Bill Text: TX SB1384 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the incorporation of a municipality in the extraterritorial jurisdiction of an existing municipality.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to Intergovernmental Relations [SB1384 Detail]

Download: Texas-2019-SB1384-Introduced.html

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86R3528 SMT-D
By: Campbell, et al. S.B. No. 1384

A BILL TO BE ENTITLED
AN ACT
relating to the incorporation of a municipality in the
extraterritorial jurisdiction of an existing municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 42.043(a) and (c), Local Government
Code, are amended to read as follows:
(a) A petition under Section [42.041 or] 42.042 must:
(1) be written;
(2) request that [the area be annexed or that] the
services be made available[, as appropriate];
(3) be signed in ink or indelible pencil by the
appropriate voters and landowners;
(4) be signed, in the case of a person signing as a
voter, as the person's name appears on the most recent official list
of registered voters;
(5) contain, in the case of a person signing as a
voter, a note made by the person stating the person's residence
address and the precinct number and voter registration number that
appear on the person's voter registration certificate;
(6) contain, in the case of a person signing as a
landowner, a note made by the person opposite the person's name
stating the approximate total acreage that the person owns in the
area to be [annexed or] serviced;
(7) describe the area to be [annexed or] serviced and
have a plat of the area attached; and
(8) be presented to the secretary or clerk of the
municipality.
(c) Before the petition is circulated among the voters and
landowners, notice of the petition must be given by posting a copy
of the petition for 10 days in three public places in the area to be
[annexed or] serviced and by publishing the notice once, in a
newspaper of general circulation serving the area, before the 15th
day before the date the petition is first circulated. Proof of
posting and publication must be made by attaching to the petition
presented to the secretary or clerk:
(1) the affidavit of any voter who signed the
petition, stating the places and dates of the posting;
(2) the affidavit of the publisher of the newspaper in
which the notice was published, stating the name of the newspaper
and the issue and date of publication; and
(3) the affidavit of at least three voters who signed
the petition, if there are that many, stating the total number of
voters residing in the area and the approximate total acreage in the
area.
SECTION 2. Section 43.0753(k), Local Government Code, is
amended to read as follows:
(k) Notwithstanding any defect, ambiguity, discrepancy,
invalidity, or unenforceability of a regional development
agreement that has been voluntarily entered into and fully executed
by the parties thereto, or any contrary law, common law doctrine, or
municipal charter provision, and for the duration of any annexation
deferral period established in the regional development agreement
during which a district continues to perform its obligations under
the regional development agreement:
(1) Section [Sections] 42.023 does [and 42.041(b)-(e)
do] not apply to any land or owner of land within a district that is
a party to the regional development agreement; and
(2) the governing body of the municipality may not
include the area covered by the regional development agreement in a
municipal annexation plan and may not initiate or continue an
annexation proceeding relating to that area after the effective
date of this section.
SECTION 3. Section 43.0754(m), Local Government Code, is
amended to read as follows:
(m) Notwithstanding any defect, ambiguity, discrepancy,
invalidity, or unenforceability of a regional participation
agreement that has been voluntarily entered into and fully executed
by the parties, or any contrary law, common law doctrine, or
municipal charter provision, and for the duration of any annexation
deferral period established in the agreement during which a
district continues to perform its obligations under the agreement:
(1) Section 42.023 and any other law or municipal
charter provision relating to the reduction of the extraterritorial
jurisdiction of an eligible municipality that is a party do not
apply[, and Sections 42.041(b)-(e) do not apply] to any land or
owner of land within a district that is a party;
(2) the governing body of an eligible municipality
that is a party may not initiate or continue an annexation
proceeding relating to that area but may include the area covered by
the agreement in a municipal annexation plan; and
(3) any area that is to be released from the
extraterritorial jurisdiction of an eligible municipality that is a
party under an agreement, or that is to be incorporated or included
within an alternate form of government with the consent of a
municipality that is a party under an agreement, shall, by
operation of law and without further action by a party or its
governing body, be released from the extraterritorial
jurisdiction, or consent of the municipality to the incorporation
or adoption of an alternate form of government by the district shall
be deemed to have been given, as appropriate under the agreement, at
the time or upon the occurrence of the events specified in the
agreement.
SECTION 4. Section 43.855, Local Government Code, is
amended to read as follows:
Sec. 43.855. INCORPORATION PROCEDURES. If [(a) Except as
provided by Subsection (b), if] an application or petition to
incorporate all or part of an affected unincorporated area is filed
with the county judge:
(1) a community may be incorporated within the
affected unincorporated area under the procedures prescribed by
law; and
(2) the county judge shall order an incorporation
election under the procedures prescribed by law.
[(b) If all or part of the area to be incorporated is located
within the extraterritorial jurisdiction of an affected
municipality, the affected municipality is considered to have
consented to the annexation for purposes of Section 42.041(a) on
the date a petition or application to incorporate the area is filed
with the county judge of the affected county. The filing of a
petition or application under this section initiates the
incorporation proceedings for purposes of Section 42.041(d). The
incorporation must be finally completed within the period
prescribed by Section 42.041(d). If the proceedings to incorporate
the area are not finally completed within the prescribed period,
the area may not be incorporated without obtaining:
[(1) the express consent of the affected municipality
as required by Section 42.041(a); or
[(2) consent of the affected municipality in the
manner provided by Section 42.041(b).]
SECTION 5. Sections 42.041, 42.0411, and 42.047, Local
Government Code, are repealed.
SECTION 6. Section 43.0753, Local Government Code, as
amended by this Act, applies only to a regional development
agreement entered into under that section on or after the effective
date of this Act. A regional development agreement entered into
before the effective date of this Act is governed by the law in
effect on the date the agreement is entered into, and that law is
continued in effect for that purpose.
SECTION 7. Section 43.0754, Local Government Code, as
amended by this Act, applies only to a regional participation
agreement entered into under that section on or after the effective
date of this Act. A regional participation agreement entered into
before the effective date of this Act is governed by the law in
effect on the date the agreement is entered into, and that law is
continued in effect for that purpose.
SECTION 8. 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, 2019.