86R5402 SCL-D
By: Toth H.B. No. 3454
A BILL TO BE ENTITLED
AN ACT
relating to the release of extraterritorial jurisdiction by a
municipality involving certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0252 to read as follows:
Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
CERTAIN AREAS. (a) This section applies only in the
extraterritorial jurisdiction of a municipality to:
(1) an area that is subject to a legal determination
that the municipality failed to provide or agree to provide
adequate services to the area; or
(2) an area that is:
(A) adjacent to an area described by Subdivision
(1);
(B) part of a real estate subdivision that
contains all or part of an area described by Subdivision (1); and
(C) under the jurisdiction of a single property
owners' association that governs the entire real estate
subdivision.
(b) A majority of the registered voters in an area described
by Subsection (a)(1) or in a portion of the area may petition the
municipality to release the area from the municipality's
extraterritorial jurisdiction.
(c) A majority of the registered voters in an area described
by Subsection (a)(2) may petition the municipality to release the
area from the municipality's extraterritorial jurisdiction if a
petition has been filed under Subsection (b) for another area
located in the same real estate subdivision.
(d) A petition described by this section must be filed with
the secretary or clerk of the municipality.
(e) Not later than the 10th day after the date the secretary
or clerk receives a petition under this section, the secretary or
clerk shall determine whether the petition is valid. If the
petition is determined valid, the governing body of the
municipality shall immediately enter in the minutes or records of
the municipality an order releasing the area from the
municipality's extraterritorial jurisdiction.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.