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AN ACT
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relating to limitations on annexation by and extraterritorial |
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jurisdiction of certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.023, 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); or |
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(3) as necessary to comply with Section 42.0235. |
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SECTION 2. Subchapter B, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0235 to read as follows: |
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Sec. 42.0235. LIMITATION ON EXTRATERRITORIAL JURISDICTION |
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OF CERTAIN MUNICIPALITIES. (a) Notwithstanding Section 42.021, the |
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extraterritorial jurisdiction of a municipality with a population |
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of more than 175,000 located in a county that contains an |
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international border and borders the Gulf of Mexico terminates two |
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miles from the extraterritorial jurisdiction of a neighboring |
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municipality if extension of the extraterritorial jurisdiction |
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beyond that limit would: |
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(1) completely surround the corporate boundaries or |
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extraterritorial jurisdiction of the neighboring municipality; and |
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(2) limit the growth of the neighboring municipality |
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by precluding the expansion of the neighboring municipality's |
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extraterritorial jurisdiction. |
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(b) A municipality shall release extraterritorial |
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jurisdiction as necessary to comply with Subsection (a). |
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(c) Notwithstanding any other law, a municipality that owns |
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an electric system and that releases extraterritorial jurisdiction |
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under Subsection (b) may provide electric service in the released |
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area to the same extent that the service would have been provided if |
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the municipality had annexed the area. |
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SECTION 3. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.037 to read as follows: |
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Sec. 43.037. PROHIBITION AGAINST ANNEXATION TO SURROUND |
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MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population |
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of more than 175,000 located in a county that contains an |
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international border and borders the Gulf of Mexico may not annex an |
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area that would cause another municipality to be entirely |
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surrounded by the corporate limits or extraterritorial |
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jurisdiction of the annexing municipality. |
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SECTION 4. The change in law made by Section 43.037, Local |
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Government Code, as added by this Act, applies to any annexation, |
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including an annexation proposed in an annexation plan under |
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Section 43.052, Local Government Code, that is not final before the |
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effective date of this Act. |
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SECTION 5. 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, 2015. |
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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. 4059 was passed by the House on May |
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12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4059 on May 29, 2015, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4059 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
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0. |
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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 |