84R6485 TJB-D
By: Burton S.B. No. 615
A BILL TO BE ENTITLED
AN ACT
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 [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.
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.