Texas 2015 - 84th Regular

Texas Senate Bill SB2016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lucio S.B. No. 2016
2		-	(In the Senate - Filed March 25, 2015; March 30, 2015, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; May 18, 2015, reported favorably by the following vote:
5		-	Yeas 4, Nays 0; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11		-	relating to limitations on annexation by and extraterritorial
12		-	jurisdiction of certain municipalities.
	6	+	relating to limitations on annexation by, extraterritorial
	7	+	jurisdiction of, and the authority to provide electric service of
	8	+	certain municipalities.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Section 42.023, Local Government Code, is
15	11		amended to read as follows:
16	12		Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
17	13		The extraterritorial jurisdiction of a municipality may not be
18	14		reduced unless the governing body of the municipality gives its
19	15		written consent by ordinance or resolution, except:
20	16		(1) in cases of judicial apportionment of overlapping
21	17		extraterritorial jurisdictions under Section 42.901; [or]
22	18		(2) in accordance with an agreement under Section
23	19		42.022(d); or
24	20		(3) as necessary to comply with Section 42.0235.
25	21		SECTION 2. Subchapter B, Chapter 42, Local Government Code,
26	22		is amended by adding Section 42.0235 to read as follows:
27	23		Sec. 42.0235. LIMITATION ON EXTRATERRITORIAL JURISDICTION
28	24		OF CERTAIN MUNICIPALITIES. (a) Notwithstanding Section 42.021,
29		-	the extraterritorial jurisdiction of a municipality in a county
30		-	that contains an international border and borders the Gulf of
31		-	Mexico terminates two miles from the extraterritorial jurisdiction
32		-	of a neighboring municipality if extension of the extraterritorial
33		-	jurisdiction beyond that limit would:
	25	+	the extraterritorial jurisdiction of a municipality with a
	26	+	population of more than 175,000 located in a county that contains an
	27	+	international border and borders the Gulf of Mexico terminates two
	28	+	miles from the extraterritorial jurisdiction of a neighboring
	29	+	municipality if extension of the extraterritorial jurisdiction
	30	+	beyond that limit would:
34	31		(1) completely surround the corporate boundaries or
35	32		extraterritorial jurisdiction of the neighboring municipality; and
36	33		(2) limit the growth of the neighboring municipality
37	34		by precluding the expansion of the neighboring municipality's
38	35		extraterritorial jurisdiction.
39	36		(b) A municipality shall release extraterritorial
40	37		jurisdiction as necessary to comply with Subsection (a).
	38	+	(c) Notwithstanding any other law, a municipality that owns
	39	+	an electric system and that releases extraterritorial jurisdiction
	40	+	under Subsection (b) may provide electric service in the released
	41	+	area to the same extent that the service would have been provided if
	42	+	the municipality had annexed the area.
41	43		SECTION 3. Subchapter B, Chapter 43, Local Government Code,
42	44		is amended by adding Section 43.037 to read as follows:
43	45		Sec. 43.037. PROHIBITION AGAINST ANNEXATION TO SURROUND
44		-	MUNICIPALITY IN CERTAIN COUNTIES. A municipality in a county that
45		-	contains an international border and borders the Gulf of Mexico may
46		-	not annex an area that would cause another municipality to be
47		-	entirely surrounded by the corporate limits or extraterritorial
	46	+	MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population
	47	+	of more than 175,000 located in a county that contains an
	48	+	international border and borders the Gulf of Mexico may not annex an
	49	+	area that would cause another municipality to be entirely
	50	+	surrounded by the corporate limits or extraterritorial
48	51		jurisdiction of the annexing municipality.
49	52		SECTION 4. The change in law made by Section 43.037, Local
50	53		Government Code, as added by this Act, applies to any annexation,
51	54		including an annexation proposed in an annexation plan under
52	55		Section 43.052, Local Government Code, that is not final before the
53	56		effective date of this Act.
54	57		SECTION 5. This Act takes effect immediately if it receives
55	58		a vote of two-thirds of all the members elected to each house, as
56	59		provided by Section 39, Article III, Texas Constitution. If this
57	60		Act does not receive the vote necessary for immediate effect, this
58	61		Act takes effect September 1, 2015.
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