Texas 2013 - 83rd Regular

Texas House Bill HB397 Compare Versions

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1	1	83R2348 JTS-F
2	2	By: Larson H.B. No. 397
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of extraterritorial jurisdiction between
8	8	certain home-rule and general-law municipalities and annexation of
9	9	certain territory by the general-law municipalities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 42, Local Government Code,
12	12	is amended by adding Section 42.027 to read as follows:
13	13	Sec. 42.027. TRANSFER OF EXTRATERRITORIAL JURISDICTION
14	14	BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In
15	15	this section:
16	16	(1) "Accepting municipality" means a Type A
17	17	general-law municipality with a population of less than 7,500 that
18	18	does not own an electric, gas, or water utility and that is located
19	19	in the same county with at least 75 percent of the incorporated land
20	20	area of a releasing municipality.
21	21	(2) "Releasing municipality" means a home-rule
22	22	municipality with a population of more than 1.3 million that has
23	23	annexed territory for a limited purpose.
24	24	(b) The governing body of an accepting municipality by
25	25	resolution or ordinance may include in the accepting municipality's
26	26	extraterritorial jurisdiction and exclude from the releasing
27	27	municipality's extraterritorial jurisdiction, without the
28	28	releasing municipality's consent, an area that is in the
29	29	extraterritorial jurisdiction of the releasing municipality if the
30	30	area:
31	31	(1) is not, as of September 30, 2012, identified for
32	32	annexation by the releasing municipality in the releasing
33	33	municipality's annexation plan under Section 43.052; and
34	34	(2) is contiguous to the accepting municipality's
35	35	corporate limits or extraterritorial jurisdiction as of the
36	36	effective date of the resolution or ordinance.
37	37	(c) The total area that may be transferred from a releasing
38	38	municipality's extraterritorial jurisdiction to an accepting
39	39	municipality's extraterritorial jurisdiction under this section
40	40	may not exceed in size the area contained in the corporate limits of
41	41	the accepting municipality as of the date of the transfer.
42	42	(d) An accepting municipality that has adopted a resolution
43	43	or ordinance under Subsection (b) may without consent annex the
44	44	following in the manner provided by Subchapter C, Chapter 43:
45	45	(1) any territory located in the accepting
46	46	municipality's extraterritorial jurisdiction before January 1,
47	47	2013; and
48	48	(2) any area transferred to the accepting
49	49	municipality's extraterritorial jurisdiction under this section.
50	50	(e) An area to be transferred under this section must be
51	51	identified by a map and a metes and bounds description that must be
52	52	attached to or included in the resolution or ordinance. The map and
53	53	metes and bounds description need not be established by an
54	54	on-the-ground survey.
55	55	(f) A copy of the resolution or ordinance adopted by the
56	56	accepting municipality must be published once in a newspaper of
57	57	general circulation within the accepting municipality and once in a
58	58	newspaper of general circulation within the releasing municipality
59	59	not later than the 30th day after the date the resolution or
60	60	ordinance is adopted. If the newspaper in which publication is made
61	61	is a newspaper of general circulation in both municipalities, only
62	62	one publication of the copy of the resolution or ordinance is
63	63	required.
64	64	(g) The transfer of extraterritorial jurisdiction
65	65	identified in the resolution or ordinance is effective on the 10th
66	66	day after the date of publication under Subsection (f).
67	67	(h) To the extent of any conflict, this section controls
68	68	over another provision of a home-rule charter, this chapter, or
69	69	Chapter 43 or any other provision of this code.
70	70	(i) A resolution or ordinance adopted under this section and
71	71	the relevant provisions of this subchapter may be challenged only
72	72	by a quo warranto proceeding initiated by the attorney general.
73	73	SECTION 2. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2013.