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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing certain identifiable communities in the |
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extraterritorial jurisdiction of a municipality to incorporate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.041, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (f) and |
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(g) to read as follows: |
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(a) Except as provided by Subsection (f), a [A] municipality |
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may not be incorporated in the extraterritorial jurisdiction of an |
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existing municipality unless the governing body of the existing |
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municipality gives its written consent by ordinance or resolution. |
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(f) Subsection (a) does not apply to an identifiable |
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community located in the extraterritorial jurisdiction of a |
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populous municipality that is the predominant municipality in the |
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county. In this subsection, "identifiable community" means a |
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community that: |
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(1) has a post office and a unique zip code; and |
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(2) was identified in the last 10 federal decennial |
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censuses. |
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(g) In Subsection (f): |
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(1) "populous municipality" means a municipality with |
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a population of more than one million; and |
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(2) a municipality is considered to be the predominant |
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municipality in the county only if the municipality has the largest |
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population of the municipalities in the county and no other |
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municipality in the county has a population of more than 50,000. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |