| 1 | 1 | | 83R22794 TJB-F |
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| 2 | 2 | | By: M. Gonzalez of El Paso H.B. No. 2003 |
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| 3 | 3 | | Substitute the following for H.B. No. 2003: |
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| 4 | 4 | | By: Deshotel C.S.H.B. No. 2003 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the requirements for the incorporation of certain |
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| 10 | 10 | | census-designated places as municipalities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 42, Local Government Code, |
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| 13 | 13 | | is amended by adding Section 42.0412 to read as follows: |
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| 14 | 14 | | Sec. 42.0412. MUNICIPAL INCORPORATION OF CERTAIN |
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| 15 | 15 | | CENSUS-DESIGNATED PLACES. (a) This section applies only to an |
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| 16 | 16 | | area: |
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| 17 | 17 | | (1) that is a census-designated place; |
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| 18 | 18 | | (2) that has been incorporated and unincorporated as a |
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| 19 | 19 | | municipality at least twice and has retained the same name; |
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| 20 | 20 | | (3) that is located in a county with a population of |
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| 21 | 21 | | 800,000 or more that is adjacent to an international border; and |
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| 22 | 22 | | (4) for which a home-rule municipality has refused to |
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| 23 | 23 | | give its consent to incorporation under Section 42.041(a). |
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| 24 | 24 | | (b) The residents of any part of the area described by |
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| 25 | 25 | | Subsection (a) may initiate an attempt to incorporate as a |
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| 26 | 26 | | municipality by filing a written petition signed by at least 10 |
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| 27 | 27 | | percent of the registered voters of the area of the proposed |
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| 28 | 28 | | municipality with the county judge of the county in which the |
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| 29 | 29 | | proposed municipality is located. The petition must request the |
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| 30 | 30 | | county judge to order an election to determine whether the area of |
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| 31 | 31 | | the proposed municipality will incorporate. An incorporation |
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| 32 | 32 | | election under this section shall be conducted in the same manner as |
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| 33 | 33 | | the applicable incorporation election under Subtitle A. The |
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| 34 | 34 | | consent of the municipality that previously refused to give consent |
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| 35 | 35 | | is not required for the incorporation. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2013. |
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