Bill Text: TX HB443 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the extraterritorial jurisdiction of certain municipalities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2023-04-05 - Left pending in committee [HB443 Detail]

Download: Texas-2023-HB443-Introduced.html
  88R2192 DRS-F
 
  By: Schofield H.B. No. 443
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the extraterritorial jurisdiction of certain
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.021, Local Government Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  This subsection applies only to a municipality with a
  population of 1.8 million or more.  For the purpose of determining
  the extraterritorial jurisdiction of a municipality to which this
  subsection applies, only the territory of the municipality within
  the defined boundaries of the municipality that is receiving full
  municipal police and fire protection services is considered to be
  within the corporate boundaries of the municipality.  The
  extraterritorial jurisdiction of the municipality is the
  unincorporated area that is located within five miles of the
  corporate boundaries of the municipality as determined under this
  subsection, provided that the unincorporated area is contiguous to
  the defined boundaries of the municipality and not within the
  extraterritorial jurisdiction of another municipality.
         SECTION 2.  Section 42.022, Local Government Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  This section does not apply to a municipality with a
  population of 1.8 million or more.
         SECTION 3.  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;
               (2)  in accordance with an agreement under Section
  42.022(d); [or]
               (3)  as necessary to comply with Section 42.0235; or
               (4)  as provided by Section 42.021(e).
         SECTION 4.  Section 42.041(e), Local Government Code, is
  amended to read as follows:
         (e)  This section applies only to the proposed
  municipality's area located in the extraterritorial jurisdiction
  of an [the] existing municipality with a population of less than 1.8
  million.
         SECTION 5.  Section 42.902, Local Government Code, is
  amended to read as follows:
         Sec. 42.902.  RESTRICTION AGAINST IMPOSING TAX IN
  EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the
  extraterritorial jurisdiction of a municipality does not by itself
  authorize the municipality to impose a tax in the area.
         (b)  A municipality with a population of 1.8 million or more
  may not impose a tax in the extraterritorial jurisdiction of the
  municipality unless:
               (1)  the municipality is otherwise authorized by law to
  impose the tax in the extraterritorial jurisdiction; and
               (2)  the municipality provides police and fire
  protection services within the extraterritorial jurisdiction.
         SECTION 6.  This Act takes effect September 1, 2023.
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