| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the transfer of extraterritorial jurisdiction between |
|
|
certain home-rule and general-law municipalities and annexation of |
|
|
certain territory by the general-law municipalities. |
|
|
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 42.027 to read as follows: |
|
|
Sec. 42.027. TRANSFER OF EXTRATERRITORIAL JURISDICTION |
|
|
BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In |
|
|
this section: |
|
|
(1) "Accepting municipality" means a Type A |
|
|
general-law municipality with a population of less than 4,000 |
|
|
located in a county adjacent to a county in which a releasing |
|
|
municipality is primarily located. |
|
|
(2) "Releasing municipality" means a home-rule |
|
|
municipality with a population of more than 750,000 and less than |
|
|
one million. |
|
|
(b) The governing body of an accepting municipality by |
|
|
resolution or ordinance may include in the accepting municipality's |
|
|
extraterritorial jurisdiction and exclude from the releasing |
|
|
municipality's extraterritorial jurisdiction, without the |
|
|
releasing municipality's consent, an area that is in the |
|
|
extraterritorial jurisdiction of the releasing municipality if the |
|
|
area: |
|
|
(1) is not, as of September 30, 2014, identified for |
|
|
annexation by the releasing municipality in the releasing |
|
|
municipality's annexation plan under Section 43.052; and |
|
|
(2) is contiguous to the accepting municipality's |
|
|
corporate limits or extraterritorial jurisdiction as of the |
|
|
effective date of the resolution or ordinance. |
|
|
(c) The total area that may be transferred from a releasing |
|
|
municipality's extraterritorial jurisdiction to an accepting |
|
|
municipality's extraterritorial jurisdiction under this section |
|
|
may not exceed in size the area contained in the corporate limits of |
|
|
the accepting municipality as of the date of the transfer. |
|
|
(d) An accepting municipality that has adopted a resolution |
|
|
or ordinance under Subsection (b) may annex the following in the |
|
|
manner provided by Subchapter C, Chapter 43: |
|
|
(1) any territory located in the accepting |
|
|
municipality's extraterritorial jurisdiction before January 1, |
|
|
2015; and |
|
|
(2) any area transferred to the accepting |
|
|
municipality's extraterritorial jurisdiction under this section. |
|
|
(e) An area to be transferred under this section must be |
|
|
identified by a map and a metes and bounds description that must be |
|
|
attached to or included in the resolution or ordinance. The map and |
|
|
metes and bounds description need not be established by an |
|
|
on-the-ground survey. |
|
|
(f) A copy of the resolution or ordinance adopted by the |
|
|
accepting municipality must be published once in a newspaper of |
|
|
general circulation within the accepting municipality and once in a |
|
|
newspaper of general circulation within the releasing municipality |
|
|
not later than the 30th day after the date the resolution or |
|
|
ordinance is adopted. If the newspaper in which publication is made |
|
|
is a newspaper of general circulation in both municipalities, only |
|
|
one publication of the copy of the resolution or ordinance is |
|
|
required. |
|
|
(g) The transfer of extraterritorial jurisdiction |
|
|
identified in the resolution or ordinance is effective on the 10th |
|
|
day after the date of publication under Subsection (f). |
|
|
(h) To the extent of any conflict, this section controls |
|
|
over another provision of a home-rule charter, this chapter, or |
|
|
Chapter 43 or any other provision of this code. |
|
|
(i) A resolution or ordinance adopted under this section and |
|
|
the relevant provisions of this subchapter may be challenged only |
|
|
by a quo warranto proceeding initiated by the attorney general. |
|
|
(j) This section expires December 31, 2021. |
|
|
SECTION 2. 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, 2015. |