By:  Corte                                                        H.B. No. 585



A BILL TO BE ENTITLED

AN ACT

relating to the requirements for the incorporation of a 
municipality in the extraterritorial jurisdiction of certain 
existing municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 42.041, Local Government 
Code, is amended to read as follows:
	Sec. 42.041.  MUNICIPAL INCORPORATION IN EXTRATERRITORIAL 
JURISDICTION GENERALLY.
	SECTION 2.  Subchapter C, Chapter 42, Local Government Code, 
is amended by adding Section 42.0411 to read as follows:
	Sec. 42.0411.  MUNICIPAL INCORPORATION IN EXTRATERRITORIAL 
JURISDICTION OF CERTAIN MUNICIPALITIES.  (a)  This section applies 
only to an area:
		(1)  that is included in the extraterritorial 
jurisdiction, or the limited-purpose annexation area, of an 
existing municipality with a population of one million or more that 
has operated under a three-year annexation plan similar to the 
municipal annexation plan described by Section 43.052 for at least 
10 years;
		(2)  that has not been included in the existing 
municipality's annexation plan before the 180th day before the date 
consent for incorporation is requested under Section 42.041(a); and
		(3)  for which the existing municipality refused to 
give its consent to incorporation under Section 42.041(a).
	(b)  The residents of the area of the proposed municipality 
may initiate an attempt to incorporate by filing a written petition 
signed by at least 10 percent of the registered voters of the area 
of the proposed municipality with the county judge of the county in 
which the proposed municipality is located.  The petition must 
request the county judge to order an election to determine whether 
the area of the proposed municipality will incorporate.  An 
incorporation election under this section shall be conducted in the 
same manner as an incorporation election under Subchapter A, 
Chapter 8.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.