| 1 | 1 | | 85R2338 JTS-F |
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| 2 | 2 | | By: Isaac H.B. No. 3156 |
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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 the transfer of extraterritorial jurisdiction between |
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| 8 | 8 | | certain home-rule and general-law municipalities and annexation of |
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| 9 | 9 | | certain territory by the general-law municipalities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 42, Local Government Code, |
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| 12 | 12 | | is amended by adding Section 42.027 to read as follows: |
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| 13 | 13 | | Sec. 42.027. TRANSFER OF EXTRATERRITORIAL JURISDICTION |
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| 14 | 14 | | BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In |
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| 15 | 15 | | this section: |
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| 16 | 16 | | (1) "Accepting municipality" means a Type A |
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| 17 | 17 | | general-law municipality with a population of less than 4,000 |
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| 18 | 18 | | located in a county adjacent to a county in which a releasing |
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| 19 | 19 | | municipality is primarily located. |
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| 20 | 20 | | (2) "Releasing municipality" means a home-rule |
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| 21 | 21 | | municipality with a population of more than 750,000 and less than |
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| 22 | 22 | | one million. |
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| 23 | 23 | | (b) The governing body of an accepting municipality by |
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| 24 | 24 | | resolution or ordinance may include in the accepting municipality's |
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| 25 | 25 | | extraterritorial jurisdiction and exclude from the releasing |
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| 26 | 26 | | municipality's extraterritorial jurisdiction, without the |
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| 27 | 27 | | releasing municipality's consent, an area that is in the |
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| 28 | 28 | | extraterritorial jurisdiction of the releasing municipality if the |
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| 29 | 29 | | area: |
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| 30 | 30 | | (1) is not, as of September 30, 2016, identified for |
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| 31 | 31 | | annexation by the releasing municipality in the releasing |
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| 32 | 32 | | municipality's annexation plan under Section 43.052; and |
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| 33 | 33 | | (2) is contiguous to the accepting municipality's |
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| 34 | 34 | | corporate limits or extraterritorial jurisdiction as of the |
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| 35 | 35 | | effective date of the resolution or ordinance. |
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| 36 | 36 | | (c) The total area that may be transferred from a releasing |
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| 37 | 37 | | municipality's extraterritorial jurisdiction to an accepting |
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| 38 | 38 | | municipality's extraterritorial jurisdiction under this section |
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| 39 | 39 | | may not exceed in size the area contained in the corporate limits of |
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| 40 | 40 | | the accepting municipality as of the date of the transfer. |
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| 41 | 41 | | (d) An accepting municipality that has adopted a resolution |
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| 42 | 42 | | or ordinance under Subsection (b) may annex the following in the |
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| 43 | 43 | | manner provided by Subchapter C, Chapter 43: |
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| 44 | 44 | | (1) any territory located in the accepting |
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| 45 | 45 | | municipality's extraterritorial jurisdiction before January 1, |
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| 46 | 46 | | 2017; and |
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| 47 | 47 | | (2) any area transferred to the accepting |
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| 48 | 48 | | municipality's extraterritorial jurisdiction under this section. |
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| 49 | 49 | | (e) An area to be transferred under this section must be |
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| 50 | 50 | | identified by a map and a metes and bounds description that must be |
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| 51 | 51 | | attached to or included in the resolution or ordinance. The map and |
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| 52 | 52 | | metes and bounds description need not be established by an |
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| 53 | 53 | | on-the-ground survey. |
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| 54 | 54 | | (f) A copy of the resolution or ordinance adopted by the |
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| 55 | 55 | | accepting municipality must be published once in a newspaper of |
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| 56 | 56 | | general circulation within the accepting municipality and once in a |
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| 57 | 57 | | newspaper of general circulation within the releasing municipality |
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| 58 | 58 | | not later than the 30th day after the date the resolution or |
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| 59 | 59 | | ordinance is adopted. If the newspaper in which publication is made |
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| 60 | 60 | | is a newspaper of general circulation in both municipalities, only |
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| 61 | 61 | | one publication of the copy of the resolution or ordinance is |
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| 62 | 62 | | required. |
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| 63 | 63 | | (g) The transfer of extraterritorial jurisdiction |
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| 64 | 64 | | identified in the resolution or ordinance is effective on the 10th |
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| 65 | 65 | | day after the date of publication under Subsection (f). |
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| 66 | 66 | | (h) To the extent of any conflict, this section controls |
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| 67 | 67 | | over another provision of a home-rule charter, this chapter, or |
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| 68 | 68 | | Chapter 43 or any other provision of this code. |
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| 69 | 69 | | (i) A resolution or ordinance adopted under this section and |
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| 70 | 70 | | the relevant provisions of this subchapter may be challenged only |
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| 71 | 71 | | by a quo warranto proceeding initiated by the attorney general. |
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| 72 | 72 | | (j) This section expires December 31, 2023. |
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| 73 | 73 | | SECTION 2. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2017. |
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