Bill Text: TX HB2003 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the requirements for the incorporation of certain census-designated places as municipalities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-24 - Committee report sent to Calendars [HB2003 Detail]
Download: Texas-2013-HB2003-Comm_Sub.html
| 83R15651 TJB-D | |||
| By: M. Gonzalez of El Paso | H.B. No. 2003 | ||
| Substitute the following for H.B. No. 2003: | |||
| By: Deshotel | C.S.H.B. No. 2003 | ||
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| relating to the requirements for the incorporation of a | ||
| municipality in the extraterritorial jurisdiction of certain less | ||
| populous municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.0412 to read as follows: | ||
| Sec. 42.0412. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL | ||
| JURISDICTION OF CERTAIN LESS POPULOUS MUNICIPALITIES. (a) This | ||
| section applies only to an area: | ||
| (1) that is a census-designated place; | ||
| (2) that has been incorporated and unincorporated as a | ||
| municipality at least twice and has retained the same name; | ||
| (3) that is located in the extraterritorial | ||
| jurisdiction, or the limited-purpose annexation area, of a | ||
| home-rule municipality with a population of more than 21,000 and | ||
| less than 46,000; | ||
| (4) that is located in a county with a population of | ||
| 800,000 or more that is adjacent to an international border; and | ||
| (5) for which the home-rule municipality refused to | ||
| give its consent to incorporation under Section 42.041(a). | ||
| (b) The residents of any part of the area described by | ||
| Subsection (a) may initiate an attempt to incorporate as a | ||
| municipality 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 | ||
| the applicable incorporation election under Subtitle A. The | ||
| consent of the municipality that previously refused to give consent | ||
| is not required for the incorporation. | ||
| SECTION 2. 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, 2013. | ||
