Bill Text: TX SB615 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the ability of an area proposed to be annexed to incorporate as a new general-law municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-27 - Left pending in committee [SB615 Detail]
Download: Texas-2015-SB615-Introduced.html
84R6485 TJB-D | ||
By: Burton | S.B. No. 615 |
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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 [ |
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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. |