Bill Text: TX HB2902 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the extraterritorial jurisdiction of certain municipalities.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective immediately [HB2902 Detail]
Download: Texas-2011-HB2902-Enrolled.html
| H.B. No. 2902 | ||
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| relating to the extraterritorial jurisdiction of certain | ||
| municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 42.022, Local Government Code, is | ||
| amended by amending Subsection (c) and adding Subsection (d) to | ||
| read as follows: | ||
| (c) The expansion of the extraterritorial jurisdiction of a | ||
| municipality through annexation, request, or increase in the number | ||
| of inhabitants may not include any area in the existing | ||
| extraterritorial jurisdiction of another municipality, except as | ||
| provided by Subsection (d). | ||
| (d) The extraterritorial jurisdiction of a municipality may | ||
| be expanded through annexation to include area that on the date of | ||
| annexation is located in the extraterritorial jurisdiction of | ||
| another municipality if a written agreement between the | ||
| municipalities in effect on the date of annexation allocates the | ||
| area to the extraterritorial jurisdiction of the annexing | ||
| municipality. | ||
| SECTION 2. 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; or | ||
| (2) in accordance with an agreement under Section | ||
| 42.022(d). | ||
| SECTION 3. Subchapter B, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.0251 to read as follows: | ||
| Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY | ||
| CERTAIN GENERAL-LAW MUNICIPALITIES. (a) This section applies only | ||
| to a general-law municipality: | ||
| (1) that has a population of less than 3,000; | ||
| (2) that is located in a county with a population of | ||
| more than 500,000 that is adjacent to a county with a population of | ||
| more than four million; and | ||
| (3) in which at least two-thirds of the residents | ||
| reside within a gated community. | ||
| (b) A municipality shall release an area from its | ||
| extraterritorial jurisdiction not later than the 10th day after the | ||
| date the municipality receives a petition requesting that the area | ||
| be released that is signed by at least 80 percent of the owners of | ||
| real property located in the area requesting release. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2902 was passed by the House on May 4, | ||
| 2011, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2902 was passed by the Senate on May | ||
| 23, 2011, by the following vote: Yeas 30, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
