Texas 2021 - 87th Regular

Texas Senate Bill SB1992 Compare Versions

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

Old	New	Differences
1	1	87R3578 SCL-D
2	2	By: Bettencourt S.B. No. 1992
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to release of an area from a municipality's
8	8	extraterritorial jurisdiction by petition or election.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 42, Local Government Code, is amended by
11	11	adding Subchapters D and E to read as follows:
12	12	SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM
13	13	EXTRATERRITORIAL JURISDICTION BY PETITION
14	14	Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. A
15	15	resident of an area with a population of less than 200 and in a
16	16	municipality's extraterritorial jurisdiction may file a petition
17	17	with the municipality in accordance with this subchapter for the
18	18	area to be released from the extraterritorial jurisdiction if the
19	19	area has been in the extraterritorial jurisdiction for at least one
20	20	year.
21	21	Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277,
22	22	Election Code, applies to a petition requesting removal under this
23	23	subchapter.
24	24	Sec. 42.103. PETITION REQUIREMENTS. (a) A petition
25	25	requesting release under this subchapter must be signed by more
26	26	than 50 percent of the registered voters of the area described by
27	27	the petition as of the date of the preceding uniform election date.
28	28	(b) A person filing a petition under this subchapter must
29	29	satisfy the signature requirement described by Subsection (a) not
30	30	later than the 180th day after the date the first signature for the
31	31	petition is obtained.
32	32	(c) A signature collected under this section must be in
33	33	writing.
34	34	(d) The petition must include a map of and describe the area
35	35	to be released.
36	36	Sec. 42.104. RESULTS OF PETITION. (a) When the petition
37	37	period prescribed by Section 42.103 ends, a petition requesting
38	38	removal under this subchapter shall be verified by the municipal
39	39	secretary or other person responsible for verifying signatures.
40	40	The municipality must notify the residents and landowners of the
41	41	area described by the petition of the results of the petition.
42	42	(b) If a resident does not obtain the number of signatures
43	43	on the petition required to release the area from the
44	44	municipality's extraterritorial jurisdiction, a resident may not
45	45	file another petition under Section 42.101 to release the same or
46	46	substantially same area from the municipality's extraterritorial
47	47	jurisdiction until the first anniversary of the date the petition
48	48	period ended.
49	49	(c) If a resident obtains the number of signatures on the
50	50	petition required under Section 42.103 to release the area from the
51	51	municipality's extraterritorial jurisdiction, the municipality
52	52	shall immediately release the area from its extraterritorial
53	53	jurisdiction.
54	54	SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM
55	55	EXTRATERRITORIAL JURISDICTION BY ELECTION
56	56	Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
57	57	(a) A resident of an area with a population of 200 or more and that
58	58	has been in a municipality's extraterritorial jurisdiction for at
59	59	least one year may request the municipality to hold an election in
60	60	accordance with this subchapter to vote on the question of whether
61	61	to release the area from the municipality's extraterritorial
62	62	jurisdiction by filing with the municipality a petition that
63	63	includes the signatures of at least five percent of the registered
64	64	voters residing in the area as of the date of the preceding uniform
65	65	election date.
66	66	(b) A resident may not request another election on the
67	67	question of releasing the same or substantially same area from the
68	68	municipality's extraterritorial jurisdiction before the first
69	69	anniversary of the date the municipality receives a petition filed
70	70	under Subsection (a).
71	71	(c) The petition must include a map of and describe the area
72	72	to be released.
73	73	Sec. 42.152. ELECTION. (a) A municipality shall order an
74	74	election on the question of whether to release an area from the
75	75	municipality's extraterritorial jurisdiction to be held on the
76	76	first uniform election date that falls on or after the 90th day
77	77	after the date the municipality receives a petition that complies
78	78	with Section 42.151.
79	79	(b) The municipality shall hold the election ordered under
80	80	this section in the area described by the petition.
81	81	(c) An election ordered under this section must be held in
82	82	the same manner as general elections of the municipality. The
83	83	municipality shall pay for the costs of holding the election.
84	84	Sec. 42.153. RESULTS OF ELECTION. (a) Following an
85	85	election held under this subchapter, the municipality shall notify
86	86	the residents of the area proposed to be released from the
87	87	municipality's extraterritorial jurisdiction of the results of the
88	88	election.
89	89	(b) If at the election held under this subchapter a majority
90	90	of voters approve the proposed release, the municipality shall
91	91	immediately release the area for which the election was held from
92	92	the municipality's extraterritorial jurisdiction.
93	93	SECTION 2. This Act takes effect September 1, 2021.