By: Zerwas (Senate Sponsor - Hegar) H.B. No. 2902
(In the Senate - Received from the House May 5, 2011;
May 10, 2011, read first time and referred to Committee on Economic
Development; May 20, 2011, reported favorably by the following
vote: Yeas 6, Nays 0; May 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the extraterritorial jurisdiction of certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.022, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) The expansion of the extraterritorial jurisdiction of a
municipality through annexation, request, or increase in the number
of inhabitants may not include any area in the existing
extraterritorial jurisdiction of another municipality, except as
provided by Subsection (d).
(d) The extraterritorial jurisdiction of a municipality may
be expanded through annexation to include area that on the date of
annexation is located in the extraterritorial jurisdiction of
another municipality if a written agreement between the
municipalities in effect on the date of annexation allocates the
area to the extraterritorial jurisdiction of the annexing
municipality.
SECTION 2. 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; or
(2) in accordance with an agreement under Section
42.022(d).
SECTION 3. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0251 to read as follows:
Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
CERTAIN GENERAL-LAW MUNICIPALITIES. (a) This section applies only
to a general-law municipality:
(1) that has a population of less than 3,000;
(2) that is located in a county with a population of
more than 500,000 that is adjacent to a county with a population of
more than four million; and
(3) in which at least two-thirds of the residents
reside within a gated community.
(b) A municipality shall release an area from its
extraterritorial jurisdiction not later than the 10th day after the
date the municipality receives a petition requesting that the area
be released that is signed by at least 80 percent of the owners of
real property located in the area requesting release.
SECTION 4. 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.
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