1 | 1 | | 89R3035 MZM-F |
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2 | 2 | | By: Cook H.B. No. 1901 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the release of certain areas from a municipality's |
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10 | 10 | | extraterritorial jurisdiction by petition or election. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 42.101, Local Government Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | Sec. 42.101. APPLICABILITY. This subchapter does not apply |
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15 | 15 | | to an area located: |
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16 | 16 | | (1) within: |
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17 | 17 | | (A) one-quarter mile of the corporate boundaries |
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18 | 18 | | of a municipality with a population of less than 5,000; |
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19 | 19 | | (B) one-half mile of the corporate boundaries of |
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20 | 20 | | a municipality with a population of 5,000 to 24,999; |
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21 | 21 | | (C) one mile of the corporate boundaries of a |
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22 | 22 | | municipality with a population of 25,000 to 49,999; |
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23 | 23 | | (D) 1-1/2 miles of the corporate boundaries of a |
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24 | 24 | | municipality with a population of 50,000 to 99,999; or |
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25 | 25 | | (E) 2-1/2 miles of the corporate boundaries of a |
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26 | 26 | | municipality with a population of 100,000 or more; |
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27 | 27 | | (2) within five miles of the boundary of a military |
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28 | 28 | | base, as defined by Section 43.0117, at which an active training |
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29 | 29 | | program is conducted; |
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30 | 30 | | (3) [(2)] in an area that was voluntarily annexed into |
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31 | 31 | | the extraterritorial jurisdiction that is located in a county: |
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32 | 32 | | (A) in which the population grew by more than 50 |
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33 | 33 | | percent from the previous federal decennial census in the federal |
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34 | 34 | | decennial census conducted in 2020; and |
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35 | 35 | | (B) that has a population greater than 240,000; |
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36 | 36 | | (4) [(3)] within the portion of the extraterritorial |
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37 | 37 | | jurisdiction of a municipality with a population of more than 1.4 |
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38 | 38 | | million that is: |
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39 | 39 | | (A) within 15 miles of the boundary of a military |
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40 | 40 | | base, as defined by Section 43.0117, at which an active training |
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41 | 41 | | program is conducted; and |
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42 | 42 | | (B) in a county with a population of more than two |
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43 | 43 | | million; |
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44 | 44 | | (5) [(4)] in an area designated as an industrial |
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45 | 45 | | district under Section 42.044; [or] |
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46 | 46 | | (6) [(5)] in an area subject to a strategic |
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47 | 47 | | partnership agreement entered into under Section 43.0751; or |
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48 | 48 | | (7) in an area identified in a municipality's |
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49 | 49 | | long-range master plan for land use, water infrastructure, |
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50 | 50 | | wastewater infrastructure, or roadways. |
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51 | 51 | | SECTION 2. Section 42.151, Local Government Code, is |
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52 | 52 | | amended to read as follows: |
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53 | 53 | | Sec. 42.151. APPLICABILITY. This subchapter does not apply |
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54 | 54 | | to an area located: |
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55 | 55 | | (1) within: |
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56 | 56 | | (A) one-quarter mile of the corporate boundaries |
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57 | 57 | | of a municipality with a population of less than 5,000; |
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58 | 58 | | (B) one-half mile of the corporate boundaries of |
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59 | 59 | | a municipality with a population of 5,000 to 24,999; |
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60 | 60 | | (C) one mile of the corporate boundaries of a |
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61 | 61 | | municipality with a population of 25,000 to 49,999; |
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62 | 62 | | (D) 1-1/2 miles of the corporate boundaries of a |
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63 | 63 | | municipality with a population of 50,000 to 99,999; or |
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64 | 64 | | (E) 2-1/2 miles of the corporate boundaries of a |
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65 | 65 | | municipality with a population of 100,000 or more; |
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66 | 66 | | (2) within five miles of the boundary of a military |
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67 | 67 | | base, as defined by Section 43.0117, at which an active training |
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68 | 68 | | program is conducted; |
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69 | 69 | | (3) [(2)] in an area that was voluntarily annexed into |
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70 | 70 | | the extraterritorial jurisdiction that is located in a county: |
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71 | 71 | | (A) in which the population grew by more than 50 |
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72 | 72 | | percent from the previous federal decennial census in the federal |
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73 | 73 | | decennial census conducted in 2020; and |
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74 | 74 | | (B) that has a population greater than 240,000; |
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75 | 75 | | (4) [(3)] within the portion of the extraterritorial |
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76 | 76 | | jurisdiction of a municipality with a population of more than 1.4 |
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77 | 77 | | million that is: |
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78 | 78 | | (A) within 15 miles of the boundary of a military |
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79 | 79 | | base, as defined by Section 43.0117, at which an active training |
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80 | 80 | | program is conducted; and |
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81 | 81 | | (B) in a county with a population of more than two |
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82 | 82 | | million; |
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83 | 83 | | (5) [(4)] in an area designated as an industrial |
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84 | 84 | | district under Section 42.044; [or] |
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85 | 85 | | (6) [(5)] in an area subject to a strategic |
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86 | 86 | | partnership agreement entered into under Section 43.0751; or |
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87 | 87 | | (7) in an area identified in a municipality's |
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88 | 88 | | long-range master plan for land use, water infrastructure, |
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89 | 89 | | wastewater infrastructure, or roadways. |
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90 | 90 | | SECTION 3. The changes in law made by this Act apply only to |
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91 | 91 | | the eligibility of an area to be released from a municipality's |
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92 | 92 | | extraterritorial jurisdiction as the result of a petition filed |
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93 | 93 | | under Subchapter D, Chapter 42, Local Government Code, or an |
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94 | 94 | | election requested under Subchapter E of that chapter, as |
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95 | 95 | | applicable, on or after the effective date of this Act. |
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96 | 96 | | SECTION 4. This Act takes effect September 1, 2025. |
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