SLC H.B. 2203 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 2203
By: Bosse
4-18-97
Committee Report (Unamended)



BACKGROUND 

Texas law provides cities with certain powers in an area extending beyond
the city limits called extraterritorial jurisdiction (ETJ). Land owners
within the ETJ are subject to certain restrictions on their property
rights. These include prohibition against subdivision, development and
incorporation without approval from the city. 

Currently cities are required to keep a public record of the city limits,
but not of the ETJ. In situations in which two cities have ETJ's which
overlap, agreements are made between the cities as to where the boundaries
lie for each city. This creates a problem for people who own land in areas
that are between two cities. Since there is no required public record,
these land owners have no way to determine what ETJ their property lies
in, or if it is within an ETJ. 


PURPOSE

HB 2203 would require cities to maintain a map of the ETJ on file with the
secretary or the clerk of the municipality. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001, Local Government Code, MAP OF MUNICIPAL
BOUNDARIES, by adding AND EXTRATERRITORIAL JURISDICTION to the caption, as
well as amending subsection (a) and adding subsection (c): 

Sec. 41.001. MAP OF MUNICIPAL BOUNDARIES AND EXTRATERRITORIAL
JURISDICTION.  This section requires that a municipality prepare and
maintain a map for public record that shows the boundaries of the
municipality and of its ETJ. 

 (a) requires municipalities to maintain a public record of the boundaries
and the ETJ on file with the clerk or the secretary of the municipality. 

 (b) requires that the map shall be immediately corrected to include
annexed territory. 

 (c) requires the city to post a revised map of the ETJ immediately upon
changes to the ETJ. The map must be annotated to indicate the date which
the change occurred, the number of the ordinance or resolution by which
the change was made, and a reference to the records in which the ordinance
or resolution is recorded in full. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.