88R6248 MP-D
By: Tepper H.B. No. 1279
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a municipality's extraterritorial
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 42.021(a), (b), and (d), Local
Government Code, are amended to read as follows:
(a) The extraterritorial jurisdiction of a municipality is
the unincorporated area that is contiguous to the corporate
boundaries of the municipality and that is located:
(1) within 250 feet [one-half mile] of those
boundaries, in the case of a municipality with fewer than 5,000
inhabitants;
(2) within 500 feet [one mile] of those boundaries, in
the case of a municipality with 5,000 to 24,999 inhabitants;
(3) within 1,000 feet [two miles] of those boundaries,
in the case of a municipality with 25,000 to 49,999 inhabitants;
(4) within one-quarter mile [3-1/2 miles] of those
boundaries, in the case of a municipality with 50,000 to 99,999
inhabitants; or
(5) within one-half mile [five miles] of those
boundaries, in the case of a municipality with 100,000 or more
inhabitants.
(b) Regardless of Subsection (a), the extraterritorial
jurisdiction of a municipality is the unincorporated area that is
contiguous to the corporate boundaries of the municipality and that
is located:
(1) within one-half mile [five miles] of those
boundaries on a barrier island; or
(2) within 500 feet [one-half mile] of those
boundaries off a barrier island.
(d) Regardless of Subsection (a), the extraterritorial
jurisdiction of a municipality is the unincorporated area that is
contiguous to the corporate boundaries of the municipality and that
is located within one-half mile [three miles] of those boundaries
if the municipality:
(1) has a population of not less than 20,000 or more
than 29,000; and
(2) is located in a county that has a population of
45,000 or more and borders the Trinity River.
SECTION 2. Section 42.903(b), Local Government Code, is
amended to read as follows:
(b) The governing body of the municipality by resolution or
ordinance may adopt an extraterritorial jurisdiction for all or
part of the unincorporated area contiguous to the corporate
boundaries of the municipality and located within 500 feet [one
mile] of those boundaries. The authority granted by this section is
subject to the limitation provided by Section 26.178, Water Code.
SECTION 3. Section 212.001(1), Local Government Code, is
amended to read as follows:
(1) "Extraterritorial jurisdiction" means a
municipality's extraterritorial jurisdiction as determined under
Chapter 42, except that for a municipality that has a population of
5,000 or more and is located in a county bordering the Rio Grande
River, "extraterritorial jurisdiction" means the area outside the
municipal limits but within one-half mile [five miles] of those
limits.
SECTION 4. Section 54.001(8), Water Code, is repealed.
SECTION 5. This Act takes effect September 1, 2023.