Bill Text: TX HB3686 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to allowing certain identifiable communities in the extraterritorial jurisdiction of a municipality to incorporate.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to County Affairs [HB3686 Detail]
Download: Texas-2011-HB3686-Introduced.html
By: Brown | H.B. No. 3686 |
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relating to allowing certain identifiable communities in the | ||
extraterritorial jurisdiction of a municipality to incorporate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.041, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsections (f) and | ||
(g) to read as follows: | ||
(a) Except as provided by Subsection (f), a |
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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. | ||
(f) Subsection (a) does not apply to an identifiable | ||
community located in the extraterritorial jurisdiction of a | ||
home-rule municipality that is a major municipality in the county. | ||
In this subsection, "identifiable community" means a community | ||
that: | ||
(1) has had a United States post office for at least one | ||
hundred years, | ||
(2) has a unique United States Zip Code; | ||
(3) has been an identifiable community in the federal | ||
decennial censuses, on maps issued by the state and federal | ||
governments, or by land plats filed in the office of county clerk | ||
(4) has at least one community service provider or utility | ||
service provider publicly identified with the community, including | ||
but not limited to: | ||
a. a water supply | ||
b. a waste water provider | ||
c. a fire department | ||
d. an independent school district | ||
e. a library or museum | ||
f. a community center | ||
g. a cemetery | ||
h. a fraternal organization | ||
(g) In Subsection (f): | ||
(1) "home-rule municipality" with a population of less than | ||
185,000; and | ||
(2) in which two or more municipalities with a population of | ||
more than 65,000 are wholly located | ||
(3) a major municipality in the county has a population of | ||
more than 65,000 | ||
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, 2011. |