Texas 2017 - 85th Regular

Texas Senate Bill SB1259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3388 TSR-D
2	2	By: Bettencourt S.B. No. 1259
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the extraterritorial jurisdiction of and municipal
8	8	annexation by certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.021, Local Government Code, is
11	11	amended by adding Subsection (e) to read as follows:
12	12	(e) This subsection applies only to a municipality with a
13	13	population of 1.8 million or more. For the purpose of determining
14	14	the extraterritorial jurisdiction of a municipality to which this
15	15	subsection applies, only the territory of the municipality within
16	16	the defined boundaries of the municipality that is receiving full
17	17	municipal police and fire protection services is considered to be
18	18	within the corporate boundaries of the municipality. The
19	19	extraterritorial jurisdiction of the municipality is the
20	20	unincorporated area that is located within five miles of the
21	21	corporate boundaries of the municipality as determined under this
22	22	subsection, provided that the unincorporated area is contiguous to
23	23	the defined boundaries of the municipality.
24	24	SECTION 2. Section 42.022, Local Government Code, is
25	25	amended by adding Subsection (e) to read as follows:
26	26	(e) This section does not apply to a municipality with a
27	27	population of 1.8 million or more.
28	28	SECTION 3. Section 42.023, Local Government Code, is
29	29	amended to read as follows:
30	30	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
31	31	The extraterritorial jurisdiction of a municipality may not be
32	32	reduced unless the governing body of the municipality gives its
33	33	written consent by ordinance or resolution, except:
34	34	(1) in cases of judicial apportionment of overlapping
35	35	extraterritorial jurisdictions under Section 42.901;
36	36	(2) in accordance with an agreement under Section
37	37	42.022(d); [or]
38	38	(3) as necessary to comply with Section 42.0235; or
39	39	(4) as provided by Section 42.021(e) or 43.038.
40	40	SECTION 4. Section 42.041, Local Government Code, is
41	41	amended by adding Subsection (f) to read as follows:
42	42	(f) This section does not apply to a municipality with a
43	43	population of 1.8 million or more.
44	44	SECTION 5. Section 42.902, Local Government Code, is
45	45	amended to read as follows:
46	46	Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN
47	47	EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the
48	48	extraterritorial jurisdiction of a municipality does not by itself
49	49	authorize the municipality to impose a tax in the area.
50	50	(b) A municipality with a population of 1.8 million or more
51	51	may not impose a tax in the extraterritorial jurisdiction of the
52	52	municipality unless:
53	53	(1) the municipality is otherwise authorized by law to
54	54	impose the tax in the extraterritorial jurisdiction; and
55	55	(2) the municipality provides police and fire
56	56	protection within the extraterritorial jurisdiction.
57	57	SECTION 6. Subchapter B, Chapter 43, Local Government Code,
58	58	is amended by adding Section 43.038 to read as follows:
59	59	Sec. 43.038. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF
60	60	CERTAIN MUNICIPALITIES. (a) This section applies only to a
61	61	municipality with a population of 1.8 million or more.
62	62	(b) Notwithstanding any provision of law, including
63	63	Sections 42.021 and 43.056, and subject to Subsection (c):
64	64	(1) on September 1, 2022, the area located in the
65	65	extraterritorial jurisdiction of a municipality to which this
66	66	section applies is released from the municipality's
67	67	extraterritorial jurisdiction;
68	68	(2) beginning on September 1, 2022, a municipality to
69	69	which this section applies:
70	70	(A) does not have and may not acquire
71	71	extraterritorial jurisdiction over any area; and
72	72	(B) is prohibited from annexing any area; and
73	73	(3) not later than September 1, 2022, a municipality
74	74	to which this section applies must:
75	75	(A) provide or cause the provision of full
76	76	municipal services as defined by Section 43.056(c), including
77	77	police and fire protection, to all areas annexed by the
78	78	municipality; or
79	79	(B) disannex any area in which the municipality
80	80	is not providing or causing the provision of full municipal
81	81	services.
82	82	(c) A provision of Subsection (b) applies only to the extent
83	83	that the application of the provision does not impair an obligation
84	84	under the provision of a contract or other agreement.
85	85	(d) A municipality to which this section applies may not
86	86	enter into or renew a contract or other agreement after September 1,
87	87	2017, that would create an obligation that would be impaired by a
88	88	provision of Subsection (b).
89	89	SECTION 7. This Act takes effect September 1, 2017.