BILL ANALYSIS
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Generally, a municipality may annex an unincorporated area only if the area is included in the municipality's annexation plan. Subchapter Y of the Local Government Code provides special provisions for annexation and incorporation procedures for certain unincorporated communities in certain counties. C.S.H.B. 1812 addresses sections of the Local Government Code under Subchapter Y.
The purpose of C.S.H.B. 1812 is to prohibit a municipality from annexing all or part of the area located within the Deweyville boundary unless the municipality includes the area in its annexation plan.
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to any state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Section 43.851, Local Government Code, by adding Subdivision (2-a) as follows:
Defines "Affected unincorporated area.".
SECTION 2. Amends Sections 43.852, 43.853, and 43.854, Local Government Code, as follows:
Makes conforming changes.
Requires the municipality to publish notice in at least two newspapers in the Mauriceville community, if the affected unincorporated area is located within the Mauriceville boundary.
SECTION 3. Makes conforming changes.
SECTION 4. Effective Date.
EFFECTIVE DATE
Effective Date is September 1, 2005 or immediately if approved by two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
COMPARISON OF ORIGINAL TO SUBSTITUTE
SECTION 1. The Substitute clarifies the language defining "Affected unincorporated
area".