Texas 2025 - 89th Regular

Texas Senate Bill SB2523 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13068 CS-F
2	2	By: Bettencourt S.B. No. 2523
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of an area from the extraterritorial
10	10	jurisdiction of a municipality by petition.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 42.023, Local Government Code, is
13	13	amended to read as follows:
14	14	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
15	15	The extraterritorial jurisdiction of a municipality may not be
16	16	reduced unless the governing body of the municipality gives its
17	17	written consent by ordinance or resolution, except:
18	18	(1) in cases of judicial apportionment of overlapping
19	19	extraterritorial jurisdictions under Section 42.901;
20	20	(2) in accordance with an agreement under Section
21	21	42.022(d); [or]
22	22	(3) as necessary to comply with Section 42.0235; or
23	23	(4) as necessary to comply with Subchapter D or E.
24	24	SECTION 2. Section 42.102, Local Government Code, is
25	25	amended to read as follows:
26	26	Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
27	27	resident of an area in a municipality's extraterritorial
28	28	jurisdiction may file a petition with the municipality in
29	29	accordance with this subchapter for the area to be released from the
30	30	extraterritorial jurisdiction. A resident may only file for
31	31	release of an area if the resident resides in the area subject to
32	32	the release.
33	33	(b) The owner or owners of the majority in value of an area
34	34	consisting of one or more parcels of land in a municipality's
35	35	extraterritorial jurisdiction may file a petition with the
36	36	municipality in accordance with this subchapter for the area to be
37	37	released from the extraterritorial jurisdiction. An area that is
38	38	the subject of the petition may only include parcels for which the
39	39	owner or owners have an ownership interest.
40	40	SECTION 3. Section 42.104(a), Local Government Code, is
41	41	amended to read as follows:
42	42	(a) A petition requesting release under this subchapter
43	43	must be signed by:
44	44	(1) more than 50 percent of the registered voters of
45	45	the area described by the petition as of the date of the preceding
46	46	uniform election date; or
47	47	(2) a majority in value of the holders of title of land
48	48	in the area described by the petition, based on the aggregated
49	49	appraised value of all real property located in the area as
50	50	indicated by the most recent appraisal roll submitted to the
51	51	municipality under Chapter 26, Tax Code [tax rolls of the
52	52	applicable central appraisal district].
53	53	SECTION 4. Section 42.105, Local Government Code, is
54	54	amended by amending Subsection (b) and adding Subsection (b-1) to
55	55	read as follows:
56	56	(b) The municipality shall notify the residents and
57	57	landowners of the area described by the petition that the
58	58	municipality has received the petition. The municipality shall
59	59	provide the notice required by this subsection not later than the
60	60	seventh business day after the date the municipality receives the
61	61	petition.
62	62	(b-1) The municipality shall notify the residents and
63	63	landowners of the area described by the petition of the results of
64	64	the petition. The municipality may satisfy the requirement of this
65	65	subsection [this requirement] by notifying the person who filed the
66	66	petition under Section 42.102.
67	67	SECTION 5. Subchapter D, Chapter 42, Local Government Code,
68	68	is amended by adding Section 42.106 to read as follows:
69	69	Sec. 42.106. OPT OUT OF REMOVAL. Before an area is released
70	70	from a municipality's extraterritorial jurisdiction under this
71	71	subchapter, a landowner in the area to be released must be permitted
72	72	to opt their property out of the release.
73	73	SECTION 6. This Act takes effect September 1, 2025.