| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the extent of a municipality's extraterritorial |
|
|
jurisdiction. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 42.021(a), (b), and (d), Local |
|
|
Government Code, are amended to read as follows: |
|
|
(a) The extraterritorial jurisdiction of a municipality is |
|
|
the unincorporated area that is contiguous to the corporate |
|
|
boundaries of the municipality and that is located: |
|
|
(1) within 250 feet [one-half mile] of those |
|
|
boundaries, in the case of a municipality with fewer than 5,000 |
|
|
inhabitants; |
|
|
(2) within 500 feet [one mile] of those boundaries, in |
|
|
the case of a municipality with 5,000 to 24,999 inhabitants; |
|
|
(3) within 1,000 feet [two miles] of those boundaries, |
|
|
in the case of a municipality with 25,000 to 49,999 inhabitants; |
|
|
(4) within one-quarter mile [3-1/2 miles] of those |
|
|
boundaries, in the case of a municipality with 50,000 to 99,999 |
|
|
inhabitants; or |
|
|
(5) within one-half mile [five miles] of those |
|
|
boundaries, in the case of a municipality with 100,000 or more |
|
|
inhabitants. |
|
|
(b) Regardless of Subsection (a), the extraterritorial |
|
|
jurisdiction of a municipality is the unincorporated area that is |
|
|
contiguous to the corporate boundaries of the municipality and that |
|
|
is located: |
|
|
(1) within one-half mile [five miles] of those |
|
|
boundaries on a barrier island; or |
|
|
(2) within 500 feet [one-half mile] of those |
|
|
boundaries off a barrier island. |
|
|
(d) Regardless of Subsection (a), the extraterritorial |
|
|
jurisdiction of a municipality is the unincorporated area that is |
|
|
contiguous to the corporate boundaries of the municipality and that |
|
|
is located within one-half mile [three miles] of those boundaries |
|
|
if the municipality: |
|
|
(1) has a population of not less than 20,000 or more |
|
|
than 29,000; and |
|
|
(2) is located in a county that has a population of |
|
|
45,000 or more and borders the Trinity River. |
|
|
SECTION 2. Section 42.903(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The governing body of the municipality by resolution or |
|
|
ordinance may adopt an extraterritorial jurisdiction for all or |
|
|
part of the unincorporated area contiguous to the corporate |
|
|
boundaries of the municipality and located within 500 feet [one |
|
|
mile] of those boundaries. The authority granted by this section is |
|
|
subject to the limitation provided by Section 26.178, Water Code. |
|
|
SECTION 3. Section 212.001(1), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(1) "Extraterritorial jurisdiction" means a |
|
|
municipality's extraterritorial jurisdiction as determined under |
|
|
Chapter 42, except that for a municipality that has a population of |
|
|
5,000 or more and is located in a county bordering the Rio Grande |
|
|
River, "extraterritorial jurisdiction" means the area outside the |
|
|
municipal limits but within one-half mile [five miles] of those |
|
|
limits. |
|
|
SECTION 4. Section 54.001(8), Water Code, is repealed. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |