Texas 2023 - 88th Regular

Texas House Bill HB5217 Compare Versions

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1	1	88R24421 SCL-F
2	2	By: Bell of Montgomery, Metcalf, Schofield, H.B. No. 5217
3	3	Bell of Kaufman, Tepper, et al.
4	4	Substitute the following for H.B. No. 5217:
5	5	By: Burns C.S.H.B. No. 5217
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to release of an area from and limitations on the expansion
11	11	of a municipality's extraterritorial jurisdiction.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 42, Local Government Code, is amended by
14	14	adding Subchapters D and E to read as follows:
15	15	SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENT
16	16	FROM EXTRATERRITORIAL JURISDICTION
17	17	Sec. 42.101. APPLICABILITY. This subchapter does not apply
18	18	to an area located:
19	19	(1) within five miles of the boundary of a military
20	20	base, as defined by Section 43.0117, at which an active training
21	21	program is conducted;
22	22	(2) in an area designated as an industrial district
23	23	under Section 42.044; or
24	24	(3) in an area subject to a strategic partnership
25	25	agreement entered into under Section 43.0751.
26	26	Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
27	27	resident of an area in a municipality's extraterritorial
28	28	jurisdiction may file a petition with the municipality in
29	29	accordance with this subchapter for the area to be released from the
30	30	extraterritorial jurisdiction.
31	31	(b) The owner or owners of the majority in value of an area
32	32	consisting of one or more parcels of land in a municipality's
33	33	extraterritorial jurisdiction may file a petition with the
34	34	municipality in accordance with this subchapter for the area to be
35	35	released from the extraterritorial jurisdiction.
36	36	Sec. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277,
37	37	Election Code, applies to a petition requesting removal under this
38	38	subchapter.
39	39	Sec. 42.104. PETITION REQUIREMENTS. (a) A petition
40	40	requesting release under this subchapter must be signed by:
41	41	(1) more than 50 percent of the registered voters of
42	42	the area described by the petition as of the date of the preceding
43	43	uniform election; or
44	44	(2) a majority in value of the holders of title of land
45	45	in the area described by the petition, as indicated by the tax rolls
46	46	of the applicable central appraisal district.
47	47	(b) A person filing a petition under this subchapter must
48	48	satisfy the signature requirement described by Subsection (a) not
49	49	later than the 180th day after the date the first signature for the
50	50	petition is obtained.
51	51	(c) A signature collected under this section must be in
52	52	writing.
53	53	(d) The petition must include a map of the land to be
54	54	released and describe the boundaries of the land to be released by:
55	55	(1) metes and bounds; or
56	56	(2) lot and block number, if there is a recorded map or
57	57	plat.
58	58	Sec. 42.105. RESULTS OF PETITION. (a) A petition
59	59	requesting removal under this subchapter shall be verified by the
60	60	municipal secretary or other person responsible for verifying
61	61	signatures.
62	62	(b) The municipality shall notify the residents and
63	63	landowners of the area described by the petition of the results of
64	64	the petition. The municipality may satisfy this requirement by
65	65	notifying the person who filed the petition under Section 42.102.
66	66	(c) If a resident or landowner obtains the number of
67	67	signatures on the petition required under Section 42.104 to release
68	68	the area from the municipality's extraterritorial jurisdiction,
69	69	the municipality shall immediately release the area from the
70	70	municipality's extraterritorial jurisdiction.
71	71	(d) If a municipality fails to take action to release the
72	72	area under Subsection (c) by the later of the 45th day after the
73	73	date the municipality receives the petition or the next meeting of
74	74	the municipality's governing body that occurs after the 30th day
75	75	after the date the municipality receives the petition, the area is
76	76	released by operation of law.
77	77	(e) Notwithstanding Section 42.021, an area released from a
78	78	municipality's extraterritorial jurisdiction under this section
79	79	does not become part of the extraterritorial jurisdiction of
80	80	another municipality on release, unless the owner or owners of the
81	81	area request that the area be included in the other municipality's
82	82	extraterritorial jurisdiction.
83	83	SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM EXTRATERRITORIAL
84	84	JURISDICTION
85	85	Sec. 42.151. APPLICABILITY. This subchapter does not apply
86	86	to an area located:
87	87	(1) within five miles of the boundary of a military
88	88	base, as defined by Section 43.0117, at which an active training
89	89	program is conducted;
90	90	(2) in an area designated as an industrial district
91	91	under Section 42.044; or
92	92	(3) in an area subject to a strategic partnership
93	93	agreement entered into under Section 43.0751.
94	94	Sec. 42.152. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
95	95	(a) A resident of an area in a municipality's extraterritorial
96	96	jurisdiction may request the municipality to hold an election in
97	97	accordance with this subchapter to vote on the question of whether
98	98	to release the area from the municipality's extraterritorial
99	99	jurisdiction by filing with the municipality a petition that
100	100	includes the signatures of at least five percent of the registered
101	101	voters residing in the area as of the date of the preceding uniform
102	102	election date.
103	103	(b) A resident may not request another election on the
104	104	question of releasing the same or substantially same area from the
105	105	municipality's extraterritorial jurisdiction before the second
106	106	anniversary of the date the municipality receives a petition filed
107	107	under Subsection (a).
108	108	(c) The petition must include a map of the land to be
109	109	released and describe the boundaries of the land to be released by:
110	110	(1) metes and bounds; or
111	111	(2) lot and block number, if there is a recorded map or
112	112	plat.
113	113	Sec. 42.153. ELECTION. (a) Except as provided by Section
114	114	42.156, a municipality shall order an election on the question of
115	115	whether to release an area from the municipality's extraterritorial
116	116	jurisdiction to be held on the first uniform election date that
117	117	falls on or after the 90th day after the date the municipality
118	118	receives a petition that complies with Section 42.152.
119	119	(b) The municipality shall hold the election ordered under
120	120	this section in the area described by the petition at which the
121	121	qualified voters of the area described by the petition may vote on
122	122	the question of the release.
123	123	(c) An election ordered under this section must be held in
124	124	the same manner as general elections of the municipality. The
125	125	municipality shall pay for the costs of holding the election.
126	126	Sec. 42.154. RESULTS OF ELECTION. (a) The governing body
127	127	of a municipality shall canvass the election returns for an
128	128	election held under this subchapter in accordance with Chapter 67,
129	129	Election Code.
130	130	(b) Not later than 48 hours after the canvass of an election
131	131	held under this subchapter, the municipality shall notify the
132	132	residents of the area proposed to be released from the
133	133	municipality's extraterritorial jurisdiction of the results of the
134	134	election. The municipality may satisfy this requirement by
135	135	notifying the person who filed the petition under Section 42.152.
136	136	Sec. 42.155. RELEASE OF AREA AS RESULT OF ELECTION. (a) If
137	137	at the election held under this subchapter a majority of qualified
138	138	voters of the area to be released approve the proposed release, the
139	139	municipality shall immediately release the area from the
140	140	municipality's extraterritorial jurisdiction.
141	141	(b) If the municipality fails to take action to release the
142	142	area under Subsection (a) by the later of the next meeting of the
143	143	municipality's governing body or the 15th day after the canvass
144	144	date for the election, the area is released by operation of law.
145	145	(c) Notwithstanding Section 42.021, an area released from a
146	146	municipality's extraterritorial jurisdiction under this section
147	147	does not become part of the extraterritorial jurisdiction of
148	148	another municipality on release, unless the owner or owners of the
149	149	area request that the area be included in the other municipality's
150	150	extraterritorial jurisdiction.
151	151	Sec. 42.156. VOLUNTARY RELEASE. Instead of holding an
152	152	election under Section 42.153, the municipality may voluntarily
153	153	release the area for which the election is to be held from the
154	154	municipality's extraterritorial jurisdiction before the date on
155	155	which the election would have been held under Section 42.153(a).
156	156	SECTION 2. Section 42.021, Local Government Code, is
157	157	amended by adding Subsection (e) to read as follows:
158	158	(e) An annexation commenced after January 1, 2023, does not
159	159	expand the extraterritorial jurisdiction of a municipality unless
160	160	contemporaneously with the annexation the owner or owners of the
161	161	area that would be included in the municipality's extraterritorial
162	162	jurisdiction as a result of the annexation request that the area be
163	163	included in the municipality's extraterritorial jurisdiction.
164	164	SECTION 3. Section 242.001, Local Government Code, is
165	165	amended by adding Subsection (j) to read as follows:
166	166	(j) If an area subject to an agreement under Subsection (c)
167	167	is removed from a municipality's extraterritorial jurisdiction,
168	168	the agreement is terminated and the county is the political
169	169	subdivision authorized to regulate subdivisions in the removed
170	170	area.
171	171	SECTION 4. A municipality shall release extraterritorial
172	172	jurisdiction acquired from an annexation commenced after January 1,
173	173	2023, as necessary to comply with Section 42.021(e), Local
174	174	Government Code, as added by this Act.
175	175	SECTION 5. This Act takes effect September 1, 2023.