Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB90 Compare Versions

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

Old	New	Differences
1	1	85S10355 TJB-D
2	2	By: Bettencourt S.B. No. 90
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 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) or 43.038.
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. Subchapter B, Chapter 43, Local Government Code,
59	59	is amended by adding Section 43.038 to read as follows:
60	60	Sec. 43.038. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF
61	61	CERTAIN MUNICIPALITIES. (a) This section applies only to a
62	62	municipality with a population of 1.8 million or more.
63	63	(b) Notwithstanding any provision of law, including
64	64	Sections 42.021 and 43.056, and subject to Subsection (c):
65	65	(1) on December 1, 2022, the area located in the
66	66	extraterritorial jurisdiction of a municipality to which this
67	67	section applies is released from the municipality's
68	68	extraterritorial jurisdiction;
69	69	(2) beginning on December 1, 2022, a municipality to
70	70	which this section applies:
71	71	(A) does not have and may not acquire
72	72	extraterritorial jurisdiction over any area; and
73	73	(B) is prohibited from annexing any area; and
74	74	(3) not later than December 1, 2022, a municipality to
75	75	which this section applies must:
76	76	(A) provide or cause the provision of full
77	77	municipal services as defined by Section 43.056(c), including
78	78	police and fire protection, to all areas annexed by the
79	79	municipality; or
80	80	(B) disannex any area in which the municipality
81	81	is not providing or causing the provision of full municipal
82	82	services.
83	83	(c) A provision of Subsection (b) applies only to the extent
84	84	that the application of the provision does not impair an obligation
85	85	under the provision of a contract or other agreement.
86	86	(d) A municipality to which this section applies may not
87	87	enter into or renew a contract or other agreement after December 1,
88	88	2017, that would create an obligation that would be impaired by a
89	89	provision of Subsection (b).
90	90	SECTION 7. This Act takes effect December 1, 2017.