Texas 2021 - 87th Regular

Texas House Bill HB2364 Compare Versions

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

Old	New	Differences
1	1	87R3947 DRS-D
2	2	By: Schofield H.B. No. 2364
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. Subchapter A, Chapter 42, Local Government Code,
11	11	is amended by adding Section 42.0015 to read as follows:
12	12	Sec. 42.0015. INAPPLICABILITY OF CERTAIN PROVISIONS TO
13	13	CERTAIN MUNICIPALITIES. (a) Sections 42.022, 42.023, and 42.041
14	14	do not apply to a municipality with a population of more than 1.8
15	15	million.
16	16	(b) This section expires September 1, 2026.
17	17	SECTION 2. Effective September 1, 2026, Subchapter A,
18	18	Chapter 42, Local Government Code, is amended by adding Section
19	19	42.002 to read as follows:
20	20	Sec. 42.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
21	21	MUNICIPALITIES. This chapter does not apply to a municipality with
22	22	a population of more than 1.8 million.
23	23	SECTION 3. Section 42.021, Local Government Code, is
24	24	amended by adding Subsection (e) to read as follows:
25	25	(e) This subsection applies only to a municipality with a
26	26	population of 1.8 million or more. For the purpose of determining
27	27	the extraterritorial jurisdiction of a municipality to which this
28	28	subsection applies, only the territory of the municipality within
29	29	the defined boundaries of the municipality that is receiving full
30	30	municipal police and fire protection services is considered to be
31	31	within the corporate boundaries of the municipality. The
32	32	extraterritorial jurisdiction of the municipality is the
33	33	unincorporated area that is located within five miles of the
34	34	corporate boundaries of the municipality as determined under this
35	35	subsection, provided that the unincorporated area is contiguous to
36	36	the defined boundaries of the municipality and not within the
37	37	extraterritorial jurisdiction of another municipality. This
38	38	subsection expires September 1, 2026.
39	39	SECTION 4. Section 42.902, Local Government Code, is
40	40	amended to read as follows:
41	41	Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN
42	42	EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the
43	43	extraterritorial jurisdiction of a municipality does not by itself
44	44	authorize the municipality to impose a tax in the area.
45	45	(b) This subsection expires September 1, 2026. A
46	46	municipality with a population of 1.8 million or more may not impose
47	47	a tax in the extraterritorial jurisdiction of the municipality
48	48	unless:
49	49	(1) the municipality is otherwise authorized by law to
50	50	impose the tax in the extraterritorial jurisdiction; and
51	51	(2) the municipality provides police and fire
52	52	protection within the extraterritorial jurisdiction.
53	53	SECTION 5. Subchapter A-1, Chapter 43, Local Government
54	54	Code, is amended by adding Section 43.018 to read as follows:
55	55	Sec. 43.018. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF
56	56	CERTAIN MUNICIPALITIES. (a) This section applies only to a
57	57	municipality with a population of 1.8 million or more.
58	58	(b) Notwithstanding any other provision of law, including
59	59	Sections 42.021 and 43.056, and subject to Subsection (c):
60	60	(1) on September 1, 2026, the area located in the
61	61	extraterritorial jurisdiction of a municipality to which this
62	62	section applies is released from the municipality's
63	63	extraterritorial jurisdiction;
64	64	(2) beginning on September 1, 2026, a municipality to
65	65	which this section applies:
66	66	(A) does not have and may not acquire
67	67	extraterritorial jurisdiction over any area; and
68	68	(B) is prohibited from annexing any area; and
69	69	(3) not later than September 1, 2026, a municipality
70	70	to which this section applies must:
71	71	(A) provide or cause the provision of full
72	72	municipal services as defined by Section 43.056(c), including
73	73	police and fire protection, to all areas annexed by the
74	74	municipality; or
75	75	(B) disannex any area in which the municipality
76	76	is not providing or causing the provision of full municipal
77	77	services.
78	78	(c) A provision of Subsection (b) applies only to the extent
79	79	that the application of the provision does not impair an obligation
80	80	under the provision of a contract or other agreement.
81	81	(d) A municipality to which this section applies may not
82	82	enter into or renew a contract or other agreement after September 1,
83	83	2021, that would create an obligation that would be impaired by a
84	84	provision of Subsection (b).
85	85	SECTION 6. This Act takes effect September 1, 2021.