Texas 2023 - 88th Regular

Texas House Bill HB375 Latest Draft

Bill / Introduced Version Filed 11/14/2022

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                            88R1969 DRS-D
 By: Bell of Montgomery H.B. No. 375


 A BILL TO BE ENTITLED
 AN ACT
 relating to the release and inclusion of extraterritorial
 jurisdiction by a municipality involving certain areas.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 42, Local Government Code,
 is amended by adding Section 42.0253 to read as follows:
 Sec. 42.0253.  RELEASE AND INCLUSION OF EXTRATERRITORIAL
 JURISDICTION: CERTAIN AREAS. (a) This section applies only to an
 area that is located in:
 (1)  the extraterritorial jurisdiction of a
 municipality; and
 (2)  a county with a population of less than 75,000 that
 is adjacent to three counties with populations of more than
 450,000.
 (b)  A majority of the registered voters in an area subject
 to this section may petition the municipality to release the area
 from the municipality's extraterritorial jurisdiction. The
 petition must be filed with the secretary or clerk of the
 municipality.
 (c)  Not later than the 10th day after the date the secretary
 or clerk receives a petition under Subsection (b), the secretary or
 clerk shall determine whether the petition is valid.  If the
 petition is determined valid, the governing body of the
 municipality shall immediately enter in the minutes or records of
 the municipality an order releasing the area from the
 municipality's extraterritorial jurisdiction.
 (d)  An area released under Subsection (c) becomes an
 unincorporated area of the county.  A municipality may include the
 area in the municipality's extraterritorial jurisdiction if:
 (1)  the municipality is otherwise eligible to include
 the area in its extraterritorial jurisdiction under this chapter;
 and
 (2)  the municipality receives a petition signed by a
 majority of the registered voters of the area requesting inclusion.
 SECTION 2.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.