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
A BILL TO BE ENTITLED
AN ACT
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.