Bill Text: TX HB3454 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to municipal release of extraterritorial jurisdiction and disannexation involving certain areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Comm. report sent to Local & Consent Calendar [HB3454 Detail]
Download: Texas-2019-HB3454-Introduced.html
Bill Title: Relating to municipal release of extraterritorial jurisdiction and disannexation involving certain areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Comm. report sent to Local & Consent Calendar [HB3454 Detail]
Download: Texas-2019-HB3454-Introduced.html
86R5402 SCL-D | ||
By: Toth | H.B. No. 3454 |
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relating to the release of extraterritorial jurisdiction by a | ||
municipality involving certain areas. | ||
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 42.0252 to read as follows: | ||
Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION: | ||
CERTAIN AREAS. (a) This section applies only in the | ||
extraterritorial jurisdiction of a municipality to: | ||
(1) an area that is subject to a legal determination | ||
that the municipality failed to provide or agree to provide | ||
adequate services to the area; or | ||
(2) an area that is: | ||
(A) adjacent to an area described by Subdivision | ||
(1); | ||
(B) part of a real estate subdivision that | ||
contains all or part of an area described by Subdivision (1); and | ||
(C) under the jurisdiction of a single property | ||
owners' association that governs the entire real estate | ||
subdivision. | ||
(b) A majority of the registered voters in an area described | ||
by Subsection (a)(1) or in a portion of the area may petition the | ||
municipality to release the area from the municipality's | ||
extraterritorial jurisdiction. | ||
(c) A majority of the registered voters in an area described | ||
by Subsection (a)(2) may petition the municipality to release the | ||
area from the municipality's extraterritorial jurisdiction if a | ||
petition has been filed under Subsection (b) for another area | ||
located in the same real estate subdivision. | ||
(d) A petition described by this section must be filed with | ||
the secretary or clerk of the municipality. | ||
(e) Not later than the 10th day after the date the secretary | ||
or clerk receives a petition under this section, the secretary or | ||
clerk shall determine whether the petition is valid. If the | ||
petition is determined valid, the governing body of the | ||
municipality shall immediately enter in the minutes or records of | ||
the municipality an order releasing the area from the | ||
municipality's extraterritorial jurisdiction. | ||
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, 2019. |