| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the extraterritorial jurisdiction of and municipal |
|
|
annexation by 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) or 43.038. |
|
|
SECTION 4. Section 42.041, Local Government Code, is |
|
|
amended by adding Subsection (f) to read as follows: |
|
|
(f) This section does not apply to an existing municipality |
|
|
with a population of 1.8 million or more. |
|
|
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 within the extraterritorial jurisdiction. |
|
|
SECTION 6. Subchapter B, Chapter 43, Local Government Code, |
|
|
is amended by adding Section 43.038 to read as follows: |
|
|
Sec. 43.038. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF |
|
|
CERTAIN MUNICIPALITIES. (a) This section applies only to a |
|
|
municipality with a population of 1.8 million or more. |
|
|
(b) Notwithstanding any provision of law, including |
|
|
Sections 42.021 and 43.056, and subject to Subsection (c): |
|
|
(1) on December 1, 2022, the area located in the |
|
|
extraterritorial jurisdiction of a municipality to which this |
|
|
section applies is released from the municipality's |
|
|
extraterritorial jurisdiction; |
|
|
(2) beginning on December 1, 2022, a municipality to |
|
|
which this section applies: |
|
|
(A) does not have and may not acquire |
|
|
extraterritorial jurisdiction over any area; and |
|
|
(B) is prohibited from annexing any area; and |
|
|
(3) not later than December 1, 2022, a municipality to |
|
|
which this section applies must: |
|
|
(A) provide or cause the provision of full |
|
|
municipal services as defined by Section 43.056(c), including |
|
|
police and fire protection, to all areas annexed by the |
|
|
municipality; or |
|
|
(B) disannex any area in which the municipality |
|
|
is not providing or causing the provision of full municipal |
|
|
services. |
|
|
(c) A provision of Subsection (b) applies only to the extent |
|
|
that the application of the provision does not impair an obligation |
|
|
under the provision of a contract or other agreement. |
|
|
(d) A municipality to which this section applies may not |
|
|
enter into or renew a contract or other agreement after December 1, |
|
|
2017, that would create an obligation that would be impaired by a |
|
|
provision of Subsection (b). |
|
|
SECTION 7. This Act takes effect December 1, 2017. |