Texas 2023 - 88th Regular

Texas Senate Bill SB1108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R466 SGM-D
2	2	By: Middleton S.B. No. 1108
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to release of an area from a municipality's
8	8	extraterritorial jurisdiction.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.023, Local Government Code, is
11	11	amended to read as follows:
12	12	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
13	13	The extraterritorial jurisdiction of a municipality may not be
14	14	reduced unless the governing body of the municipality gives its
15	15	written consent by ordinance or resolution, except:
16	16	(1) in cases of judicial apportionment of overlapping
17	17	extraterritorial jurisdictions under Section 42.901;
18	18	(2) in accordance with an agreement under Section
19	19	42.022(d); or
20	20	(3) as necessary to comply with Section 42.0235 or
21	21	42.103(b).
22	22	SECTION 2. Chapter 42, Local Government Code, is amended by
23	23	adding Subchapter D to read as follows:
24	24	SUBCHAPTER D. RELEASE OF AREA FROM EXTRATERRITORIAL JURISDICTION BY
25	25	ELECTION
26	26	Sec. 42.101. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
27	27	(a) Except as provided by Subsection (b), a resident of an area in a
28	28	municipality's extraterritorial jurisdiction may file a petition
29	29	to request an election on the question of whether to release the
30	30	area from the municipality's extraterritorial jurisdiction. The
31	31	petition must include:
32	32	(1) the signatures of at least five percent of the
33	33	registered voters residing in the area; and
34	34	(2) a map and description of the area.
35	35	(b) A resident may not request another election on the
36	36	question of releasing the same or substantially same area from the
37	37	municipality's extraterritorial jurisdiction before the first
38	38	anniversary of the date the municipality receives the initial
39	39	petition filed under Subsection (a).
40	40	Sec. 42.102. ELECTION. (a) A municipality that receives a
41	41	petition under Section 42.101 for the release of an area from the
42	42	municipality's extraterritorial jurisdiction shall order an
43	43	election on the question of whether to release the area to be held
44	44	on the first uniform election date that falls on or after the date
45	45	the municipality receives the petition.
46	46	(b) The municipality shall hold the election ordered under
47	47	this section in the area described by the petition.
48	48	(c) An election ordered under this section shall be held in
49	49	the same manner as general elections of the municipality. The
50	50	municipality shall pay for the costs of holding the election.
51	51	Sec. 42.103. RESULTS OF ELECTION. (a) Following an
52	52	election held under this subchapter, the municipality must notify
53	53	the residents of the area proposed to be released from the
54	54	municipality's extraterritorial jurisdiction of the results of the
55	55	election.
56	56	(b) If at the election held under this subchapter a majority
57	57	of qualified voters approve the proposed release, the municipality
58	58	shall immediately release the area for which the election was held
59	59	from the municipality's extraterritorial jurisdiction.
60	60	SECTION 3. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2023.