| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
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. |