Texas 2023 - 88th Regular

Texas House Bill HB1307

Filed
1/12/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to municipal release of extraterritorial jurisdiction and disannexation involving certain areas.

Impact

The passage of this bill could significantly alter the landscape of local governance in Texas. It would empower communities to gain autonomy from municipalities that have not met adequate service standards, which in turn could facilitate the growth of unincorporated areas or allow for incorporation into other municipalities. Additionally, the bill outlines a petition process that could streamline the disannexation from municipal jurisdiction under specified circumstances, thereby giving local residents a greater say in their governance and service provision.

Summary

House Bill 1307 is aimed at providing mechanisms for the release of areas from a municipality's extraterritorial jurisdiction (ETJ) under certain conditions. Specifically, the bill allows registered voters in certain areas to petition their municipality to remove their area from its ETJ if it has been legally determined that the municipality failed to provide adequate services. This legislation particularly applies to areas within real estate subdivisions governed by property owners' associations, potentially impacting the management and regulation of these subdivisions and their governance structures.

Sentiment

The sentiment around HB 1307 appears mixed. Proponents argue that it is a necessary measure to ensure accountability from municipalities regarding service provision. They believe this bill will empower communities that have felt neglected and ensure that governance reflects the needs of the residents. Conversely, opponents, including military representatives and other community advocates, view the bill with skepticism. Concerns have been raised about the implications this may have on military installations and how reducing ETJ zones can complicate broader regulatory and service provision issues.

Contention

Key points of contention surrounding HB 1307 relate to its potential impact on military installations and existing municipalities’ authority. Critics fear that the bill could hamper military concentration areas by limiting the jurisdiction of municipalities like San Antonio, which provide necessary services. Furthermore, there are worries regarding how the release from ETJ might affect tax obligations and municipal debt repayment in disannexed areas. This highlights a broader tension between local desires for sovereignty and the responsibilities municipalities have towards their service provision mandates.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 42. Extraterritorial Jurisdiction Of Municipalities
    • Section: New Section
    • Section: New Section
  • Chapter 43. Municipal Annexation
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB4751

Duplicate Relating to municipal release of extraterritorial jurisdiction and disannexation involving certain areas.

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