By: Brown H.B. No. 3686
A BILL TO BE ENTITLED
AN ACT
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 [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.
(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.