88R466 SGM-D
By: Middleton S.B. No. 1108
A BILL TO BE ENTITLED
AN ACT
relating to release of an area from a municipality's
extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.023, Local Government Code, is
amended to read as follows:
Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
The extraterritorial jurisdiction of a municipality may not be
reduced unless the governing body of the municipality gives its
written consent by ordinance or resolution, except:
(1) in cases of judicial apportionment of overlapping
extraterritorial jurisdictions under Section 42.901;
(2) in accordance with an agreement under Section
42.022(d); or
(3) as necessary to comply with Section 42.0235 or
42.103(b).
SECTION 2. Chapter 42, Local Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. RELEASE OF AREA FROM EXTRATERRITORIAL JURISDICTION BY
ELECTION
Sec. 42.101. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
(a) Except as provided by Subsection (b), a resident of an area in a
municipality's extraterritorial jurisdiction may file a petition
to request an election on the question of whether to release the
area from the municipality's extraterritorial jurisdiction. The
petition must include:
(1) the signatures of at least five percent of the
registered voters residing in the area; and
(2) a map and description of the area.
(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 the initial
petition filed under Subsection (a).
Sec. 42.102. ELECTION. (a) A municipality that receives a
petition under Section 42.101 for the release of an area from the
municipality's extraterritorial jurisdiction shall order an
election on the question of whether to release the area to be held
on the first uniform election date that falls on or after the date
the municipality receives the petition.
(b) The municipality shall hold the election ordered under
this section in the area described by the petition.
(c) An election ordered under this section shall be held in
the same manner as general elections of the municipality. The
municipality shall pay for the costs of holding the election.
Sec. 42.103. RESULTS OF ELECTION. (a) Following an
election held under this subchapter, the municipality must 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 approve the proposed release, the municipality
shall immediately release the area for which the election was held
from the municipality's extraterritorial jurisdiction.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.