BILL ANALYSIS S.B. 1397 By: Barrientos (Dukes) May 13, 1995 Committee Report (Unamended) BACKGROUND In the 1980s, Austin selected a tract of land east of Manor, Texas, as the site of a new airport, and annexed territory in the direction of the airport that allowed the site to be included in the extraterritorial jurisdiction (ETJ) of the city. The city has no plans to provide service to the area until well into the 21st century. The owners of this rural area would prefer the option of being in the ETJ of Manor, which lies between their land and the City of Austin. PURPOSE As proposed, this bill sets forth provisions relating to the release of extraterritorial jurisdiction (ETJ) by certain municipalities and the transfer of that ETJ to another municipality. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 Amends Chapter 42B, Local Government Code, by adding Section 42.024, as follows: Sec. 42.024. RELEASE OF EXTRATERRITORIAL JURISDICTION BY CERTAIN MUNICIPALITIES. (a) Defines "eligible property." (b) Authorizes the owner of eligible property (property) to petition the municipality to release the property from the municipality's extraterritorial jurisdiction (ETJ) no later than June 1, 1996. Requires the petition to be filed with the secretary or clerk of the municipality. (c) Requires the municipality, by resolution, to release the property from the ETJ of the municipality no later than the 10th day after the date the secretary or clerk receives a petition under Subsection (b). (d) Authorizes property that is released from the ETJ of a municipality under Subsection (c) to be included in the ETJ of another municipality if any part of the other municipality is located in the same county as the property, and the other municipality and the owner agree to the inclusion of the property in the ETJ. SECTION 2 Emergency clause. Effective upon passage. SUMMARY OF COMMITTEE ACTION S.B. 1397 was considered by the committee in a formal meeting on May 12, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.