Texas 2023 - 88th Regular

Texas Senate Bill SB1108

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to release of an area from a municipality's extraterritorial jurisdiction.

Impact

The proposed legislation allows residents in an area under a municipality's extraterritorial jurisdiction to initiate a petition for an election that could lead to their area's release. A notable requirement is the necessity of signatures from at least five percent of the registered voters in that area, alongside a geographic description. This empowers communities, enabling them to have a say in their governance and jurisdictional challenges, particularly in regions where they may feel the municipal governance does not reflect their needs or desires.

Summary

Senate Bill 1108, introduced by Senator Middleton, pertains to the release of areas from a municipality's extraterritorial jurisdiction. The bill amends Section 42.023 of the Local Government Code to outline that a municipality's extraterritorial jurisdiction can only be diminished with the governing body's written consent, except under specific judicial or agreement circumstances. This aims to provide clarity and procedures for residents who wish to request an election to detach their area from the extraterritorial jurisdiction of a municipality.

Sentiment

Sentiments surrounding SB1108 appear cautiously optimistic among local governance proponents, who believe that the bill enhances democratic engagement by giving residents the power to impact their extraterritorial jurisdiction status. While supporters may argue that this is a necessary response to promote localized governance, critics may express concerns regarding potential abuse of such measures, whereby a handful of residents could challenge the larger municipal authority, leading to fragmentation of municipal jurisdiction.

Contention

The main contention surrounding SB1108 includes discussions about the balance of power between local residents and municipal authorities. Opponents may argue that allowing residents to petition for elections could undermine the stability and cohesiveness of regional governance, leading to a potential patchwork of jurisdictions that complicate regulatory consistency. Supporters counter that it provides a vital check against overreach by municipalities, allowing for tailored governance that better fits the local population's needs.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 42. Extraterritorial Jurisdiction Of Municipalities
    • Section: New Section
    • Section: 101
    • Section: 102
    • Section: 103

Companion Bills

No companion bills found.

Similar Bills

TX SB2038

Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.

TX HB5217

Relating to release of an area from and limitations on the expansion of a municipality's extraterritorial jurisdiction.

TX HB443

Relating to the extraterritorial jurisdiction of certain municipalities.

TX SB2016

Relating to limitations on annexation by, extraterritorial jurisdiction of, and the authority to provide electric service of certain municipalities.

TX SB1992

Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.

TX HB3519

Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.

TX HB4059

Relating to limitations on annexation by and extraterritorial jurisdiction of certain municipalities.

TX HB63

Relating to the extraterritorial jurisdiction of and municipal annexation by certain municipalities.