By: Oliveira (Senate Sponsor - Lucio) H.B. No. 4059
(In the Senate - Received from the House May 13, 2015;
May 13, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 24, 2015, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4059 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to limitations on annexation by and 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) as necessary to comply with Section 42.0235.
SECTION 2. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0235 to read as follows:
Sec. 42.0235. LIMITATION ON EXTRATERRITORIAL JURISDICTION
OF CERTAIN MUNICIPALITIES. (a) Notwithstanding Section 42.021, the
extraterritorial jurisdiction of a municipality with a population
of more than 175,000 located in a county that contains an
international border and borders the Gulf of Mexico terminates two
miles from the extraterritorial jurisdiction of a neighboring
municipality if extension of the extraterritorial jurisdiction
beyond that limit would:
(1) completely surround the corporate boundaries or
extraterritorial jurisdiction of the neighboring municipality; and
(2) limit the growth of the neighboring municipality
by precluding the expansion of the neighboring municipality's
extraterritorial jurisdiction.
(b) A municipality shall release extraterritorial
jurisdiction as necessary to comply with Subsection (a).
(c) Notwithstanding any other law, a municipality that owns
an electric system and that releases extraterritorial jurisdiction
under Subsection (b) may provide electric service in the released
area to the same extent that the service would have been provided if
the municipality had annexed the area.
SECTION 3. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.037 to read as follows:
Sec. 43.037. PROHIBITION AGAINST ANNEXATION TO SURROUND
MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population
of more than 175,000 located in a county that contains an
international border and borders the Gulf of Mexico may not annex an
area that would cause another municipality to be entirely
surrounded by the corporate limits or extraterritorial
jurisdiction of the annexing municipality.
SECTION 4. The change in law made by Section 43.037, Local
Government Code, as added by this Act, applies to any annexation,
including an annexation proposed in an annexation plan under
Section 43.052, Local Government Code, that is not final before the
effective date of this Act.
SECTION 5. 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, 2015.
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