85S10355 TJB-D
By: Bettencourt S.B. No. 90
A BILL TO BE ENTITLED
AN ACT
relating to the extraterritorial jurisdiction of and municipal
annexation by certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.021, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) This subsection applies only to a municipality with a
population of 1.8 million or more. For the purpose of determining
the extraterritorial jurisdiction of a municipality to which this
subsection applies, only the territory of the municipality within
the defined boundaries of the municipality that is receiving full
municipal police and fire protection services is considered to be
within the corporate boundaries of the municipality. The
extraterritorial jurisdiction of the municipality is the
unincorporated area that is located within five miles of the
corporate boundaries of the municipality as determined under this
subsection, provided that the unincorporated area is contiguous to
the defined boundaries of the municipality and not within the
extraterritorial jurisdiction of another municipality.
SECTION 2. Section 42.022, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) This section does not apply to a municipality with a
population of 1.8 million or more.
SECTION 3. Section 42.023, Local Government Code, is
amended to read as follows:
Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
The extraterritorial jurisdiction of a municipality may not be
reduced unless the governing body of the municipality gives its
written consent by ordinance or resolution, except:
(1) in cases of judicial apportionment of overlapping
extraterritorial jurisdictions under Section 42.901;
(2) in accordance with an agreement under Section
42.022(d); [or]
(3) as necessary to comply with Section 42.0235; or
(4) as provided by Section 42.021(e) or 43.038.
SECTION 4. Section 42.041, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) This section does not apply to an existing municipality
with a population of 1.8 million or more.
SECTION 5. Section 42.902, Local Government Code, is
amended to read as follows:
Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN
EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the
extraterritorial jurisdiction of a municipality does not by itself
authorize the municipality to impose a tax in the area.
(b) A municipality with a population of 1.8 million or more
may not impose a tax in the extraterritorial jurisdiction of the
municipality unless:
(1) the municipality is otherwise authorized by law to
impose the tax in the extraterritorial jurisdiction; and
(2) the municipality provides police and fire
protection within the extraterritorial jurisdiction.
SECTION 6. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.038 to read as follows:
Sec. 43.038. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF
CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality with a population of 1.8 million or more.
(b) Notwithstanding any provision of law, including
Sections 42.021 and 43.056, and subject to Subsection (c):
(1) on December 1, 2022, the area located in the
extraterritorial jurisdiction of a municipality to which this
section applies is released from the municipality's
extraterritorial jurisdiction;
(2) beginning on December 1, 2022, a municipality to
which this section applies:
(A) does not have and may not acquire
extraterritorial jurisdiction over any area; and
(B) is prohibited from annexing any area; and
(3) not later than December 1, 2022, a municipality to
which this section applies must:
(A) provide or cause the provision of full
municipal services as defined by Section 43.056(c), including
police and fire protection, to all areas annexed by the
municipality; or
(B) disannex any area in which the municipality
is not providing or causing the provision of full municipal
services.
(c) A provision of Subsection (b) applies only to the extent
that the application of the provision does not impair an obligation
under the provision of a contract or other agreement.
(d) A municipality to which this section applies may not
enter into or renew a contract or other agreement after December 1,
2017, that would create an obligation that would be impaired by a
provision of Subsection (b).
SECTION 7. This Act takes effect December 1, 2017.