Texas 2011 82nd Regular

Texas House Bill HB91 Introduced / Bill

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                    82R1945 PAM-D
 By: Cook H.B. No. 91


 A BILL TO BE ENTITLED
 AN ACT
 relating to the extent of extraterritorial jurisdiction for certain
 municipalities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 42.021(a), Local Government Code, is
 amended to read as follows:
 (a)  The extraterritorial jurisdiction of a municipality is
 the unincorporated area that is contiguous to the corporate
 boundaries of the municipality and that is located:
 (1)  within one-half mile of those boundaries, in the
 case of a municipality with fewer than 5,000 inhabitants;
 (2)  within one mile of those boundaries, in the case of
 a municipality with 5,000 to 24,999 inhabitants;
 (3)  within three [two] miles of those boundaries, in
 the case of a municipality with 25,000 to 49,999 inhabitants;
 (4)  within 3-1/2 miles of those boundaries, in the
 case of a municipality with 50,000 to 99,999 inhabitants; or
 (5)  within five miles of those boundaries, in the case
 of a municipality with 100,000 or more inhabitants.
 SECTION 2.  Subchapter Z, Chapter 42, Local Government Code,
 is amended by adding Section 42.9011 to read as follows:
 Sec. 42.9011.  APPORTIONMENT OF EXTRATERRITORIAL
 JURISDICTIONS OF CERTAIN MUNICIPALITIES THAT OVERLAPPED ON
 SEPTEMBER 1, 2011. (a) If, on September 1, 2011, the expanded
 extraterritorial jurisdiction that a municipality received under
 Section 42.021(a)(3) overlapped the expanded extraterritorial
 jurisdiction that one or more other municipalities received on that
 date under Section 42.021(a)(3), the governing bodies of the
 affected municipalities may apportion the overlapped area in the
 same manner as provided by Section 42.901.
 (b)  The expansion of the extraterritorial jurisdiction of a
 municipality under Section 42.021(a)(3) may not include any area in
 the existing extraterritorial jurisdiction of another
 municipality.
 (c)  In applying Section 42.901(c) for purposes of this
 section, the date of September 1, 2011, is substituted for August
 23, 1963.
 SECTION 3.  This Act takes effect September 1, 2011.