89R13068 CS-F
By: Bettencourt S.B. No. 2523
A BILL TO BE ENTITLED
AN ACT
relating to the release of an area from the extraterritorial
jurisdiction of a municipality by petition.
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
(4) as necessary to comply with Subchapter D or E.
SECTION 2. Section 42.102, Local Government Code, is
amended to read as follows:
Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A
resident of an area in a municipality's extraterritorial
jurisdiction may file a petition with the municipality in
accordance with this subchapter for the area to be released from the
extraterritorial jurisdiction. A resident may only file for
release of an area if the resident resides in the area subject to
the release.
(b) The owner or owners of the majority in value of an area
consisting of one or more parcels of land in a municipality's
extraterritorial jurisdiction may file a petition with the
municipality in accordance with this subchapter for the area to be
released from the extraterritorial jurisdiction. An area that is
the subject of the petition may only include parcels for which the
owner or owners have an ownership interest.
SECTION 3. Section 42.104(a), Local Government Code, is
amended to read as follows:
(a) A petition requesting release under this subchapter
must be signed by:
(1) more than 50 percent of the registered voters of
the area described by the petition as of the date of the preceding
uniform election date; or
(2) a majority in value of the holders of title of land
in the area described by the petition, based on the aggregated
appraised value of all real property located in the area as
indicated by the most recent appraisal roll submitted to the
municipality under Chapter 26, Tax Code [tax rolls of the
applicable central appraisal district].
SECTION 4. Section 42.105, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) The municipality shall notify the residents and
landowners of the area described by the petition that the
municipality has received the petition. The municipality shall
provide the notice required by this subsection not later than the
seventh business day after the date the municipality receives the
petition.
(b-1) The municipality shall notify the residents and
landowners of the area described by the petition of the results of
the petition. The municipality may satisfy the requirement of this
subsection [this requirement] by notifying the person who filed the
petition under Section 42.102.
SECTION 5. Subchapter D, Chapter 42, Local Government Code,
is amended by adding Section 42.106 to read as follows:
Sec. 42.106. OPT OUT OF REMOVAL. Before an area is released
from a municipality's extraterritorial jurisdiction under this
subchapter, a landowner in the area to be released must be permitted
to opt their property out of the release.
SECTION 6. This Act takes effect September 1, 2025.