74R11389 PAM-F By Hamric H.B. No. 2977 Substitute the following for H.B. No. 2977: By Hamric C.S.H.B. No. 2977 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to voluntary withdrawal from municipal extraterritorial 1-3 jurisdiction in certain circumstances. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 42, Local Government Code, 1-6 is amended by adding Section 42.024 to read as follows: 1-7 Sec. 42.024. VOLUNTARY WITHDRAWAL FROM EXTRATERRITORIAL 1-8 JURISDICTION. (a) This section applies only in a county with a 1-9 population of 2.8 million or more or a county adjacent to a county 1-10 with a population of 2.8 million or more. 1-11 (b) This section applies only to: 1-12 (1) an area that entered a municipality's 1-13 extraterritorial jurisdiction at the request of the developer of a 1-14 residential subdivision who owned the area; or 1-15 (2) an area: 1-16 (A) in which more than 1,000 registered voters 1-17 reside; 1-18 (B) that has been located in the same 1-19 municipality's extraterritorial jurisdiction for at least 20 years; 1-20 and 1-21 (C) that has water, wastewater, electricity, and 1-22 solid waste collection services available. 1-23 (c) A municipality shall by ordinance or resolution give its 1-24 written consent to reduce its extraterritorial jurisdiction if: 2-1 (1) the municipality orders an election to submit to 2-2 the qualified voters of the area the question of withdrawing from 2-3 the municipality's extraterritorial jurisdiction; and 2-4 (2) a majority of the voters voting on the question 2-5 approve the question. 2-6 (d) The municipality shall order an election on the question 2-7 of withdrawing from the municipality's extraterritorial 2-8 jurisdiction if the municipality is petitioned as provided by 2-9 Subsection (e). The ballot at the election shall be printed to 2-10 permit voting for or against the proposition: "Withdrawing from 2-11 the extraterritorial jurisdiction of (name of municipality)." The 2-12 municipality shall order the election for the first uniform 2-13 election date that occurs on or after the 45th day after the date 2-14 the municipality receives from the municipal secretary the 2-15 certification of the petition under Subsection (f). 2-16 (e) To initiate an election to withdraw from a 2-17 municipality's extraterritorial jurisdiction, a petition must be 2-18 presented to the municipal secretary that includes: 2-19 (1) a description of the area proposing to withdraw; 2-20 (2) the signatures of at least 20 percent of the 2-21 registered voters in the area; and 2-22 (3) a statement, on each page of the petition, of the 2-23 ballot proposition for the proposed election. 2-24 (f) Not later than the 10th day after the date a petition is 2-25 presented to the municipal secretary, the secretary shall determine 2-26 whether the petition complies with the requirements of this 2-27 section. Not later than the fifth day after the date the secretary 3-1 determines that the petition is valid, the secretary shall certify 3-2 to the governing board of the municipality the validity of the 3-3 petition and the statement of the ballot proposition. 3-4 (g) If the conditions of Subsection (c) are met, the 3-5 municipality shall adopt the required ordinance or resolution 3-6 within 60 days after the date the municipality officially canvasses 3-7 and certifies that a majority of the voters voting in the election 3-8 approved withdrawing from the municipality's extraterritorial 3-9 jurisdiction. The area is released from the municipality's 3-10 extraterritorial jurisdiction on the date of the adoption of the 3-11 ordinance or resolution. 3-12 (h) For purposes of an election under this section, an area 3-13 in the extraterritorial jurisdiction of a municipality is a 3-14 territorial unit of the municipality. 3-15 SECTION 2. The importance of this legislation and the 3-16 crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended, 3-20 and that this Act take effect and be in force from and after its 3-21 passage, and it is so enacted.