By Hamric H.B. No. 924 75R4409 PAM-F 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 42.026 to read as follows: 1-7 Sec. 42.026. VOLUNTARY WITHDRAWAL FROM EXTRATERRITORIAL 1-8 JURISDICTION. (a) This section applies only in a county with a 1-9 population of 2.8 million or more or a county adjacent to a county 1-10 with a population of 2.8 million or more. 1-11 (b) This section applies only to an area: 1-12 (1) in which more than 1,000 registered voters reside; 1-13 (2) that has been located in the same municipality's 1-14 extraterritorial jurisdiction for at least 20 years; and 1-15 (3) that has water, wastewater, electricity, and solid 1-16 waste collection services available. 1-17 (c) A municipality shall by ordinance or resolution give its 1-18 written consent to reduce its extraterritorial jurisdiction if: 1-19 (1) the municipality orders an election to submit to 1-20 the qualified voters of the area the question of withdrawing from 1-21 the municipality's extraterritorial jurisdiction; and 1-22 (2) a majority of the voters voting on the question 1-23 approve the question. 1-24 (d) The municipality shall order an election on the question 2-1 of withdrawing from the municipality's extraterritorial 2-2 jurisdiction if the municipality is petitioned as provided by 2-3 Subsection (e). The ballot at the election shall be printed to 2-4 permit voting for or against the proposition: "Withdrawing from 2-5 the extraterritorial jurisdiction of (name of municipality)." The 2-6 municipality shall order the election for the first uniform 2-7 election date that occurs on or after the 45th day after the date 2-8 the municipality receives from the municipal secretary the 2-9 certification of the petition under Subsection (f). 2-10 (e) To initiate an election to withdraw from a 2-11 municipality's extraterritorial jurisdiction, a petition must be 2-12 presented to the municipal secretary that includes: 2-13 (1) a description of the area proposing to withdraw; 2-14 (2) the signatures of at least 20 percent of the 2-15 registered voters in the area; and 2-16 (3) a statement, on each page of the petition, of the 2-17 ballot proposition for the proposed election. 2-18 (f) Not later than the 10th day after the date a petition is 2-19 presented to the municipal secretary, the secretary shall determine 2-20 whether the petition complies with the requirements of this 2-21 section. Not later than the fifth day after the date the secretary 2-22 determines that the petition is valid, the secretary shall certify 2-23 to the governing board of the municipality the validity of the 2-24 petition and the statement of the ballot proposition. 2-25 (g) If the conditions of Subsection (c) are met, the 2-26 municipality shall adopt the required ordinance or resolution 2-27 within 60 days after the date the municipality officially canvasses 3-1 and certifies that a majority of the voters voting in the election 3-2 approved withdrawing from the municipality's extraterritorial 3-3 jurisdiction. The area is released from the municipality's 3-4 extraterritorial jurisdiction on the date of the adoption of the 3-5 ordinance or resolution. 3-6 (h) For purposes of an election under this section, an area 3-7 in the extraterritorial jurisdiction of a municipality is a 3-8 territorial unit of the municipality. 3-9 SECTION 2. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended, 3-14 and that this Act take effect and be in force from and after its 3-15 passage, and it is so enacted.