Bill Text: TX HB2902 | 2011-2012 | 82nd Legislature | Enrolled

Texas House Bill 2902 (Prior Session Legislation)

Bill Title: Relating to the extraterritorial jurisdiction of certain municipalities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective immediately [HB2902 Detail]

Download: Texas-2011-HB2902-Enrolled.html



	H.B. No. 2902




	AN ACT
	relating to the extraterritorial jurisdiction of certain
	municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 42.022, Local Government Code, is
	amended by amending Subsection (c) and adding Subsection (d) to
	read as follows:
	(c) The expansion of the extraterritorial jurisdiction of a
	municipality through annexation, request, or increase in the number
	of inhabitants may not include any area in the existing
	extraterritorial jurisdiction of another municipality, except as
	provided by Subsection (d).
	(d) The extraterritorial jurisdiction of a municipality may
	be expanded through annexation to include area that on the date of
	annexation is located in the extraterritorial jurisdiction of
	another municipality if a written agreement between the
	municipalities in effect on the date of annexation allocates the
	area to the extraterritorial jurisdiction of the annexing
	municipality.
	SECTION 2. Section 42.023, Local Government Code, is
	amended to read as follows:
	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
	The extraterritorial jurisdiction of a municipality may not be
	reduced unless the governing body of the municipality gives its
	written consent by ordinance or resolution, except:
	(1) in cases of judicial apportionment of overlapping
	extraterritorial jurisdictions under Section 42.901; or
	(2) in accordance with an agreement under Section
	42.022(d).
	SECTION 3. Subchapter B, Chapter 42, Local Government Code,
	is amended by adding Section 42.0251 to read as follows:
	Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
	CERTAIN GENERAL-LAW MUNICIPALITIES. (a) This section applies only
	to a general-law municipality:
	(1) that has a population of less than 3,000;
	(2) that is located in a county with a population of
	more than 500,000 that is adjacent to a county with a population of
	more than four million; and
	(3) in which at least two-thirds of the residents
	reside within a gated community.
	(b) A municipality shall release an area from its
	extraterritorial jurisdiction not later than the 10th day after the
	date the municipality receives a petition requesting that the area
	be released that is signed by at least 80 percent of the owners of
	real property located in the area requesting release.
	SECTION 4. 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, 2011.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 2902 was passed by the House on May 4,
	2011, by the following vote: Yeas 140, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 2902 was passed by the Senate on May
	23, 2011, by the following vote: Yeas 30, Nays 0
	.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor