Bill Text: TX HB3156 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the transfer of extraterritorial jurisdiction between certain home-rule and general-law municipalities and annexation of certain territory by the general-law municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-05 - Committee report sent to Calendars [HB3156 Detail]
Download: Texas-2017-HB3156-Introduced.html
| 85R2338 JTS-F | ||
| By: Isaac | H.B. No. 3156 | |
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| relating to the transfer of extraterritorial jurisdiction between | ||
| certain home-rule and general-law municipalities and annexation of | ||
| certain territory by the general-law municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.027 to read as follows: | ||
| Sec. 42.027. TRANSFER OF EXTRATERRITORIAL JURISDICTION | ||
| BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In | ||
| this section: | ||
| (1) "Accepting municipality" means a Type A | ||
| general-law municipality with a population of less than 4,000 | ||
| located in a county adjacent to a county in which a releasing | ||
| municipality is primarily located. | ||
| (2) "Releasing municipality" means a home-rule | ||
| municipality with a population of more than 750,000 and less than | ||
| one million. | ||
| (b) The governing body of an accepting municipality by | ||
| resolution or ordinance may include in the accepting municipality's | ||
| extraterritorial jurisdiction and exclude from the releasing | ||
| municipality's extraterritorial jurisdiction, without the | ||
| releasing municipality's consent, an area that is in the | ||
| extraterritorial jurisdiction of the releasing municipality if the | ||
| area: | ||
| (1) is not, as of September 30, 2016, identified for | ||
| annexation by the releasing municipality in the releasing | ||
| municipality's annexation plan under Section 43.052; and | ||
| (2) is contiguous to the accepting municipality's | ||
| corporate limits or extraterritorial jurisdiction as of the | ||
| effective date of the resolution or ordinance. | ||
| (c) The total area that may be transferred from a releasing | ||
| municipality's extraterritorial jurisdiction to an accepting | ||
| municipality's extraterritorial jurisdiction under this section | ||
| may not exceed in size the area contained in the corporate limits of | ||
| the accepting municipality as of the date of the transfer. | ||
| (d) An accepting municipality that has adopted a resolution | ||
| or ordinance under Subsection (b) may annex the following in the | ||
| manner provided by Subchapter C, Chapter 43: | ||
| (1) any territory located in the accepting | ||
| municipality's extraterritorial jurisdiction before January 1, | ||
| 2017; and | ||
| (2) any area transferred to the accepting | ||
| municipality's extraterritorial jurisdiction under this section. | ||
| (e) An area to be transferred under this section must be | ||
| identified by a map and a metes and bounds description that must be | ||
| attached to or included in the resolution or ordinance. The map and | ||
| metes and bounds description need not be established by an | ||
| on-the-ground survey. | ||
| (f) A copy of the resolution or ordinance adopted by the | ||
| accepting municipality must be published once in a newspaper of | ||
| general circulation within the accepting municipality and once in a | ||
| newspaper of general circulation within the releasing municipality | ||
| not later than the 30th day after the date the resolution or | ||
| ordinance is adopted. If the newspaper in which publication is made | ||
| is a newspaper of general circulation in both municipalities, only | ||
| one publication of the copy of the resolution or ordinance is | ||
| required. | ||
| (g) The transfer of extraterritorial jurisdiction | ||
| identified in the resolution or ordinance is effective on the 10th | ||
| day after the date of publication under Subsection (f). | ||
| (h) To the extent of any conflict, this section controls | ||
| over another provision of a home-rule charter, this chapter, or | ||
| Chapter 43 or any other provision of this code. | ||
| (i) A resolution or ordinance adopted under this section and | ||
| the relevant provisions of this subchapter may be challenged only | ||
| by a quo warranto proceeding initiated by the attorney general. | ||
| (j) This section expires December 31, 2023. | ||
| SECTION 2. 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, 2017. | ||
