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.