Bill Text: TX HB3519 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-13 - Left pending in committee [HB3519 Detail]
Download: Texas-2021-HB3519-Introduced.html
| 87R3578 SCL-D | ||
| By: Deshotel | H.B. No. 3519 | |
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| relating to release of an area from a municipality's | ||
| extraterritorial jurisdiction by petition or election. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 42, Local Government Code, is amended by | ||
| adding Subchapters D and E to read as follows: | ||
| SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM | ||
| EXTRATERRITORIAL JURISDICTION BY PETITION | ||
| Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. A | ||
| resident of an area with a population of less than 200 and 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 if the | ||
| area has been in the extraterritorial jurisdiction for at least one | ||
| year. | ||
| Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277, | ||
| Election Code, applies to a petition requesting removal under this | ||
| subchapter. | ||
| Sec. 42.103. PETITION REQUIREMENTS. (a) A petition | ||
| requesting release under this subchapter must be signed by 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. | ||
| (b) A person filing a petition under this subchapter must | ||
| satisfy the signature requirement described by Subsection (a) not | ||
| later than the 180th day after the date the first signature for the | ||
| petition is obtained. | ||
| (c) A signature collected under this section must be in | ||
| writing. | ||
| (d) The petition must include a map of and describe the area | ||
| to be released. | ||
| Sec. 42.104. RESULTS OF PETITION. (a) When the petition | ||
| period prescribed by Section 42.103 ends, a petition requesting | ||
| removal under this subchapter shall be verified by the municipal | ||
| secretary or other person responsible for verifying signatures. | ||
| The municipality must notify the residents and landowners of the | ||
| area described by the petition of the results of the petition. | ||
| (b) If a resident does not obtain the number of signatures | ||
| on the petition required to release the area from the | ||
| municipality's extraterritorial jurisdiction, a resident may not | ||
| file another petition under Section 42.101 to release the same or | ||
| substantially same area from the municipality's extraterritorial | ||
| jurisdiction until the first anniversary of the date the petition | ||
| period ended. | ||
| (c) If a resident obtains the number of signatures on the | ||
| petition required under Section 42.103 to release the area from the | ||
| municipality's extraterritorial jurisdiction, the municipality | ||
| shall immediately release the area from its extraterritorial | ||
| jurisdiction. | ||
| SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM | ||
| EXTRATERRITORIAL JURISDICTION BY ELECTION | ||
| Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE. | ||
| (a) A resident of an area with a population of 200 or more and that | ||
| has been in a municipality's extraterritorial jurisdiction for at | ||
| least one year may request the municipality to hold an election in | ||
| accordance with this subchapter to vote on the question of whether | ||
| to release the area from the municipality's extraterritorial | ||
| jurisdiction by filing with the municipality a petition that | ||
| includes the signatures of at least five percent of the registered | ||
| voters residing in the area as of the date of the preceding uniform | ||
| election date. | ||
| (b) A resident may not request another election on the | ||
| question of releasing the same or substantially same area from the | ||
| municipality's extraterritorial jurisdiction before the first | ||
| anniversary of the date the municipality receives a petition filed | ||
| under Subsection (a). | ||
| (c) The petition must include a map of and describe the area | ||
| to be released. | ||
| Sec. 42.152. ELECTION. (a) A municipality shall order an | ||
| election on the question of whether to release an area from the | ||
| municipality's extraterritorial jurisdiction to be held on the | ||
| first uniform election date that falls on or after the 90th day | ||
| after the date the municipality receives a petition that complies | ||
| with Section 42.151. | ||
| (b) The municipality shall hold the election ordered under | ||
| this section in the area described by the petition. | ||
| (c) An election ordered under this section must be held in | ||
| the same manner as general elections of the municipality. The | ||
| municipality shall pay for the costs of holding the election. | ||
| Sec. 42.153. RESULTS OF ELECTION. (a) Following an | ||
| election held under this subchapter, the municipality shall notify | ||
| the residents of the area proposed to be released from the | ||
| municipality's extraterritorial jurisdiction of the results of the | ||
| election. | ||
| (b) If at the election held under this subchapter a majority | ||
| of voters approve the proposed release, the municipality shall | ||
| immediately release the area for which the election was held from | ||
| the municipality's extraterritorial jurisdiction. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
