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A BILL TO BE ENTITLED
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AN ACT
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relating to release of an area from and limitations on the expansion |
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of a municipality's extraterritorial jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Local Government Code, is amended by |
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adding Subchapters D and E to read as follows: |
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SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENT |
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FROM EXTRATERRITORIAL JURISDICTION |
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Sec. 42.101. APPLICABILITY. This subchapter does not apply |
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to an area located: |
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(1) within five miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; |
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(2) in an area designated as an industrial district |
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under Section 42.044; or |
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(3) in an area subject to a strategic partnership |
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agreement entered into under Section 43.0751. |
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Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A |
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resident of an area in a municipality's extraterritorial |
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jurisdiction may file a petition with the municipality in |
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accordance with this subchapter for the area to be released from the |
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extraterritorial jurisdiction. |
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(b) The owner or owners of the majority in value of an area |
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consisting of one or more parcels of land in a municipality's |
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extraterritorial jurisdiction may file a petition with the |
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municipality in accordance with this subchapter for the area to be |
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released from the extraterritorial jurisdiction. |
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Sec. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277, |
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Election Code, applies to a petition requesting removal under this |
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subchapter. |
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Sec. 42.104. PETITION REQUIREMENTS. (a) A petition |
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requesting release under this subchapter must be signed by: |
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(1) more than 50 percent of the registered voters of |
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the area described by the petition as of the date of the preceding |
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uniform election; or |
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(2) a majority in value of the holders of title of land |
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in the area described by the petition, as indicated by the tax rolls |
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of the applicable central appraisal district. |
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(b) A person filing a petition under this subchapter must |
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satisfy the signature requirement described by Subsection (a) not |
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later than the 180th day after the date the first signature for the |
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petition is obtained. |
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(c) A signature collected under this section must be in |
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writing. |
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(d) The petition must include a map of the land to be |
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released and describe the boundaries of the land to be released by: |
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(1) metes and bounds; or |
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(2) lot and block number, if there is a recorded map or |
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plat. |
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Sec. 42.105. RESULTS OF PETITION. (a) A petition |
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requesting removal under this subchapter shall be verified by the |
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municipal secretary or other person responsible for verifying |
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signatures. |
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(b) The municipality shall notify the residents and |
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landowners of the area described by the petition of the results of |
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the petition. The municipality may satisfy this requirement by |
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notifying the person who filed the petition under Section 42.102. |
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(c) If a resident or landowner obtains the number of |
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signatures on the petition required under Section 42.104 to release |
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the area from the municipality's extraterritorial jurisdiction, |
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the municipality shall immediately release the area from the |
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municipality's extraterritorial jurisdiction. |
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(d) If a municipality fails to take action to release the |
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area under Subsection (c) by the later of the 45th day after the |
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date the municipality receives the petition or the next meeting of |
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the municipality's governing body that occurs after the 30th day |
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after the date the municipality receives the petition, the area is |
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released by operation of law. |
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(e) Notwithstanding Section 42.021, an area released from a |
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municipality's extraterritorial jurisdiction under this section |
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does not become part of the extraterritorial jurisdiction of |
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another municipality on release, unless the owner or owners of the |
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area request that the area be included in the other municipality's |
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extraterritorial jurisdiction. |
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SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM EXTRATERRITORIAL |
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JURISDICTION |
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Sec. 42.151. APPLICABILITY. This subchapter does not apply |
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to an area located: |
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(1) within five miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; |
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(2) in an area designated as an industrial district |
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under Section 42.044; or |
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(3) in an area subject to a strategic partnership |
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agreement entered into under Section 43.0751. |
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Sec. 42.152. AUTHORITY TO REQUEST ELECTION FOR RELEASE. |
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(a) A resident of an area in a municipality's extraterritorial |
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jurisdiction may request the municipality to hold an election in |
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accordance with this subchapter to vote on the question of whether |
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to release the area from the municipality's extraterritorial |
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jurisdiction by filing with the municipality a petition that |
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includes the signatures of at least five percent of the registered |
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voters residing in the area as of the date of the preceding uniform |
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election date. |
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(b) A resident may not request another election on the |
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question of releasing the same or substantially same area from the |
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municipality's extraterritorial jurisdiction before the second |
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anniversary of the date the municipality receives a petition filed |
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under Subsection (a). |
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(c) The petition must include a map of the land to be |
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released and describe the boundaries of the land to be released by: |
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(1) metes and bounds; or |
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(2) lot and block number, if there is a recorded map or |
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plat. |
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Sec. 42.153. ELECTION. (a) Except as provided by Section |
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42.156, a municipality shall order an election on the question of |
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whether to release an area from the municipality's extraterritorial |
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jurisdiction to be held on the first uniform election date that |
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falls on or after the 90th day after the date the municipality |
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receives a petition that complies with Section 42.152. |
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(b) The municipality shall hold the election ordered under |
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this section in the area described by the petition at which the |
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qualified voters of the area described by the petition may vote on |
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the question of the release. |
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(c) An election ordered under this section must be held in |
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the same manner as general elections of the municipality. The |
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municipality shall pay for the costs of holding the election. |
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Sec. 42.154. RESULTS OF ELECTION. (a) The governing body |
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of a municipality shall canvass the election returns for an |
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election held under this subchapter in accordance with Chapter 67, |
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Election Code. |
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(b) Not later than 48 hours after the canvass of an election |
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held under this subchapter, the municipality shall notify the |
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residents of the area proposed to be released from the |
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municipality's extraterritorial jurisdiction of the results of the |
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election. The municipality may satisfy this requirement by |
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notifying the person who filed the petition under Section 42.152. |
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Sec. 42.155. RELEASE OF AREA AS RESULT OF ELECTION. (a) If |
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at the election held under this subchapter a majority of qualified |
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voters of the area to be released approve the proposed release, the |
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municipality shall immediately release the area from the |
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municipality's extraterritorial jurisdiction. |
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(b) If the municipality fails to take action to release the |
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area under Subsection (a) by the later of the next meeting of the |
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municipality's governing body or the 15th day after the canvass |
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date for the election, the area is released by operation of law. |
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(c) Notwithstanding Section 42.021, an area released from a |
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municipality's extraterritorial jurisdiction under this section |
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does not become part of the extraterritorial jurisdiction of |
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another municipality on release, unless the owner or owners of the |
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area request that the area be included in the other municipality's |
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extraterritorial jurisdiction. |
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Sec. 42.156. VOLUNTARY RELEASE. Instead of holding an |
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election under Section 42.153, the municipality may voluntarily |
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release the area for which the election is to be held from the |
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municipality's extraterritorial jurisdiction before the date on |
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which the election would have been held under Section 42.153(a). |
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SECTION 2. Section 42.021, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) An annexation commenced after January 1, 2023, does not |
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expand the extraterritorial jurisdiction of a municipality unless |
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contemporaneously with the annexation the owner or owners of the |
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area that would be included in the municipality's extraterritorial |
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jurisdiction as a result of the annexation request that the area be |
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included in the municipality's extraterritorial jurisdiction. |
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SECTION 3. Section 242.001, Local Government Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) If an area subject to an agreement under Subsection (c) |
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is removed from a municipality's extraterritorial jurisdiction, |
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the agreement is terminated and the county is the political |
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subdivision authorized to regulate subdivisions in the removed |
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area. |
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SECTION 4. A municipality shall release extraterritorial |
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jurisdiction acquired from an annexation commenced after January 1, |
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2023, as necessary to comply with Section 42.021(e), Local |
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Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |