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Texas Statutes (Last Updated: January 4, 2014) |
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LOCAL GOVERNMENT CODE |
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Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT |
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Subtitle C. MUNICIPAL BOUNDARIES AND ANNEXATION |
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Chapter 43. MUNICIPAL ANNEXATION |
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Subchapter Y. ANNEXATION AND INCORPORATION PROCEDURES FOR CERTAIN UNINCORPORATED COMMUNITIES IN CERTAIN COUNTIES |
Sec. 43.855. INCORPORATION PROCEDURES
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(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).