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AN ACT
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relating to the extraterritorial jurisdiction of certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.022, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) The expansion of the extraterritorial jurisdiction of a |
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municipality through annexation, request, or increase in the number |
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of inhabitants may not include any area in the existing |
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extraterritorial jurisdiction of another municipality, except as |
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provided by Subsection (d). |
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(d) The extraterritorial jurisdiction of a municipality may |
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be expanded through annexation to include area that on the date of |
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annexation is located in the extraterritorial jurisdiction of |
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another municipality if a written agreement between the |
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municipalities in effect on the date of annexation allocates the |
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area to the extraterritorial jurisdiction of the annexing |
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municipality. |
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SECTION 2. 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; or |
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(2) in accordance with an agreement under Section |
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42.022(d). |
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SECTION 3. Subchapter B, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0251 to read as follows: |
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Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY |
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CERTAIN GENERAL-LAW MUNICIPALITIES. (a) This section applies only |
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to a general-law municipality: |
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(1) that has a population of less than 3,000; |
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(2) that is located in a county with a population of |
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more than 500,000 that is adjacent to a county with a population of |
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more than four million; and |
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(3) in which at least two-thirds of the residents |
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reside within a gated community. |
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(b) A municipality shall release an area from its |
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extraterritorial jurisdiction not later than the 10th day after the |
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date the municipality receives a petition requesting that the area |
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be released that is signed by at least 80 percent of the owners of |
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real property located in the area requesting release. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2902 was passed by the House on May 4, |
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2011, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2902 was passed by the Senate on May |
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23, 2011, by the following vote: Yeas 30, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |