Bill Text: TX HB3495 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the release of extraterritorial jurisdiction by certain populous municipalities for certain purposes, including municipal incorporation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Land & Resource Management [HB3495 Detail]
Download: Texas-2017-HB3495-Introduced.html
85R10937 PAM-D | ||
By: Schofield | H.B. No. 3495 |
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relating to the release of extraterritorial jurisdiction by certain | ||
populous municipalities for certain purposes, including municipal | ||
incorporation. | ||
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 BY | ||
CERTAIN POPULOUS MUNICIPALITIES FOR CERTAIN PURPOSES. (a) In this | ||
section: | ||
(1) "Adopting municipality" means a municipality the | ||
extraterritorial jurisdiction of which is less than the designated | ||
distance that would otherwise be applied under Section 42.021 | ||
because the extraterritorial jurisdiction of a releasing | ||
municipality was previously established. | ||
(2) "Releasing municipality" means a municipality | ||
with a population of 1.8 million or more. | ||
(b) A releasing municipality shall release an area from its | ||
extraterritorial jurisdiction and an adopting municipality shall | ||
include the area in its extraterritorial jurisdiction if: | ||
(1) the adopting municipality receives: | ||
(A) a petition that: | ||
(i) is signed by a majority of the | ||
registered voters of the area that requests the municipality to | ||
annex the area; and | ||
(ii) includes a metes and bounds | ||
description of the area to be annexed; and | ||
(B) the releasing municipality receives: | ||
(i) a resolution from the adopting | ||
municipality that states the adopting municipality's intention to | ||
annex the area described in the petition under Paragraph (A) by | ||
consent of the voters of the area; and | ||
(ii) a copy of the petition described under | ||
Paragraph (A); and | ||
(2) the boundaries of the adopting municipality are | ||
located contiguous to the area and within the designated distance | ||
applicable to that municipality under Section 42.021. | ||
(c) A releasing municipality shall release the area | ||
described under Subsection (b)(1)(A)(ii) not later than the 30th | ||
day after the date the municipality receives the documents | ||
described by Subsection (b)(1)(B) from a municipality that | ||
satisfies the conditions of Subsection (b)(2). | ||
(d) The annexation of an area described under Subsection | ||
(b)(1)(A)(ii) by the adopting municipality must be completed on or | ||
before the first anniversary of the date the releasing municipality | ||
releases the area or the release of the area from that | ||
municipality's extraterritorial jurisdiction is void. | ||
SECTION 2. Section 42.041, Local Government Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) This section does not apply if the existing municipality | ||
is a municipality with a population of 1.8 million or more. | ||
SECTION 3. 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. |