| 1 | 1 | | By: Schofield H.B. No. 69 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the extraterritorial jurisdiction of and municipal |
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| 7 | 7 | | annexation by certain municipalities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 42.021, Local Government Code, is |
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| 10 | 10 | | amended by adding Subsection (e) to read as follows: |
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| 11 | 11 | | (e) This subsection applies only to a municipality with a |
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| 12 | 12 | | population of 1.8 million or more. For the purpose of determining |
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| 13 | 13 | | the extraterritorial jurisdiction of a municipality to which this |
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| 14 | 14 | | subsection applies, only the territory of the municipality within |
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| 15 | 15 | | the defined boundaries of the municipality that is receiving full |
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| 16 | 16 | | municipal police and fire protection services is considered to be |
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| 17 | 17 | | within the corporate boundaries of the municipality. The |
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| 18 | 18 | | extraterritorial jurisdiction of the municipality is the |
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| 19 | 19 | | unincorporated area that is located within five miles of the |
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| 20 | 20 | | corporate boundaries of the municipality as determined under this |
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| 21 | 21 | | subsection, provided that the unincorporated area is contiguous to |
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| 22 | 22 | | the defined boundaries of the municipality and not within the |
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| 23 | 23 | | extraterritorial jurisdiction of another municipality. |
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| 24 | 24 | | SECTION 2. Section 42.022, Local Government Code, is |
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| 25 | 25 | | amended by adding Subsection (e) to read as follows: |
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| 26 | 26 | | (e) This section does not apply to a municipality with a |
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| 27 | 27 | | population of 1.8 million or more. |
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| 28 | 28 | | SECTION 3. Section 42.023, Local Government Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
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| 31 | 31 | | The extraterritorial jurisdiction of a municipality may not be |
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| 32 | 32 | | reduced unless the governing body of the municipality gives its |
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| 33 | 33 | | written consent by ordinance or resolution, except: |
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| 34 | 34 | | (1) in cases of judicial apportionment of overlapping |
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| 35 | 35 | | extraterritorial jurisdictions under Section 42.901; |
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| 36 | 36 | | (2) in accordance with an agreement under Section |
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| 37 | 37 | | 42.022(d); [or] |
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| 38 | 38 | | (3) as necessary to comply with Section 42.0235; or |
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| 39 | 39 | | (4) as provided by Section 42.021(e) or 43.038. |
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| 40 | 40 | | SECTION 4. Section 42.041, Local Government Code, is |
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| 41 | 41 | | amended by adding Subsection (f) to read as follows: |
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| 42 | 42 | | (f) This section does not apply to an existing municipality |
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| 43 | 43 | | with a population of 1.8 million or more. |
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| 44 | 44 | | SECTION 5. Section 42.902, Local Government Code, is |
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| 45 | 45 | | amended to read as follows: |
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| 46 | 46 | | Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN |
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| 47 | 47 | | EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the |
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| 48 | 48 | | extraterritorial jurisdiction of a municipality does not by itself |
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| 49 | 49 | | authorize the municipality to impose a tax in the area. |
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| 50 | 50 | | (b) A municipality with a population of 1.8 million or more |
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| 51 | 51 | | may not impose a tax in the extraterritorial jurisdiction of the |
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| 52 | 52 | | municipality unless: |
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| 53 | 53 | | (1) the municipality is otherwise authorized by law to |
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| 54 | 54 | | impose the tax in the extraterritorial jurisdiction; and |
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| 55 | 55 | | (2) the municipality provides police and fire |
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| 56 | 56 | | protection within the extraterritorial jurisdiction. |
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| 57 | 57 | | SECTION 6. This Act takes effect December 1, 2017. |
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