Bill Text: TX SB1108 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to release of an area from a municipality's extraterritorial jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Local Government [SB1108 Detail]
Download: Texas-2023-SB1108-Introduced.html
88R466 SGM-D | ||
By: Middleton | S.B. No. 1108 |
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relating to release of an area from a municipality's | ||
extraterritorial jurisdiction. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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); or | ||
(3) as necessary to comply with Section 42.0235 or | ||
42.103(b). | ||
SECTION 2. Chapter 42, Local Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. RELEASE OF AREA FROM EXTRATERRITORIAL JURISDICTION BY | ||
ELECTION | ||
Sec. 42.101. AUTHORITY TO REQUEST ELECTION FOR RELEASE. | ||
(a) Except as provided by Subsection (b), a resident of an area in a | ||
municipality's extraterritorial jurisdiction may file a petition | ||
to request an election on the question of whether to release the | ||
area from the municipality's extraterritorial jurisdiction. The | ||
petition must include: | ||
(1) the signatures of at least five percent of the | ||
registered voters residing in the area; and | ||
(2) a map and description of the area. | ||
(b) A resident may not request another election on the | ||
question of releasing the same or substantially same area from the | ||
municipality's extraterritorial jurisdiction before the first | ||
anniversary of the date the municipality receives the initial | ||
petition filed under Subsection (a). | ||
Sec. 42.102. ELECTION. (a) A municipality that receives a | ||
petition under Section 42.101 for the release of an area from the | ||
municipality's extraterritorial jurisdiction shall order an | ||
election on the question of whether to release the area to be held | ||
on the first uniform election date that falls on or after the date | ||
the municipality receives the petition. | ||
(b) The municipality shall hold the election ordered under | ||
this section in the area described by the petition. | ||
(c) An election ordered under this section shall be held in | ||
the same manner as general elections of the municipality. The | ||
municipality shall pay for the costs of holding the election. | ||
Sec. 42.103. RESULTS OF ELECTION. (a) Following an | ||
election held under this subchapter, the municipality must notify | ||
the residents of the area proposed to be released from the | ||
municipality's extraterritorial jurisdiction of the results of the | ||
election. | ||
(b) If at the election held under this subchapter a majority | ||
of qualified voters approve the proposed release, the municipality | ||
shall immediately release the area for which the election was held | ||
from the municipality's extraterritorial jurisdiction. | ||
SECTION 3. 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, 2023. |