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