Texas 2023 - 88th Regular

Texas Senate Bill SB2038 Compare Versions

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1	1	S.B. No. 2038
2	2
3	3
4	4	AN ACT
5	5	relating to release of an area from a municipality's
6	6	extraterritorial jurisdiction by petition or election.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 42, Local Government Code, is amended by
9	9	adding Subchapters D and E to read as follows:
10	10	SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENT
11	11	FROM EXTRATERRITORIAL JURISDICTION
12	12	Sec. 42.101. APPLICABILITY. This subchapter does not apply
13	13	to an area located:
14	14	(1) within five miles of the boundary of a military
15	15	base, as defined by Section 43.0117, at which an active training
16	16	program is conducted;
17	17	(2) in an area that was voluntarily annexed into the
18	18	extraterritorial jurisdiction that is located in a county:
19	19	(A) in which the population grew by more than 50
20	20	percent from the previous federal decennial census in the federal
21	21	decennial census conducted in 2020; and
22	22	(B) that has a population greater than 240,000;
23	23	(3) within the portion of the extraterritorial
24	24	jurisdiction of a municipality with a population of more than 1.4
25	25	million that is:
26	26	(A) within 15 miles of the boundary of a military
27	27	base, as defined by Section 43.0117, at which an active training
28	28	program is conducted; and
29	29	(B) in a county with a population of more than two
30	30	million;
31	31	(4) in an area designated as an industrial district
32	32	under Section 42.044; or
33	33	(5) in an area subject to a strategic partnership
34	34	agreement entered into under Section 43.0751.
35	35	Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
36	36	resident of an area in a municipality's extraterritorial
37	37	jurisdiction may file a petition with the municipality in
38	38	accordance with this subchapter for the area to be released from the
39	39	extraterritorial jurisdiction.
40	40	(b) The owner or owners of the majority in value of an area
41	41	consisting of one or more parcels of land in a municipality's
42	42	extraterritorial jurisdiction may file a petition with the
43	43	municipality in accordance with this subchapter for the area to be
44	44	released from the extraterritorial jurisdiction.
45	45	Sec. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277,
46	46	Election Code, applies to a petition requesting removal under this
47	47	subchapter.
48	48	Sec. 42.104. PETITION REQUIREMENTS. (a) A petition
49	49	requesting release under this subchapter must be signed by:
50	50	(1) more than 50 percent of the registered voters of
51	51	the area described by the petition as of the date of the preceding
52	52	uniform election date; or
53	53	(2) a majority in value of the holders of title of land
54	54	in the area described by the petition, as indicated by the tax rolls
55	55	of the applicable central appraisal district.
56	56	(b) A person filing a petition under this subchapter must
57	57	satisfy the signature requirement described by Subsection (a) not
58	58	later than the 180th day after the date the first signature for the
59	59	petition is obtained.
60	60	(c) A signature collected under this section must be in
61	61	writing.
62	62	(d) The petition must include a map of the land to be
63	63	released and describe the boundaries of the land to be released by:
64	64	(1) metes and bounds; or
65	65	(2) lot and block number, if there is a recorded map or
66	66	plat.
67	67	Sec. 42.105. RESULTS OF PETITION. (a) A petition
68	68	requesting removal under this subchapter shall be verified by the
69	69	municipal secretary or other person responsible for verifying
70	70	signatures.
71	71	(b) The municipality shall notify the residents and
72	72	landowners of the area described by the petition of the results of
73	73	the petition. The municipality may satisfy this requirement by
74	74	notifying the person who filed the petition under Section 42.102.
75	75	(c) If a resident or landowner obtains the number of
76	76	signatures on the petition required under Section 42.104 to release
77	77	the area from the municipality's extraterritorial jurisdiction,
78	78	the municipality shall immediately release the area from the
79	79	municipality's extraterritorial jurisdiction.
80	80	(d) If a municipality fails to take action to release the
81	81	area under Subsection (c) by the later of the 45th day after the
82	82	date the municipality receives the petition or the next meeting of
83	83	the municipality's governing body that occurs after the 30th day
84	84	after the date the municipality receives the petition, the area is
85	85	released by operation of law.
86	86	(e) Notwithstanding any other law, an area released from a
87	87	municipality's extraterritorial jurisdiction under this section
88	88	may not be included in the extraterritorial jurisdiction or the
89	89	corporate boundaries of a municipality, unless the owner or owners
90	90	of the area subsequently request that the area be included in the
91	91	municipality's extraterritorial jurisdiction or corporate
92	92	boundaries.
93	93	SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM EXTRATERRITORIAL
94	94	JURISDICTION
95	95	Sec. 42.151. APPLICABILITY. This subchapter does not apply
96	96	to an area located:
97	97	(1) within five miles of the boundary of a military
98	98	base, as defined by Section 43.0117, at which an active training
99	99	program is conducted;
100	100	(2) in an area that was voluntarily annexed into the
101	101	extraterritorial jurisdiction that is located in a county:
102	102	(A) in which the population grew by more than 50
103	103	percent from the previous federal decennial census in the federal
104	104	decennial census conducted in 2020; and
105	105	(B) that has a population greater than 240,000;
106	106	(3) within the portion of the extraterritorial
107	107	jurisdiction of a municipality with a population of more than 1.4
108	108	million that is:
109	109	(A) within 15 miles of the boundary of a military
110	110	base, as defined by Section 43.0117, at which an active training
111	111	program is conducted; and
112	112	(B) in a county with a population of more than two
113	113	million;
114	114	(4) in an area designated as an industrial district
115	115	under Section 42.044; or
116	116	(5) in an area subject to a strategic partnership
117	117	agreement entered into under Section 43.0751.
118	118	Sec. 42.152. AUTHORITY TO REQUEST ELECTION FOR RELEASE.
119	119	(a) A resident of an area in a municipality's extraterritorial
120	120	jurisdiction may request the municipality to hold an election in
121	121	accordance with this subchapter to vote on the question of whether
122	122	to release the area from the municipality's extraterritorial
123	123	jurisdiction by filing with the municipality a petition that
124	124	includes the signatures of at least five percent of the registered
125	125	voters residing in the area as of the date of the preceding uniform
126	126	election date.
127	127	(b) A resident may not request another election on the
128	128	question of releasing the same or substantially same area from the
129	129	municipality's extraterritorial jurisdiction before the second
130	130	anniversary of the date the municipality receives a petition filed
131	131	under Subsection (a).
132	132	(c) The petition must include a map of the land to be
133	133	released and describe the boundaries of the land to be released by:
134	134	(1) metes and bounds; or
135	135	(2) lot and block number, if there is a recorded map or
136	136	plat.
137	137	Sec. 42.153. ELECTION. (a) Except as provided by Section
138	138	42.156, a municipality shall order an election on the question of
139	139	whether to release an area from the municipality's extraterritorial
140	140	jurisdiction to be held on the first uniform election date that
141	141	falls on or after the 90th day after the date the municipality
142	142	receives a petition that complies with Section 42.152.
143	143	(b) The municipality shall hold the election ordered under
144	144	this section in the area described by the petition at which the
145	145	qualified voters of the area described by the petition may vote on
146	146	the question of the release.
147	147	(c) An election ordered under this section must be held in
148	148	the same manner as general elections of the municipality. The
149	149	municipality shall pay for the costs of holding the election.
150	150	Sec. 42.154. RESULTS OF ELECTION. (a) The governing body
151	151	of a municipality shall canvass the election returns for an
152	152	election held under this subchapter in accordance with Chapter 67,
153	153	Election Code.
154	154	(b) Not later than 48 hours after the canvass of an election
155	155	held under this subchapter, the municipality shall notify the
156	156	residents of the area proposed to be released from the
157	157	municipality's extraterritorial jurisdiction of the results of the
158	158	election. The municipality may satisfy this requirement by
159	159	notifying the person who filed the petition under Section 42.152.
160	160	Sec. 42.155. RELEASE OF AREA AS RESULT OF ELECTION. (a) If
161	161	at the election held under this subchapter a majority of qualified
162	162	voters of the area to be released approve the proposed release, the
163	163	municipality shall immediately release the area from the
164	164	municipality's extraterritorial jurisdiction.
165	165	(b) If the municipality fails to take action to release the
166	166	area under Subsection (a) by the later of the next meeting of the
167	167	municipality's governing body or the 15th day after the canvass
168	168	date for the election, the area is released by operation of law.
169	169	(c) Notwithstanding any other law, an area released from a
170	170	municipality's extraterritorial jurisdiction under this section
171	171	may not be included in the extraterritorial jurisdiction or the
172	172	corporate boundaries of a municipality, unless the owner or owners
173	173	of the area subsequently request that the area be included in the
174	174	municipality's extraterritorial jurisdiction or corporate
175	175	boundaries.
176	176	Sec. 42.156. VOLUNTARY RELEASE. Instead of holding an
177	177	election under Section 42.153, the municipality may voluntarily
178	178	release the area for which the election is to be held from the
179	179	municipality's extraterritorial jurisdiction before the date on
180	180	which the election would have been held under Section 42.153(a).
181	181	SECTION 2. Section 42.021, Local Government Code, is
182	182	amended by adding Subsection (e) to read as follows:
183	183	(e) An annexation commenced after January 1, 2023, does not
184	184	expand the extraterritorial jurisdiction of a municipality unless
185	185	contemporaneously with the annexation the owner or owners of the
186	186	area that would be included in the municipality's extraterritorial
187	187	jurisdiction as a result of the annexation request that the area be
188	188	included in the municipality's extraterritorial jurisdiction.
189	189	SECTION 3. Section 242.001, Local Government Code, is
190	190	amended by adding Subsection (j) to read as follows:
191	191	(j) If an area subject to an agreement under Subsection (c)
192	192	is removed from a municipality's extraterritorial jurisdiction,
193	193	the agreement is terminated as to the area and the county is the
194	194	political subdivision authorized to regulate subdivisions in the
195	195	removed area.
196	196	SECTION 4. A municipality shall release extraterritorial
197	197	jurisdiction acquired from an annexation commenced after January 1,
198	198	2023, as necessary to comply with Section 42.021(e), Local
199	199	Government Code, as added by this Act.
200	200	SECTION 5. This Act takes effect September 1, 2023.
201	201	______________________________ ______________________________
202	202	President of the Senate Speaker of the House
203	203	I hereby certify that S.B. No. 2038 passed the Senate on
204	204	April 27, 2023, by the following vote: Yeas 20, Nays 11; and that
205	205	the Senate concurred in House amendments on May 8, 2023, by the
206	206	following vote: Yeas 20, Nays 11.
207	207	______________________________
208	208	Secretary of the Senate
209	209	I hereby certify that S.B. No. 2038 passed the House, with
210	210	amendments, on May 3, 2023, by the following vote: Yeas 127,
211	211	Nays 18, one present not voting.
212	212	______________________________
213	213	Chief Clerk of the House
214	214	Approved:
215	215	______________________________
216	216	Date
217	217	______________________________
218	218	Governor