By: Bell H.B. No. 3141
A BILL TO BE ENTITLED
AN ACT
relating to relating to the extraterritorial jurisdiction 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; [or]
(2) in accordance with an agreement under Section
42.022(d); or
(3) in accordance with Section 42.0252.
SECTION 2. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0252 to read as follows:
Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
CERTAIN MUNICIPALITIES. (a) This section applies only to a
landowner whose property is located within:
(1) a county with a population of more than 40,000, and
less than 60,000; and
(2) the extraterritorial jurisdiction of a
municipality that has a population of more than 1,800,000.
(b) A landowner may provide notice to a municipality that
the landowner's property shall be released from the municipality's
extraterritorial jurisdiction. Upon the municipality's receipt of
such notice, the landowner's property shall be immediately released
from the municipality's extraterritorial jurisdiction for all
purposes.
(c) The notice of release shall be sufficient if it is
signed by the record owner of the property and describes the
property to be released by:
(i) a metes and bounds survey certified by a
licensed state land surveyor or a registered professional land
surveyor;
(ii) the Texas State Plane Coordinate
System;
(iii) verifiable landmarks, including a
road, creek, or railroad line; or
(iv) if a recorded plat of the area exists,
lot and block number.
SECTION 3. 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, 2013.