| 1 | 1 | | 88R6248 MP-D |
|---|
| 2 | 2 | | By: Tepper H.B. No. 1279 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the extent of a municipality's extraterritorial |
|---|
| 8 | 8 | | jurisdiction. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 42.021(a), (b), and (d), Local |
|---|
| 11 | 11 | | Government Code, are amended to read as follows: |
|---|
| 12 | 12 | | (a) The extraterritorial jurisdiction of a municipality is |
|---|
| 13 | 13 | | the unincorporated area that is contiguous to the corporate |
|---|
| 14 | 14 | | boundaries of the municipality and that is located: |
|---|
| 15 | 15 | | (1) within 250 feet [one-half mile] of those |
|---|
| 16 | 16 | | boundaries, in the case of a municipality with fewer than 5,000 |
|---|
| 17 | 17 | | inhabitants; |
|---|
| 18 | 18 | | (2) within 500 feet [one mile] of those boundaries, in |
|---|
| 19 | 19 | | the case of a municipality with 5,000 to 24,999 inhabitants; |
|---|
| 20 | 20 | | (3) within 1,000 feet [two miles] of those boundaries, |
|---|
| 21 | 21 | | in the case of a municipality with 25,000 to 49,999 inhabitants; |
|---|
| 22 | 22 | | (4) within one-quarter mile [3-1/2 miles] of those |
|---|
| 23 | 23 | | boundaries, in the case of a municipality with 50,000 to 99,999 |
|---|
| 24 | 24 | | inhabitants; or |
|---|
| 25 | 25 | | (5) within one-half mile [five miles] of those |
|---|
| 26 | 26 | | boundaries, in the case of a municipality with 100,000 or more |
|---|
| 27 | 27 | | inhabitants. |
|---|
| 28 | 28 | | (b) Regardless of Subsection (a), the extraterritorial |
|---|
| 29 | 29 | | jurisdiction of a municipality is the unincorporated area that is |
|---|
| 30 | 30 | | contiguous to the corporate boundaries of the municipality and that |
|---|
| 31 | 31 | | is located: |
|---|
| 32 | 32 | | (1) within one-half mile [five miles] of those |
|---|
| 33 | 33 | | boundaries on a barrier island; or |
|---|
| 34 | 34 | | (2) within 500 feet [one-half mile] of those |
|---|
| 35 | 35 | | boundaries off a barrier island. |
|---|
| 36 | 36 | | (d) Regardless of Subsection (a), the extraterritorial |
|---|
| 37 | 37 | | jurisdiction of a municipality is the unincorporated area that is |
|---|
| 38 | 38 | | contiguous to the corporate boundaries of the municipality and that |
|---|
| 39 | 39 | | is located within one-half mile [three miles] of those boundaries |
|---|
| 40 | 40 | | if the municipality: |
|---|
| 41 | 41 | | (1) has a population of not less than 20,000 or more |
|---|
| 42 | 42 | | than 29,000; and |
|---|
| 43 | 43 | | (2) is located in a county that has a population of |
|---|
| 44 | 44 | | 45,000 or more and borders the Trinity River. |
|---|
| 45 | 45 | | SECTION 2. Section 42.903(b), Local Government Code, is |
|---|
| 46 | 46 | | amended to read as follows: |
|---|
| 47 | 47 | | (b) The governing body of the municipality by resolution or |
|---|
| 48 | 48 | | ordinance may adopt an extraterritorial jurisdiction for all or |
|---|
| 49 | 49 | | part of the unincorporated area contiguous to the corporate |
|---|
| 50 | 50 | | boundaries of the municipality and located within 500 feet [one |
|---|
| 51 | 51 | | mile] of those boundaries. The authority granted by this section is |
|---|
| 52 | 52 | | subject to the limitation provided by Section 26.178, Water Code. |
|---|
| 53 | 53 | | SECTION 3. Section 212.001(1), Local Government Code, is |
|---|
| 54 | 54 | | amended to read as follows: |
|---|
| 55 | 55 | | (1) "Extraterritorial jurisdiction" means a |
|---|
| 56 | 56 | | municipality's extraterritorial jurisdiction as determined under |
|---|
| 57 | 57 | | Chapter 42, except that for a municipality that has a population of |
|---|
| 58 | 58 | | 5,000 or more and is located in a county bordering the Rio Grande |
|---|
| 59 | 59 | | River, "extraterritorial jurisdiction" means the area outside the |
|---|
| 60 | 60 | | municipal limits but within one-half mile [five miles] of those |
|---|
| 61 | 61 | | limits. |
|---|
| 62 | 62 | | SECTION 4. Section 54.001(8), Water Code, is repealed. |
|---|
| 63 | 63 | | SECTION 5. This Act takes effect September 1, 2023. |
|---|