By Hamric H.B. No. 2977
74R7855 PAM-D
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 to a subdivision:
1-9 (1) in which more than 1,000 registered voters reside;
1-10 (2) that has been in existence for at least 10 years
1-11 and for which, at the time of the creation of the subdivision, a
1-12 plat was prepared and filed as required by law; and
1-13 (3) that has water, wastewater, electricity, and solid
1-14 waste collection services available.
1-15 (b) A municipality shall by ordinance or resolution give its
1-16 written consent to reduce its extraterritorial jurisdiction if:
1-17 (1) the municipality orders an election to submit to
1-18 the qualified voters of the subdivision the question of withdrawing
1-19 from the municipality's extraterritorial jurisdiction; and
1-20 (2) a majority of the voters voting on the question
1-21 approve the question.
1-22 (c) The municipality shall order an election on the question
1-23 of withdrawing from the municipality's extraterritorial
1-24 jurisdiction if the municipality is petitioned as provided by
2-1 Subsection (d). The ballot at the election shall be printed to
2-2 permit voting for or against the proposition: "Withdrawing from
2-3 the extraterritorial jurisdiction of (name of municipality)." The
2-4 municipality shall order the election for the first uniform
2-5 election date that occurs on or after the 45th day after the date
2-6 the municipality receives from the municipal secretary the
2-7 certification of the petition under Subsection (e).
2-8 (d) To initiate an election to withdraw from a
2-9 municipality's extraterritorial jurisdiction, a petition must be
2-10 presented to the municipal secretary that includes:
2-11 (1) the signatures of at least 20 percent of the
2-12 registered voters in the subdivision; and
2-13 (2) a statement, on each page of the petition, of the
2-14 ballot proposition for the proposed election.
2-15 (e) Not later than the 10th day after the date a petition is
2-16 presented to the municipal secretary, the secretary shall determine
2-17 whether the petition complies with the requirements of this
2-18 section. Not later than the fifth day after the date the secretary
2-19 determines that the petition is valid, the secretary shall certify
2-20 to the governing board of the municipality the validity of the
2-21 petition and the statement of the ballot proposition.
2-22 (f) If the conditions of Subsection (b) are met, the
2-23 municipality shall adopt the required ordinance or resolution
2-24 within 60 days after the date the municipality officially canvasses
2-25 and certifies that a majority of the voters voting in the election
2-26 approved withdrawing from the municipality's extraterritorial
2-27 jurisdiction. The area is released from the municipality's
3-1 extraterritorial jurisdiction on the date of the adoption of the
3-2 ordinance or resolution.
3-3 (g) For purposes of an election under this section, a
3-4 subdivision is a territorial unit of the municipality.
3-5 SECTION 2. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.