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A BILL TO BE ENTITLED
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AN ACT
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relating to the extraterritorial jurisdiction of and municipal |
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annexation by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.021, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This subsection applies only to a municipality with a |
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population of 1.8 million or more. For the purpose of determining |
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the extraterritorial jurisdiction of a municipality to which this |
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subsection applies, only the territory of the municipality within |
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the defined boundaries of the municipality that is receiving full |
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municipal police and fire protection services is considered to be |
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within the corporate boundaries of the municipality. The |
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extraterritorial jurisdiction of the municipality is the |
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unincorporated area that is located within five miles of the |
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corporate boundaries of the municipality as determined under this |
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subsection, provided that the unincorporated area is contiguous to |
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the defined boundaries of the municipality and not within the |
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extraterritorial jurisdiction of another municipality. |
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SECTION 2. Section 42.022, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This section does not apply to a municipality with a |
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population of 1.8 million or more. |
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SECTION 3. Section 42.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
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The extraterritorial jurisdiction of a municipality may not be |
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reduced unless the governing body of the municipality gives its |
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written consent by ordinance or resolution, except: |
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(1) in cases of judicial apportionment of overlapping |
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extraterritorial jurisdictions under Section 42.901; |
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(2) in accordance with an agreement under Section |
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42.022(d); [or] |
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(3) as necessary to comply with Section 42.0235; or |
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(4) as provided by Section 42.021(e) or 43.038. |
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SECTION 4. Section 42.041, Local Government Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) This section does not apply to an existing municipality |
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with a population of 1.8 million or more. |
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SECTION 5. Section 42.902, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN |
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EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the |
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extraterritorial jurisdiction of a municipality does not by itself |
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authorize the municipality to impose a tax in the area. |
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(b) A municipality with a population of 1.8 million or more |
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may not impose a tax in the extraterritorial jurisdiction of the |
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municipality unless: |
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(1) the municipality is otherwise authorized by law to |
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impose the tax in the extraterritorial jurisdiction; and |
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(2) the municipality provides police and fire |
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protection within the extraterritorial jurisdiction. |
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SECTION 6. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.038 to read as follows: |
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Sec. 43.038. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of 1.8 million or more. |
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(b) Notwithstanding any provision of law, including |
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Sections 42.021 and 43.056, and subject to Subsection (c): |
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(1) on December 1, 2022, the area located in the |
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extraterritorial jurisdiction of a municipality to which this |
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section applies is released from the municipality's |
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extraterritorial jurisdiction; |
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(2) beginning on December 1, 2022, a municipality to |
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which this section applies: |
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(A) does not have and may not acquire |
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extraterritorial jurisdiction over any area; and |
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(B) is prohibited from annexing any area; and |
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(3) not later than December 1, 2022, a municipality to |
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which this section applies must: |
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(A) provide or cause the provision of full |
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municipal services as defined by Section 43.056(c), including |
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police and fire protection, to all areas annexed by the |
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municipality; or |
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(B) disannex any area in which the municipality |
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is not providing or causing the provision of full municipal |
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services. |
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(c) A provision of Subsection (b) applies only to the extent |
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that the application of the provision does not impair an obligation |
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under the provision of a contract or other agreement. |
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(d) A municipality to which this section applies may not |
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enter into or renew a contract or other agreement after December 1, |
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2017, that would create an obligation that would be impaired by a |
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provision of Subsection (b). |
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SECTION 7. This Act takes effect December 1, 2017. |