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.