2023S0244-1 03/06/23
By: Bell of Montgomery H.B. No. 5217
A BILL TO BE ENTITLED
AN ACT
relating to release of an area from a municipality's
extraterritorial jurisdiction by petition or election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Local Government Code, is amended by
adding Subchapters D and E to read as follows:
SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENTS
FROM EXTRATERRITORIAL JURISDICTION
Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
resident of an area with a population of less than 200 in a
municipality's extraterritorial jurisdiction may file a petition
with the municipality in accordance with this subchapter for the
area to be released from the extraterritorial jurisdiction.
(b) The owner or owners of the majority in value of an area
of land in a municipality's extraterritorial jurisdiction may file
a petition with the municipality in accordance with this subchapter
for the area to be released from the extraterritorial jurisdiction.
Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277,
Election Code, applies to a petition requesting removal under this
subchapter.
Sec. 42.103. PETITION REQUIREMENTS. (a) A petition
requesting release under this subchapter must be signed by:
(1) more than 50 percent of the registered voters of
the area described by the petition as of the date of the preceding
uniform election date; or
(2) a majority in value of the holders of title of land
in the area described by the petition, as indicated by the tax rolls
of the central appraisal district.
(b) A person filing a petition under this subchapter must
satisfy the signature requirement described by Subsection (a) not
later than the 180th day after the date the first signature for the
petition is obtained.
(c) A signature collected under this section must be in
writing.
(d) The petition must include a map of the land to be
released and describe the boundaries of the land to be released by
metes and bounds or by lot and block number, if there is a recorded
map or plat.
Sec. 42.104. RESULTS OF PETITION. (a) A petition
requesting removal under this subchapter shall be verified by the
municipal secretary or other person responsible for verifying
signatures.
(b) The municipality must notify the residents or
landowners of the area described by the petition of the results of
the petition.
(c) If a resident or landowner obtains the number of
signatures on the petition required under Section 42.103 to release
the area from the municipality's extraterritorial jurisdiction,
the municipality shall immediately release the area from its
extraterritorial jurisdiction.
Sec. 42.105. AREA NEAR MILITARY BASE. This subchapter does
not apply to any area located within five miles of the boundary of a
military base, as defined in Section 43.0117(a), in which an active
training program is conducted.
SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM
EXTRATERRITORIAL JURISDICTION
Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
(a) A resident of an area with a population of 200 or more and that
has been in a municipality's extraterritorial jurisdiction for at
least one year may request the municipality to hold an election in
accordance with this subchapter to vote on the question of whether
to release the area from the municipality's extraterritorial
jurisdiction by filing with the municipality a petition that
includes the signatures of at least five percent of the registered
voters residing in the area as of the date of the preceding uniform
election date.
(b) A resident may not request another election on the
question of releasing the same or substantially same area from the
municipality's extraterritorial jurisdiction before the first
anniversary of the date the municipality receives a petition filed
under Subsection (a).
(c) The petition must include a map of the land to be
released and describe the boundaries of the land to be released by
metes and bounds or by lot and block number, if there is a recorded
map or plat.
Sec. 42.152. ELECTION. (a) A municipality shall order an
election on the question of whether to release an area from the
municipality's extraterritorial jurisdiction to be held on the
first uniform election date that falls on or after the 90th day
after the date the municipality receives a petition that complies
with Section 42.151.
(b) The municipality shall hold the election ordered under
this section in the area described by the petition at which the
qualified voters of the area described by the petition may vote on
the question of the release.
(c) An election ordered under this section must be held in
the same manner as general elections of the municipality. The
municipality shall pay for the costs of holding the election.
Sec. 42.153. RESULTS OF ELECTION. (a) Following an
election held under this subchapter, the municipality shall notify
the residents of the area proposed to be released from the
municipality's extraterritorial jurisdiction of the results of the
election.
(b) If at the election held under this subchapter a majority
of qualified voters of the area to be released approve the proposed
release, the municipality shall immediately release the area for
which the election was held from the municipality's
extraterritorial jurisdiction.
Sec. 42.154. AREA NEAR MILITARY BASE. This subchapter does
not apply to any area located within five miles of the boundary of a
military base, as defined in Section 43.0117(a), in which an active
training program is conducted.
SECTION 2. This Act takes effect September 1, 2023.