85R10937 PAM-D
By: Schofield H.B. No. 3495
A BILL TO BE ENTITLED
AN ACT
relating to the release of extraterritorial jurisdiction by certain
populous municipalities for certain purposes, including municipal
incorporation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0252 to read as follows:
Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
CERTAIN POPULOUS MUNICIPALITIES FOR CERTAIN PURPOSES. (a) In this
section:
(1) "Adopting municipality" means a municipality the
extraterritorial jurisdiction of which is less than the designated
distance that would otherwise be applied under Section 42.021
because the extraterritorial jurisdiction of a releasing
municipality was previously established.
(2) "Releasing municipality" means a municipality
with a population of 1.8 million or more.
(b) A releasing municipality shall release an area from its
extraterritorial jurisdiction and an adopting municipality shall
include the area in its extraterritorial jurisdiction if:
(1) the adopting municipality receives:
(A) a petition that:
(i) is signed by a majority of the
registered voters of the area that requests the municipality to
annex the area; and
(ii) includes a metes and bounds
description of the area to be annexed; and
(B) the releasing municipality receives:
(i) a resolution from the adopting
municipality that states the adopting municipality's intention to
annex the area described in the petition under Paragraph (A) by
consent of the voters of the area; and
(ii) a copy of the petition described under
Paragraph (A); and
(2) the boundaries of the adopting municipality are
located contiguous to the area and within the designated distance
applicable to that municipality under Section 42.021.
(c) A releasing municipality shall release the area
described under Subsection (b)(1)(A)(ii) not later than the 30th
day after the date the municipality receives the documents
described by Subsection (b)(1)(B) from a municipality that
satisfies the conditions of Subsection (b)(2).
(d) The annexation of an area described under Subsection
(b)(1)(A)(ii) by the adopting municipality must be completed on or
before the first anniversary of the date the releasing municipality
releases the area or the release of the area from that
municipality's extraterritorial jurisdiction is void.
SECTION 2. Section 42.041, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) This section does not apply if the existing municipality
is a municipality with a population of 1.8 million or more.
SECTION 3. 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, 2017.