Bill Text: TX HB69 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the extraterritorial jurisdiction of and municipal annexation by certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-08-02 - Left pending in committee [HB69 Detail]
Download: Texas-2017-HB69-Introduced.html
| By: Schofield | H.B. No. 69 | |
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| relating to the extraterritorial jurisdiction of and municipal | ||
| annexation by certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 42.021, Local Government Code, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (e) This subsection applies only to a municipality with a | ||
| population of 1.8 million or more. For the purpose of determining | ||
| the extraterritorial jurisdiction of a municipality to which this | ||
| subsection applies, only the territory of the municipality within | ||
| the defined boundaries of the municipality that is receiving full | ||
| municipal police and fire protection services is considered to be | ||
| within the corporate boundaries of the municipality. The | ||
| extraterritorial jurisdiction of the municipality is the | ||
| unincorporated area that is located within five miles of the | ||
| corporate boundaries of the municipality as determined under this | ||
| subsection, provided that the unincorporated area is contiguous to | ||
| the defined boundaries of the municipality and not within the | ||
| extraterritorial jurisdiction of another municipality. | ||
| SECTION 2. Section 42.022, Local Government Code, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (e) This section does not apply to a municipality with a | ||
| population of 1.8 million or more. | ||
| SECTION 3. 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; | ||
| (2) in accordance with an agreement under Section | ||
| 42.022(d); [ |
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| (3) as necessary to comply with Section 42.0235; or | ||
| (4) as provided by Section 42.021(e) or 43.038. | ||
| SECTION 4. Section 42.041, Local Government Code, is | ||
| amended by adding Subsection (f) to read as follows: | ||
| (f) This section does not apply to an existing municipality | ||
| with a population of 1.8 million or more. | ||
| SECTION 5. Section 42.902, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN | ||
| EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the | ||
| extraterritorial jurisdiction of a municipality does not by itself | ||
| authorize the municipality to impose a tax in the area. | ||
| (b) A municipality with a population of 1.8 million or more | ||
| may not impose a tax in the extraterritorial jurisdiction of the | ||
| municipality unless: | ||
| (1) the municipality is otherwise authorized by law to | ||
| impose the tax in the extraterritorial jurisdiction; and | ||
| (2) the municipality provides police and fire | ||
| protection within the extraterritorial jurisdiction. | ||
| SECTION 6. This Act takes effect December 1, 2017. | ||
