation within the
2-22     Mauriceville community. The municipality shall publish a second
2-23     notice in the same manner not less than 7 days and not more than 14
2-24     days after the first notice is published.
2-25           Sec. 43.855.  INCORPORATION PROCEDURES. (a)  Except as
2-26     provided by Subsection (b), if an application or petition to
2-27     incorporate all or part of the area within the Mauriceville
2-28     boundary is filed with the county judge:
2-29                 (1)  a community may be incorporated within the
2-30     Mauriceville boundary under the procedures prescribed by law; and
2-31                 (2)  the county judge shall order an incorporation
2-32     election under the procedures prescribed by law.
2-33           (b)  If all or part of the area to be incorporated is located
2-34     within the extraterritorial jurisdiction of an affected
2-35     municipality, the affected municipality is considered to have
2-36     consented to the annexation for purposes of Section 42.041(a) on
2-37     the date a petition or application to incorporate the area is filed
2-38     with the county judge of the affected county.  The filing of a
2-39     petition or application under this section initiates the
2-40     incorporation proceedings for purposes of Section 42.041(d).  The
2-41     incorporation must be finally completed within the period
2-42     prescribed by Section 42.041(d).  If the proceedings to incorporate
2-43     the area are not finally completed within the prescribed period,
2-44     the area may not be incorporated without obtaining:
2-45                 (1)  the express consent of the affected municipality
2-46     as required by Section 42.041(a); or
2-47                 (2)  consent of the affected municipality in the manner
2-48     provided by Section 42.041(b).
2-49           Sec. 43.856.  EXPIRATION DATE. This chapter expires at
2-50     midnight on December 31, 2030.
2-51           SECTION 2.  This Act takes effect immediately if it receives
2-52     a vote of two-thirds of all the members elected to each house, as
2-53     provided by Section 39, Article III, Texas Constitution.  If this
2-54     Act does not receive the vote necessary for immediate effect, this
2-55     Act takes effect September 1, 2001.
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