Texas 2011 - 82nd Regular

Texas House Bill HB2902 Compare Versions

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1	1	By: Zerwas (Senate Sponsor - Hegar) H.B. No. 2902
2	2	(In the Senate - Received from the House May 5, 2011;
3	3	May 10, 2011, read first time and referred to Committee on Economic
4	4	Development; May 20, 2011, reported favorably by the following
5	5	vote: Yeas 6, Nays 0; May 20, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the extraterritorial jurisdiction of certain
11	11	municipalities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 42.022, Local Government Code, is
14	14	amended by amending Subsection (c) and adding Subsection (d) to
15	15	read as follows:
16	16	(c) The expansion of the extraterritorial jurisdiction of a
17	17	municipality through annexation, request, or increase in the number
18	18	of inhabitants may not include any area in the existing
19	19	extraterritorial jurisdiction of another municipality, except as
20	20	provided by Subsection (d).
21	21	(d) The extraterritorial jurisdiction of a municipality may
22	22	be expanded through annexation to include area that on the date of
23	23	annexation is located in the extraterritorial jurisdiction of
24	24	another municipality if a written agreement between the
25	25	municipalities in effect on the date of annexation allocates the
26	26	area to the extraterritorial jurisdiction of the annexing
27	27	municipality.
28	28	SECTION 2. Section 42.023, Local Government Code, is
29	29	amended to read as follows:
30	30	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
31	31	The extraterritorial jurisdiction of a municipality may not be
32	32	reduced unless the governing body of the municipality gives its
33	33	written consent by ordinance or resolution, except:
34	34	(1) in cases of judicial apportionment of overlapping
35	35	extraterritorial jurisdictions under Section 42.901; or
36	36	(2) in accordance with an agreement under Section
37	37	42.022(d).
38	38	SECTION 3. Subchapter B, Chapter 42, Local Government Code,
39	39	is amended by adding Section 42.0251 to read as follows:
40	40	Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
41	41	CERTAIN GENERAL-LAW MUNICIPALITIES. (a) This section applies only
42	42	to a general-law municipality:
43	43	(1) that has a population of less than 3,000;
44	44	(2) that is located in a county with a population of
45	45	more than 500,000 that is adjacent to a county with a population of
46	46	more than four million; and
47	47	(3) in which at least two-thirds of the residents
48	48	reside within a gated community.
49	49	(b) A municipality shall release an area from its
50	50	extraterritorial jurisdiction not later than the 10th day after the
51	51	date the municipality receives a petition requesting that the area
52	52	be released that is signed by at least 80 percent of the owners of
53	53	real property located in the area requesting release.
54	54	SECTION 4. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2011.
59	59	* * * * *