87R3578 SCL-D
By: Bettencourt S.B. No. 1992
A BILL TO BE ENTITLED
AN ACT
relating to release of an area from a municipality's
extraterritorial jurisdiction by petition or election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Local Government Code, is amended by
adding Subchapters D and E to read as follows:
SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM
EXTRATERRITORIAL JURISDICTION BY PETITION
Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. A
resident of an area with a population of less than 200 and in a
municipality's extraterritorial jurisdiction may file a petition
with the municipality in accordance with this subchapter for the
area to be released from the extraterritorial jurisdiction if the
area has been in the extraterritorial jurisdiction for at least one
year.
Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277,
Election Code, applies to a petition requesting removal under this
subchapter.
Sec. 42.103. PETITION REQUIREMENTS. (a) A petition
requesting release under this subchapter must be signed by more
than 50 percent of the registered voters of the area described by
the petition as of the date of the preceding uniform election date.
(b) A person filing a petition under this subchapter must
satisfy the signature requirement described by Subsection (a) not
later than the 180th day after the date the first signature for the
petition is obtained.
(c) A signature collected under this section must be in
writing.
(d) The petition must include a map of and describe the area
to be released.
Sec. 42.104. RESULTS OF PETITION. (a) When the petition
period prescribed by Section 42.103 ends, a petition requesting
removal under this subchapter shall be verified by the municipal
secretary or other person responsible for verifying signatures.
The municipality must notify the residents and landowners of the
area described by the petition of the results of the petition.
(b) If a resident does not obtain the number of signatures
on the petition required to release the area from the
municipality's extraterritorial jurisdiction, a resident may not
file another petition under Section 42.101 to release the same or
substantially same area from the municipality's extraterritorial
jurisdiction until the first anniversary of the date the petition
period ended.
(c) If a resident obtains the number of signatures on the
petition required under Section 42.103 to release the area from the
municipality's extraterritorial jurisdiction, the municipality
shall immediately release the area from its extraterritorial
jurisdiction.
SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM
EXTRATERRITORIAL JURISDICTION BY ELECTION
Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
(a) A resident of an area with a population of 200 or more and that
has been in a municipality's extraterritorial jurisdiction for at
least one year may request the municipality to hold an election in
accordance with this subchapter to vote on the question of whether
to release the area from the municipality's extraterritorial
jurisdiction by filing with the municipality a petition that
includes the signatures of at least five percent of the registered
voters residing in the area as of the date of the preceding uniform
election date.
(b) A resident may not request another election on the
question of releasing the same or substantially same area from the
municipality's extraterritorial jurisdiction before the first
anniversary of the date the municipality receives a petition filed
under Subsection (a).
(c) The petition must include a map of and describe the area
to be released.
Sec. 42.152. ELECTION. (a) A municipality shall order an
election on the question of whether to release an area from the
municipality's extraterritorial jurisdiction to be held on the
first uniform election date that falls on or after the 90th day
after the date the municipality receives a petition that complies
with Section 42.151.
(b) The municipality shall hold the election ordered under
this section in the area described by the petition.
(c) An election ordered under this section must be held in
the same manner as general elections of the municipality. The
municipality shall pay for the costs of holding the election.
Sec. 42.153. RESULTS OF ELECTION. (a) Following an
election held under this subchapter, the municipality shall notify
the residents of the area proposed to be released from the
municipality's extraterritorial jurisdiction of the results of the
election.
(b) If at the election held under this subchapter a majority
of voters approve the proposed release, the municipality shall
immediately release the area for which the election was held from
the municipality's extraterritorial jurisdiction.
SECTION 2. This Act takes effect September 1, 2021.