Bill Text: TX SB2016 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to limitations on annexation by, extraterritorial jurisdiction of, and the authority to provide electric service of certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-05-22 - Referred to Urban Affairs [SB2016 Detail]
Download: Texas-2015-SB2016-Engrossed.html
| By: Lucio | S.B. No. 2016 | |
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| relating to limitations on annexation by, extraterritorial | ||
| jurisdiction of, and the authority to provide electric service of | ||
| certain municipalities. | ||
| 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; [ |
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| (2) in accordance with an agreement under Section | ||
| 42.022(d); or | ||
| (3) as necessary to comply with Section 42.0235. | ||
| SECTION 2. Subchapter B, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.0235 to read as follows: | ||
| Sec. 42.0235. LIMITATION ON EXTRATERRITORIAL JURISDICTION | ||
| OF CERTAIN MUNICIPALITIES. (a) Notwithstanding Section 42.021, | ||
| the extraterritorial jurisdiction of a municipality with a | ||
| population of more than 175,000 located in a county that contains an | ||
| international border and borders the Gulf of Mexico terminates two | ||
| miles from the extraterritorial jurisdiction of a neighboring | ||
| municipality if extension of the extraterritorial jurisdiction | ||
| beyond that limit would: | ||
| (1) completely surround the corporate boundaries or | ||
| extraterritorial jurisdiction of the neighboring municipality; and | ||
| (2) limit the growth of the neighboring municipality | ||
| by precluding the expansion of the neighboring municipality's | ||
| extraterritorial jurisdiction. | ||
| (b) A municipality shall release extraterritorial | ||
| jurisdiction as necessary to comply with Subsection (a). | ||
| (c) Notwithstanding any other law, a municipality that owns | ||
| an electric system and that releases extraterritorial jurisdiction | ||
| under Subsection (b) may provide electric service in the released | ||
| area to the same extent that the service would have been provided if | ||
| the municipality had annexed the area. | ||
| SECTION 3. Subchapter B, Chapter 43, Local Government Code, | ||
| is amended by adding Section 43.037 to read as follows: | ||
| Sec. 43.037. PROHIBITION AGAINST ANNEXATION TO SURROUND | ||
| MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population | ||
| of more than 175,000 located in a county that contains an | ||
| international border and borders the Gulf of Mexico may not annex an | ||
| area that would cause another municipality to be entirely | ||
| surrounded by the corporate limits or extraterritorial | ||
| jurisdiction of the annexing municipality. | ||
| SECTION 4. The change in law made by Section 43.037, Local | ||
| Government Code, as added by this Act, applies to any annexation, | ||
| including an annexation proposed in an annexation plan under | ||
| Section 43.052, Local Government Code, that is not final before the | ||
| effective date of this Act. | ||
| SECTION 5. 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, 2015. | ||
