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.