| 1 | 1 | | 88R1969 DRS-D |
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| 2 | 2 | | By: Bell of Montgomery H.B. No. 375 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release and inclusion of extraterritorial |
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| 8 | 8 | | jurisdiction by a municipality involving certain areas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 42, Local Government Code, |
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| 11 | 11 | | is amended by adding Section 42.0253 to read as follows: |
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| 12 | 12 | | Sec. 42.0253. RELEASE AND INCLUSION OF EXTRATERRITORIAL |
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| 13 | 13 | | JURISDICTION: CERTAIN AREAS. (a) This section applies only to an |
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| 14 | 14 | | area that is located in: |
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| 15 | 15 | | (1) the extraterritorial jurisdiction of a |
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| 16 | 16 | | municipality; and |
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| 17 | 17 | | (2) a county with a population of less than 75,000 that |
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| 18 | 18 | | is adjacent to three counties with populations of more than |
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| 19 | 19 | | 450,000. |
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| 20 | 20 | | (b) A majority of the registered voters in an area subject |
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| 21 | 21 | | to this section may petition the municipality to release the area |
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| 22 | 22 | | from the municipality's extraterritorial jurisdiction. The |
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| 23 | 23 | | petition must be filed with the secretary or clerk of the |
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| 24 | 24 | | municipality. |
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| 25 | 25 | | (c) Not later than the 10th day after the date the secretary |
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| 26 | 26 | | or clerk receives a petition under Subsection (b), the secretary or |
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| 27 | 27 | | clerk shall determine whether the petition is valid. If the |
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| 28 | 28 | | petition is determined valid, the governing body of the |
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| 29 | 29 | | municipality shall immediately enter in the minutes or records of |
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| 30 | 30 | | the municipality an order releasing the area from the |
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| 31 | 31 | | municipality's extraterritorial jurisdiction. |
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| 32 | 32 | | (d) An area released under Subsection (c) becomes an |
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| 33 | 33 | | unincorporated area of the county. A municipality may include the |
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| 34 | 34 | | area in the municipality's extraterritorial jurisdiction if: |
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| 35 | 35 | | (1) the municipality is otherwise eligible to include |
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| 36 | 36 | | the area in its extraterritorial jurisdiction under this chapter; |
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| 37 | 37 | | and |
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| 38 | 38 | | (2) the municipality receives a petition signed by a |
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| 39 | 39 | | majority of the registered voters of the area requesting inclusion. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2023. |
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