79R13673 PAM-D


By:  Hamilton                                                     H.B. No. 1812



A BILL TO BE ENTITLED

AN ACT

relating to annexation and incorporation procedures for certain 
unincorporated areas in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.851, Local Government Code, is 
amended by adding Subdivision (2-a) to read as follows:
		(2-a)  "Affected unincorporated area" means the 
unincorporated area located within the circumference of a circle, 
the center of which is the intersection of State Highways 87 and 12 
in Newton County, and the radius of which is six miles.
	SECTION 2.  Sections 43.852, 43.853, and 43.854, Local 
Government Code, are amended to read as follows:
	Sec. 43.852.  ANNEXATION PROCEDURES.  Notwithstanding 
Section 43.052(h), an affected municipality may not annex all or 
part of an affected unincorporated [the] area [located within the 
Mauriceville boundary] unless the affected municipality:
		(1)  includes the affected unincorporated area in its 
municipal annexation plan; and
		(2)  complies with:                                                           
			(A)  Sections 43.052(a)-(g) and (i)-(j);                                     
			(B)  Section 43.853; and                                                     
			(C)  other provisions of law relating to 
annexation.                       
	Sec. 43.853.  NOTICE:  INCLUDING AREA IN PLAN.  (a)  An 
affected municipality that adopts or amends its municipal 
annexation plan to include all or part of an affected 
unincorporated [the] area [located within the Mauriceville 
boundary] must comply with this chapter and all other requirements 
of law relating to the adoption or amendment of a municipal 
annexation plan.
	(b)  Before the 90th day after the date an affected 
municipality adopts or amends its municipal annexation plan to 
include all or part of the affected unincorporated area [located 
within the Mauriceville boundary], the municipality shall post a 
notice of the proposed annexation in at least three public places 
within the affected unincorporated area [Mauriceville boundary].  
The notice must remain posted for at least seven consecutive days.  
The first day of posting must occur before that 90th day.
	(c)  On or before the 90th day after the date an affected 
municipality adopts or amends its municipal annexation plan to 
include all or part of the affected unincorporated area [located 
within the Mauriceville boundary], the municipality shall publish a 
notice of the proposed annexation in at least two newspapers of 
general circulation within the affected unincorporated area
[Mauriceville community].  The municipality shall publish a second 
notice in the same manner not less than 7 days and not more than 14 
days after the first notice is published.  If the affected 
unincorporated area is located within the Mauriceville boundary, 
the municipality shall publish the notice as provided by this 
subsection in at least two newspapers of general circulation within 
the Mauriceville community.
	Sec. 43.854.  NOTICE:  REMOVING AREA FROM PLAN.  (a)  An 
affected municipality that adopts or amends its municipal 
annexation plan to remove all or part of an affected unincorporated
[the] area [located within the Mauriceville boundary] must comply 
with this chapter and all other requirements of law relating to the 
adoption or amendment of a municipal annexation plan.
	(b)  Before the 90th day after the date an affected 
municipality adopts or amends its municipal annexation plan to 
remove all or part of the affected unincorporated area [located 
within the Mauriceville boundary], the municipality shall post a 
notice of the removal in at least three public places within the 
affected unincorporated area [Mauriceville boundary].  The notice 
must remain posted for seven consecutive days.  The first day of 
posting must occur before that 90th day.
	(c)  On or before the 90th day after the date an affected 
municipality adopts or amends its municipal annexation plan to 
remove all or part of the affected unincorporated area [located 
within the Mauriceville boundary], the municipality shall publish a 
notice of the removal in at least two newspapers of general 
circulation within the affected unincorporated area [Mauriceville 
community].  The municipality shall publish a second notice in the 
same manner not less than 7 days and not more than 14 days after the 
first notice is published.  If the affected unincorporated area is 
located within the Mauriceville boundary, the municipality shall 
publish the notice as provided by this subsection in at least two 
newspapers of general circulation within the Mauriceville 
community.
	SECTION 3.  Section 43.855(a), Local Government Code, is 
amended to read as follows:
	(a)  Except as provided by Subsection (b), if an application 
or petition to incorporate all or part of an affected 
unincorporated [the] area [within the Mauriceville boundary] is 
filed with the county judge:
		(1)  a community may be incorporated within the 
affected unincorporated area [Mauriceville boundary] under the 
procedures prescribed by law; and
		(2)  the county judge shall order an incorporation 
election under the procedures prescribed by law.
	SECTION 4.  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.