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.