| 1 | 1 | | 85R10937 PAM-D |
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| 2 | 2 | | By: Schofield H.B. No. 3495 |
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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 release of extraterritorial jurisdiction by certain |
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| 8 | 8 | | populous municipalities for certain purposes, including municipal |
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| 9 | 9 | | incorporation. |
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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 42.0252 to read as follows: |
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| 13 | 13 | | Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION BY |
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| 14 | 14 | | CERTAIN POPULOUS MUNICIPALITIES FOR CERTAIN PURPOSES. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Adopting municipality" means a municipality the |
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| 17 | 17 | | extraterritorial jurisdiction of which is less than the designated |
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| 18 | 18 | | distance that would otherwise be applied under Section 42.021 |
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| 19 | 19 | | because the extraterritorial jurisdiction of a releasing |
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| 20 | 20 | | municipality was previously established. |
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| 21 | 21 | | (2) "Releasing municipality" means a municipality |
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| 22 | 22 | | with a population of 1.8 million or more. |
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| 23 | 23 | | (b) A releasing municipality shall release an area from its |
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| 24 | 24 | | extraterritorial jurisdiction and an adopting municipality shall |
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| 25 | 25 | | include the area in its extraterritorial jurisdiction if: |
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| 26 | 26 | | (1) the adopting municipality receives: |
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| 27 | 27 | | (A) a petition that: |
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| 28 | 28 | | (i) is signed by a majority of the |
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| 29 | 29 | | registered voters of the area that requests the municipality to |
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| 30 | 30 | | annex the area; and |
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| 31 | 31 | | (ii) includes a metes and bounds |
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| 32 | 32 | | description of the area to be annexed; and |
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| 33 | 33 | | (B) the releasing municipality receives: |
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| 34 | 34 | | (i) a resolution from the adopting |
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| 35 | 35 | | municipality that states the adopting municipality's intention to |
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| 36 | 36 | | annex the area described in the petition under Paragraph (A) by |
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| 37 | 37 | | consent of the voters of the area; and |
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| 38 | 38 | | (ii) a copy of the petition described under |
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| 39 | 39 | | Paragraph (A); and |
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| 40 | 40 | | (2) the boundaries of the adopting municipality are |
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| 41 | 41 | | located contiguous to the area and within the designated distance |
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| 42 | 42 | | applicable to that municipality under Section 42.021. |
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| 43 | 43 | | (c) A releasing municipality shall release the area |
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| 44 | 44 | | described under Subsection (b)(1)(A)(ii) not later than the 30th |
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| 45 | 45 | | day after the date the municipality receives the documents |
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| 46 | 46 | | described by Subsection (b)(1)(B) from a municipality that |
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| 47 | 47 | | satisfies the conditions of Subsection (b)(2). |
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| 48 | 48 | | (d) The annexation of an area described under Subsection |
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| 49 | 49 | | (b)(1)(A)(ii) by the adopting municipality must be completed on or |
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| 50 | 50 | | before the first anniversary of the date the releasing municipality |
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| 51 | 51 | | releases the area or the release of the area from that |
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| 52 | 52 | | municipality's extraterritorial jurisdiction is void. |
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| 53 | 53 | | SECTION 2. Section 42.041, Local Government Code, is |
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| 54 | 54 | | amended by adding Subsection (f) to read as follows: |
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| 55 | 55 | | (f) This section does not apply if the existing municipality |
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| 56 | 56 | | is a municipality with a population of 1.8 million or more. |
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| 57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2017. |
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