HBA-CBW H.B. 2579 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2579
By: Lewis, Ron
Land & Resource Management
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Generally, a municipality may annex an unincorporated area only if the area
is included in the municipality's annexation plan.  House Bill 2579
prohibits a municipality from annexing all or part of the area located
within the Mauriceville boundary unless the municipality includes the area
in its annexation plan. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2579 amends the Local Government Code to prohibit a municipality
located in whole or in part in Jasper, Newton, or Orange County (affected
municipality) from annexing all or part of the area located within the
Mauriceville boundary unless the affected municipality includes the area in
its municipal annexation plan, complies with existing laws requiring a
municipal annexation plan, and complies with the notice requirements set
forth in the Act.   The bill provides that an affected municipality that
adopts or amends its municipal annexation plan to include or remove all or
part of the area located within the Mauriceville boundary must comply with
this Act and other related law.   

The bill sets forth notice requirements for an affected municipality that
adopts or amends its municipal annexation plan to include or remove all or
part of the area located within the Mauriceville boundary. 

The bill sets forth incorporation procedures to provide that, if an
application or petition to incorporate all or part of the area within the
Mauriceville boundary is filed with the county judge, a community may be
incorporated within the Mauriceville boundary as prescribed by law and the
county judge is required to order an incorporation election as prescribed
by law.  If all or part of the area to be incorporated is located within
the extraterritorial jurisdiction of an affected municipality, the bill
provides that the affected municipality is considered to have consented to
the annexation on the date a petition or application to incorporate the
area is filed with the county judge.  The filing of a petition or
application initiates the incorporation proceedings.  If a municipality
fails to complete the incorporation of the area within 18 months after the
date of consent, the area may not be incorporated without obtaining consent
in the manner prescribed by existing law.  The Act expires at midnight on
December 31, 2030. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.