86R6703 SCL-D
By: Miller H.B. No. 958
A BILL TO BE ENTITLED
AN ACT
relating to the release and inclusion 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 42.0253 to read as follows:
Sec. 42.0253. RELEASE AND INCLUSION OF EXTRATERRITORIAL
JURISDICTION: CERTAIN AREAS. (a) This section applies only to an
area that is located in:
(1) the extraterritorial jurisdiction of a
municipality with a population of 1.9 million or more; and
(2) a county with a population of 550,000 or more that
is adjacent to a county with a population of 3.3 million or more.
(b) A majority of the registered voters in an area subject
to this section may petition the municipality to release the area
from the municipality's extraterritorial jurisdiction. The
petition must be filed with the secretary or clerk of the
municipality.
(c) Not later than the 10th day after the date the secretary
or clerk receives a petition under Subsection (b), 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.
(d) An area released under Subsection (c) becomes an
unincorporated area of the county. A municipality may include the
area in the municipality's extraterritorial jurisdiction if:
(1) the municipality is otherwise eligible to include
the area in its extraterritorial jurisdiction under this chapter;
and
(2) the municipality receives a petition signed by a
majority of the registered voters of the area requesting inclusion.
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.