82R7787 PAM-D
By: Garza H.B. No. 1883
A BILL TO BE ENTITLED
AN ACT
relating to the release and transfer of extraterritorial
jurisdiction by certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0255 to read as follows:
Sec. 42.0255. RELEASE AND TRANSFER OF EXTRATERRITORIAL
JURISDICTION INVOLVING CERTAIN MUNICIPALITIES. (a) In this
section:
(1) "Adopting municipality" means a municipality
that:
(A) is incorporated in the extraterritorial
jurisdiction of an existing municipality with the consent of the
existing municipality under Section 42.041; and
(B) is completely surrounded by the
extraterritorial jurisdiction of the existing municipality
described by Paragraph (A).
(2) "Releasing municipality" means the existing
municipality described by Subdivision(1)(A).
(b) The governing body of an adopting municipality may by
resolution petition a releasing municipality to release area in the
extraterritorial jurisdiction of the releasing municipality
located contiguous to and within one-half mile of the boundaries
surrounding the adopting municipality. The petition must
sufficiently describe the area to be released to precisely locate
the area on a map.
(c) Not later than the 30th day after the date a releasing
municipality receives a petition under Subsection (b), the
governing body of the releasing municipality, by ordinance or
resolution, shall release the area described by Subsection (b),
except as provided by Subsection (d). The ordinance or resolution
must sufficiently describe the area to precisely locate the area on
a map. If the governing body of the releasing municipality fails or
refuses to release the area within the period prescribed by this
subsection, that failure or refusal constitutes the governing
body's consent to release the area.
(d) A releasing municipality that receives a petition under
Subsection (b) is not required to release any area in the
extraterritorial jurisdiction described by Subsection (b) if the
area:
(1) is annexed for limited purposes;
(2) has been included in the releasing municipality's
municipal annexation plan under Section 43.052 for at least one
year; or
(3) is proposed for annexation and is not required to
be included in a municipal annexation plan under Section 43.052.
(e) On the date the governing body of the releasing
municipality releases the area by ordinance or resolution or by
operation of law as provided by Subsection (c), the released area is
included in the extraterritorial jurisdiction of the adopting
municipality and excluded from the extraterritorial jurisdiction
of the releasing municipality.
(f) The governing body of the adopting municipality shall
confirm the inclusion of the released area in the municipality's
extraterritorial jurisdiction under Subsection (d) by ordinance or
resolution. The ordinance or resolution must sufficiently describe
the area to precisely locate the area on a map. If the releasing
municipality released the area by ordinance or resolution under
Subsection (c), the adopting municipality's ordinance or
resolution must describe the area in the same manner.
(g) An adopting municipality and releasing municipality
under this section shall enter into a memorandum of understanding
to provide for the transition of the application of any municipal
ordinances to the transferred extraterritorial jurisdiction.
SECTION 2. 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.