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 * * * * *