84R6485 TJB-D
 
  By: Galindo H.B. No. 2669
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ability of an area proposed to be annexed to
  incorporate as a new general-law municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.041(a), Local Government Code, is
  amended to read as follows:
         (a)  Except as provided by Section 42.0415, a [A]
  municipality may not be incorporated in the extraterritorial
  jurisdiction of an existing municipality unless the governing body
  of the existing municipality gives its written consent by ordinance
  or resolution.
         SECTION 2.  Subchapter C, Chapter 42, Local Government Code,
  is amended by adding Section 42.0415 to read as follows:
         Sec. 42.0415.  INCORPORATION AS GENERAL-LAW MUNICIPALITY OF
  AREA PROPOSED FOR ANNEXATION. (a) For the purpose of this section,
  the date annexation proceedings are initiated for an area is the
  date that:
               (1)  the area is included in an annexation plan under
  Section 43.052;
               (2)  the notice of the first public hearing required by
  Section 43.063 is published; or
               (3)  the notice of the first public hearing required by
  Section 43.124 is published if the area is proposed to be annexed
  for limited purposes.
         (b)  Not later than the 30th day after the date a
  municipality initiates annexation proceedings, a petition that
  meets the requirements of Subsection (c) may be presented to the
  governing body of the annexing municipality to request:
               (1)  the release of all or part of the area to be
  annexed from the annexation proceeding; and
               (2)  authorization to incorporate all or part of the
  area to be annexed as a new general-law municipality.
         (c)  The petition must:
               (1)  be signed by a number of registered voters of the
  area requesting release and incorporation under Subsection (b)
  equal to or greater than the number of voters required to apply or
  petition for incorporation under Chapter 6, 7, or 8 as the type of
  general-law municipality intended to be created;
               (2)  describe the portion of the area proposed to be
  annexed that the petitioners seek to incorporate as a new
  municipality;
               (3)  affirm that the area described by Subdivision (2):
                     (A)  contains at least the number of residents
  required for the creation of the type of general-law municipality
  intended to be created; and
                     (B)  is equal to or larger than the minimum
  territorial requirements for the creation of the type of
  general-law municipality intended to be created;
               (4)  state that the intent of the persons signing the
  petition is to incorporate the described area as a new general-law
  municipality; and
               (5)  state the type of general-law municipality
  intended to be created.
         (d)  If the governing body determines that the petition is
  valid, the municipality shall:
               (1)  release from the annexation proceeding the area
  described in the petition; and
               (2)  authorize the incorporation of the area as a new
  general-law municipality or as part of a new general-law
  municipality.
         (e)  Not later than the 90th day after the date the
  municipality releases an area from an annexation proceeding, the
  persons within the released area must begin the procedures
  prescribed by this title for the municipal incorporation of the
  area.
         (f)  The incorporation proceeding in the area must be
  completed not later than the first anniversary of the date the
  municipality releases the area from the annexation proceeding.
         (g)  If the area described under Subsection (c) is not
  incorporated within the time limits described by Subsection (f),
  the municipality may proceed with the annexation of the area, and
  the residents of the area may not present another petition under
  this section until the fifth anniversary of the date the initial
  petition was filed under Subsection (b).
         SECTION 3.  The change in law made by this Act applies only
  to an area for which a municipality has not initiated annexation
  proceedings, as defined by Section 42.0415(a), Local Government
  Code, as added by this Act, before the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2015.