1-1 By: Barrientos S.B. No. 1397
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 27, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 April 27, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1397 By: Leedom
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the release of extraterritorial jurisdiction over a
1-11 tract of land by certain municipalities and the inclusion of that
1-12 tract in the extraterritorial jurisdiction of another municipality.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter B, Chapter 42, Local Government Code,
1-15 is amended by adding Section 42.024 to read as follows:
1-16 Sec. 42.024. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
1-17 CERTAIN MUNICIPALITIES. (a) In this section, "eligible property"
1-18 means any portion of a contiguous tract of land:
1-19 (1) that is located in the extraterritorial
1-20 jurisdiction of a municipality within one-half mile of the
1-21 territory of a proposed municipal airport;
1-22 (2) for which a contract for land acquisition services
1-23 was awarded by the municipality; and
1-24 (3) that has not been acquired through the contract
1-25 described by Subdivision (2) for the proposed municipal airport.
1-26 (b) The owner of eligible property may petition the
1-27 municipality to release the property from the municipality's
1-28 extraterritorial jurisdiction not later than June 1, 1996. The
1-29 petition must be filed with the secretary or clerk of the
1-30 municipality.
1-31 (c) Not later than the 10th day after the date the secretary
1-32 or clerk receives a petition under Subsection (b), the municipality
1-33 by resolution shall release the eligible property from the
1-34 extraterritorial jurisdiction of the municipality.
1-35 (d) Eligible property that is released from the
1-36 extraterritorial jurisdiction of a municipality under Subsection
1-37 (c) may be included in the extraterritorial jurisdiction of another
1-38 municipality if:
1-39 (1) any part of the other municipality is located in
1-40 the same county as the property; and
1-41 (2) the other municipality and the owner agree to the
1-42 inclusion of the property in the extraterritorial jurisdiction.
1-43 SECTION 2. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *