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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for the incorporation of a |
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municipality in the extraterritorial jurisdiction of certain less |
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populous municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0412 to read as follows: |
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Sec. 42.0412. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL |
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JURISDICTION OF CERTAIN LESS POPULOUS MUNICIPALITIES. (a) This |
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section applies only to an area: |
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(1) that is a census-designated place; |
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(2) that has been incorporated and unincorporated as a |
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municipality at least twice and has retained the same name; |
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(3) that is located in the extraterritorial |
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jurisdiction, or the limited-purpose annexation area, of a |
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home-rule municipality with a population of more than 21,000 and |
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less than 46,000; |
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(4) that is located in a county with a population of |
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800,000 or more that is adjacent to an international border; and |
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(5) for which the home-rule municipality refused to |
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give its consent to incorporation under Section 42.041(a). |
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(b) The residents of any part of the area described by |
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Subsection (a) may initiate an attempt to incorporate as a |
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municipality by filing a written petition signed by at least 10 |
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percent of the registered voters of the area of the proposed |
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municipality with the county judge of the county in which the |
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proposed municipality is located. The petition must request the |
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county judge to order an election to determine whether the area of |
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the proposed municipality will incorporate. An incorporation |
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election under this section shall be conducted in the same manner as |
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the applicable incorporation election under Subtitle A. The |
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consent of the municipality that previously refused to give consent |
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is not required for the incorporation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |