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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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home-rule municipality that is a major municipality in the county. |
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In this subsection, "identifiable community" means a community |
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that: |
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(1) has had a United States post office for at least one |
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hundred years, |
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(2) has a unique United States Zip Code; |
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(3) has been an identifiable community in the federal |
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decennial censuses, on maps issued by the state and federal |
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governments, or by land plats filed in the office of county clerk |
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(4) has at least one community service provider or utility |
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service provider publicly identified with the community, including |
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but not limited to: |
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a. a water supply |
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b. a waste water provider |
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c. a fire department |
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d. an independent school district |
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e. a library or museum |
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f. a community center |
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g. a cemetery |
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h. a fraternal organization |
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(g) In Subsection (f): |
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(1) "home-rule municipality" with a population of less than |
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185,000; and |
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(2) in which two or more municipalities with a population of |
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more than 65,000 are wholly located |
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(3) a major municipality in the county has a population of |
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more than 65,000 |
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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, 2011. |