88R24421 SCL-F
By: Bell of Montgomery, Metcalf, Schofield, H.B. No. 5217
Bell of Kaufman, Tepper, et al.
Substitute the following for H.B. No. 5217:
By: Burns C.S.H.B. No. 5217
A BILL TO BE ENTITLED
AN ACT
relating to release of an area from and limitations on the expansion
of a municipality's extraterritorial jurisdiction.
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 RESIDENT
FROM EXTRATERRITORIAL JURISDICTION
Sec. 42.101. APPLICABILITY. This subchapter does not apply
to an area located:
(1) within five miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted;
(2) in an area designated as an industrial district
under Section 42.044; or
(3) in an area subject to a strategic partnership
agreement entered into under Section 43.0751.
Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
resident of an area 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
consisting of one or more parcels 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. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277,
Election Code, applies to a petition requesting removal under this
subchapter.
Sec. 42.104. 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; 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 applicable 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:
(1) metes and bounds; or
(2) lot and block number, if there is a recorded map or
plat.
Sec. 42.105. 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 shall notify the residents and
landowners of the area described by the petition of the results of
the petition. The municipality may satisfy this requirement by
notifying the person who filed the petition under Section 42.102.
(c) If a resident or landowner obtains the number of
signatures on the petition required under Section 42.104 to release
the area from the municipality's extraterritorial jurisdiction,
the municipality shall immediately release the area from the
municipality's extraterritorial jurisdiction.
(d) If a municipality fails to take action to release the
area under Subsection (c) by the later of the 45th day after the
date the municipality receives the petition or the next meeting of
the municipality's governing body that occurs after the 30th day
after the date the municipality receives the petition, the area is
released by operation of law.
(e) Notwithstanding Section 42.021, an area released from a
municipality's extraterritorial jurisdiction under this section
does not become part of the extraterritorial jurisdiction of
another municipality on release, unless the owner or owners of the
area request that the area be included in the other municipality's
extraterritorial jurisdiction.
SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM EXTRATERRITORIAL
JURISDICTION
Sec. 42.151. APPLICABILITY. This subchapter does not apply
to an area located:
(1) within five miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted;
(2) in an area designated as an industrial district
under Section 42.044; or
(3) in an area subject to a strategic partnership
agreement entered into under Section 43.0751.
Sec. 42.152. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
(a) A resident of an area in a municipality's extraterritorial
jurisdiction 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 second
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:
(1) metes and bounds; or
(2) lot and block number, if there is a recorded map or
plat.
Sec. 42.153. ELECTION. (a) Except as provided by Section
42.156, 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 42.152.
(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. 42.154. RESULTS OF ELECTION. (a) The governing body
of a municipality shall canvass the election returns for an
election held under this subchapter in accordance with Chapter 67,
Election Code.
(b) Not later than 48 hours after the canvass of 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. The municipality may satisfy this requirement by
notifying the person who filed the petition under Section 42.152.
Sec. 42.155. RELEASE OF AREA AS RESULT OF ELECTION. (a) 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 from the
municipality's extraterritorial jurisdiction.
(b) If the municipality fails to take action to release the
area under Subsection (a) by the later of the next meeting of the
municipality's governing body or the 15th day after the canvass
date for the election, the area is released by operation of law.
(c) Notwithstanding Section 42.021, an area released from a
municipality's extraterritorial jurisdiction under this section
does not become part of the extraterritorial jurisdiction of
another municipality on release, unless the owner or owners of the
area request that the area be included in the other municipality's
extraterritorial jurisdiction.
Sec. 42.156. VOLUNTARY RELEASE. Instead of holding an
election under Section 42.153, the municipality may voluntarily
release the area for which the election is to be held from the
municipality's extraterritorial jurisdiction before the date on
which the election would have been held under Section 42.153(a).
SECTION 2. Section 42.021, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) An annexation commenced after January 1, 2023, does not
expand the extraterritorial jurisdiction of a municipality unless
contemporaneously with the annexation the owner or owners of the
area that would be included in the municipality's extraterritorial
jurisdiction as a result of the annexation request that the area be
included in the municipality's extraterritorial jurisdiction.
SECTION 3. Section 242.001, Local Government Code, is
amended by adding Subsection (j) to read as follows:
(j) If an area subject to an agreement under Subsection (c)
is removed from a municipality's extraterritorial jurisdiction,
the agreement is terminated and the county is the political
subdivision authorized to regulate subdivisions in the removed
area.
SECTION 4. A municipality shall release extraterritorial
jurisdiction acquired from an annexation commenced after January 1,
2023, as necessary to comply with Section 42.021(e), Local
Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2023.