| 1 | 1 | | 84R6481 PAM-D |
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| 2 | 2 | | By: Burton S.B. No. 456 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing a uniform one-half mile extraterritorial |
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| 8 | 8 | | jurisdiction limit for municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 42.021(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The extraterritorial jurisdiction of a municipality is |
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| 13 | 13 | | the unincorporated area that is contiguous to the corporate |
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| 14 | 14 | | boundaries of the municipality and that is located[: |
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| 15 | 15 | | [(1)] within one-half mile of those boundaries[, in |
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| 16 | 16 | | the case of a municipality with fewer than 5,000 inhabitants; |
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| 17 | 17 | | [(2) within one mile of those boundaries, in the case |
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| 18 | 18 | | of a municipality with 5,000 to 24,999 inhabitants; |
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| 19 | 19 | | [(3) within two miles of those boundaries, in the case |
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| 20 | 20 | | of a municipality with 25,000 to 49,999 inhabitants; |
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| 21 | 21 | | [(4) within 3-1/2 miles of those boundaries, in the |
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| 22 | 22 | | case of a municipality with 50,000 to 99,999 inhabitants; or |
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| 23 | 23 | | [(5) within five miles of those boundaries, in the |
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| 24 | 24 | | case of a municipality with 100,000 or more inhabitants]. |
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| 25 | 25 | | SECTION 2. Section 42.903(b), Local Government Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | (b) The governing body of the municipality by resolution or |
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| 28 | 28 | | ordinance may adopt an extraterritorial jurisdiction for all or |
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| 29 | 29 | | part of the unincorporated area contiguous to the corporate |
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| 30 | 30 | | boundaries of the municipality and located within one-half [one] |
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| 31 | 31 | | mile of those boundaries. The authority granted by this section is |
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| 32 | 32 | | subject to the limitation provided by Section 26.178, Water Code. |
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| 33 | 33 | | SECTION 3. Section 212.001(1), Local Government Code, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | (1) "Extraterritorial jurisdiction" means a |
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| 36 | 36 | | municipality's extraterritorial jurisdiction as determined under |
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| 37 | 37 | | Chapter 42[, except that for a municipality that has a population of |
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| 38 | 38 | | 5,000 or more and is located in a county bordering the Rio Grande |
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| 39 | 39 | | River, "extraterritorial jurisdiction" means the area outside the |
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| 40 | 40 | | municipal limits but within five miles of those limits]. |
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| 41 | 41 | | SECTION 4. Sections 42.021(b), (c), and (d), Local |
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| 42 | 42 | | Government Code, are repealed. |
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| 43 | 43 | | SECTION 5. This Act takes effect September 1, 2015. |
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