| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to release of an area from a municipality's |
|
|
extraterritorial jurisdiction by petition or election. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 42, Local Government Code, is amended by |
|
|
adding Subchapters D and E to read as follows: |
|
|
SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM |
|
|
EXTRATERRITORIAL JURISDICTION BY PETITION |
|
|
Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. A |
|
|
resident of an area with a population of less than 200 and in a |
|
|
municipality's extraterritorial jurisdiction may file a petition |
|
|
with the municipality in accordance with this subchapter for the |
|
|
area to be released from the extraterritorial jurisdiction if the |
|
|
area has been in the extraterritorial jurisdiction for at least one |
|
|
year. |
|
|
Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277, |
|
|
Election Code, applies to a petition requesting removal under this |
|
|
subchapter. |
|
|
Sec. 42.103. PETITION REQUIREMENTS. (a) A petition |
|
|
requesting release under this subchapter must be signed by more |
|
|
than 50 percent of the registered voters of the area described by |
|
|
the petition as of the date of the preceding uniform election date. |
|
|
(b) A person filing a petition under this subchapter must |
|
|
satisfy the signature requirement described by Subsection (a) not |
|
|
later than the 180th day after the date the first signature for the |
|
|
petition is obtained. |
|
|
(c) A signature collected under this section must be in |
|
|
writing. |
|
|
(d) The petition must include a map of and describe the area |
|
|
to be released. |
|
|
Sec. 42.104. RESULTS OF PETITION. (a) When the petition |
|
|
period prescribed by Section 42.103 ends, a petition requesting |
|
|
removal under this subchapter shall be verified by the municipal |
|
|
secretary or other person responsible for verifying signatures. |
|
|
The municipality must notify the residents and landowners of the |
|
|
area described by the petition of the results of the petition. |
|
|
(b) If a resident does not obtain the number of signatures |
|
|
on the petition required to release the area from the |
|
|
municipality's extraterritorial jurisdiction, a resident may not |
|
|
file another petition under Section 42.101 to release the same or |
|
|
substantially same area from the municipality's extraterritorial |
|
|
jurisdiction until the first anniversary of the date the petition |
|
|
period ended. |
|
|
(c) If a resident obtains the number of signatures on the |
|
|
petition required under Section 42.103 to release the area from the |
|
|
municipality's extraterritorial jurisdiction, the municipality |
|
|
shall immediately release the area from its extraterritorial |
|
|
jurisdiction. |
|
|
SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM |
|
|
EXTRATERRITORIAL JURISDICTION BY ELECTION |
|
|
Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE. |
|
|
(a) A resident of an area with a population of 200 or more and that |
|
|
has been in a municipality's extraterritorial jurisdiction for at |
|
|
least one year may request the municipality to hold an election in |
|
|
accordance with this subchapter to vote on the question of whether |
|
|
to release the area from the municipality's extraterritorial |
|
|
jurisdiction by filing with the municipality a petition that |
|
|
includes the signatures of at least five percent of the registered |
|
|
voters residing in the area as of the date of the preceding uniform |
|
|
election date. |
|
|
(b) A resident may not request another election on the |
|
|
question of releasing the same or substantially same area from the |
|
|
municipality's extraterritorial jurisdiction before the first |
|
|
anniversary of the date the municipality receives a petition filed |
|
|
under Subsection (a). |
|
|
(c) The petition must include a map of and describe the area |
|
|
to be released. |
|
|
Sec. 42.152. ELECTION. (a) A municipality shall order an |
|
|
election on the question of whether to release an area from the |
|
|
municipality's extraterritorial jurisdiction to be held on the |
|
|
first uniform election date that falls on or after the 90th day |
|
|
after the date the municipality receives a petition that complies |
|
|
with Section 42.151. |
|
|
(b) The municipality shall hold the election ordered under |
|
|
this section in the area described by the petition. |
|
|
(c) An election ordered under this section must be held in |
|
|
the same manner as general elections of the municipality. The |
|
|
municipality shall pay for the costs of holding the election. |
|
|
Sec. 42.153. RESULTS OF ELECTION. (a) Following an |
|
|
election held under this subchapter, the municipality shall notify |
|
|
the residents of the area proposed to be released from the |
|
|
municipality's extraterritorial jurisdiction of the results of the |
|
|
election. |
|
|
(b) If at the election held under this subchapter a majority |
|
|
of voters approve the proposed release, the municipality shall |
|
|
immediately release the area for which the election was held from |
|
|
the municipality's extraterritorial jurisdiction. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |