| 1 | 1 | | 85S10929 TJB-F |
|---|
| 2 | 2 | | By: Bettencourt S.B. No. 89 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the extraterritorial jurisdiction of certain |
|---|
| 8 | 8 | | 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 and not within the |
|---|
| 24 | 24 | | extraterritorial jurisdiction of another municipality. |
|---|
| 25 | 25 | | SECTION 2. Section 42.022, Local Government Code, is |
|---|
| 26 | 26 | | amended by adding Subsection (e) to read as follows: |
|---|
| 27 | 27 | | (e) This section does not apply to a municipality with a |
|---|
| 28 | 28 | | population of 1.8 million or more. |
|---|
| 29 | 29 | | SECTION 3. Section 42.023, Local Government Code, is |
|---|
| 30 | 30 | | amended to read as follows: |
|---|
| 31 | 31 | | Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
|---|
| 32 | 32 | | The extraterritorial jurisdiction of a municipality may not be |
|---|
| 33 | 33 | | reduced unless the governing body of the municipality gives its |
|---|
| 34 | 34 | | written consent by ordinance or resolution, except: |
|---|
| 35 | 35 | | (1) in cases of judicial apportionment of overlapping |
|---|
| 36 | 36 | | extraterritorial jurisdictions under Section 42.901; |
|---|
| 37 | 37 | | (2) in accordance with an agreement under Section |
|---|
| 38 | 38 | | 42.022(d); [or] |
|---|
| 39 | 39 | | (3) as necessary to comply with Section 42.0235; or |
|---|
| 40 | 40 | | (4) as provided by Section 42.021(e). |
|---|
| 41 | 41 | | SECTION 4. Section 42.041, Local Government Code, is |
|---|
| 42 | 42 | | amended by adding Subsection (f) to read as follows: |
|---|
| 43 | 43 | | (f) This section does not apply to an existing municipality |
|---|
| 44 | 44 | | with a population of 1.8 million or more. |
|---|
| 45 | 45 | | SECTION 5. Section 42.902, Local Government Code, is |
|---|
| 46 | 46 | | amended to read as follows: |
|---|
| 47 | 47 | | Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN |
|---|
| 48 | 48 | | EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the |
|---|
| 49 | 49 | | extraterritorial jurisdiction of a municipality does not by itself |
|---|
| 50 | 50 | | authorize the municipality to impose a tax in the area. |
|---|
| 51 | 51 | | (b) A municipality with a population of 1.8 million or more |
|---|
| 52 | 52 | | may not impose a tax in the extraterritorial jurisdiction of the |
|---|
| 53 | 53 | | municipality unless: |
|---|
| 54 | 54 | | (1) the municipality is otherwise authorized by law to |
|---|
| 55 | 55 | | impose the tax in the extraterritorial jurisdiction; and |
|---|
| 56 | 56 | | (2) the municipality provides police and fire |
|---|
| 57 | 57 | | protection within the extraterritorial jurisdiction. |
|---|
| 58 | 58 | | SECTION 6. This Act takes effect December 1, 2017. |
|---|