Texas 2023 - 88th Regular

Texas House Bill HB443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2192 DRS-F
2	2	By: Schofield H.B. No. 443
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the extraterritorial jurisdiction of certain
8	8	municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.021, Local Government Code, is
11	11	amended by adding Subsection (e) to read as follows:
12	12	(e) This subsection applies only to a municipality with a
13	13	population of 1.8 million or more. For the purpose of determining
14	14	the extraterritorial jurisdiction of a municipality to which this
15	15	subsection applies, only the territory of the municipality within
16	16	the defined boundaries of the municipality that is receiving full
17	17	municipal police and fire protection services is considered to be
18	18	within the corporate boundaries of the municipality. The
19	19	extraterritorial jurisdiction of the municipality is the
20	20	unincorporated area that is located within five miles of the
21	21	corporate boundaries of the municipality as determined under this
22	22	subsection, provided that the unincorporated area is contiguous to
23	23	the defined boundaries of the municipality and not within the
24	24	extraterritorial jurisdiction of another municipality.
25	25	SECTION 2. Section 42.022, Local Government Code, is
26	26	amended by adding Subsection (e) to read as follows:
27	27	(e) This section does not apply to a municipality with a
28	28	population of 1.8 million or more.
29	29	SECTION 3. Section 42.023, Local Government Code, is
30	30	amended to read as follows:
31	31	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
32	32	The extraterritorial jurisdiction of a municipality may not be
33	33	reduced unless the governing body of the municipality gives its
34	34	written consent by ordinance or resolution, except:
35	35	(1) in cases of judicial apportionment of overlapping
36	36	extraterritorial jurisdictions under Section 42.901;
37	37	(2) in accordance with an agreement under Section
38	38	42.022(d); [or]
39	39	(3) as necessary to comply with Section 42.0235; or
40	40	(4) as provided by Section 42.021(e).
41	41	SECTION 4. Section 42.041(e), Local Government Code, is
42	42	amended to read as follows:
43	43	(e) This section applies only to the proposed
44	44	municipality's area located in the extraterritorial jurisdiction
45	45	of an [the] existing municipality with a population of less than 1.8
46	46	million.
47	47	SECTION 5. Section 42.902, Local Government Code, is
48	48	amended to read as follows:
49	49	Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN
50	50	EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the
51	51	extraterritorial jurisdiction of a municipality does not by itself
52	52	authorize the municipality to impose a tax in the area.
53	53	(b) A municipality with a population of 1.8 million or more
54	54	may not impose a tax in the extraterritorial jurisdiction of the
55	55	municipality unless:
56	56	(1) the municipality is otherwise authorized by law to
57	57	impose the tax in the extraterritorial jurisdiction; and
58	58	(2) the municipality provides police and fire
59	59	protection services within the extraterritorial jurisdiction.
60	60	SECTION 6. This Act takes effect September 1, 2023.