By Lewis of Orange H.B. No. 925
75R4210 MRB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the extraterritorial jurisdiction of municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 42.021, Local Government Code, is amended
1-5 to read as follows:
1-6 Sec. 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION. (a)
1-7 The extraterritorial jurisdiction of a municipality is the
1-8 unincorporated area that is contiguous to the corporate boundaries
1-9 of the municipality and that is located within 2-1/2 miles of those
1-10 boundaries, except as provided by Subsection (b).
1-11 (b) The extraterritorial jurisdiction:
1-12 (1) may not comprise a total area that is larger than
1-13 50 percent of the total incorporated area of the municipality
1-14 [within one-half mile of those boundaries, in the case of a
1-15 municipality with fewer than 5,000 inhabitants]; and
1-16 (2) does not include any area that is outside the
1-17 county in which a majority of the municipality's incorporated area
1-18 is located [within one mile of those boundaries, in the case of a
1-19 municipality with 5,000 to 24,999 inhabitants;]
1-20 [(3) within two miles of those boundaries, in the case
1-21 of a municipality with 25,000 to 49,999 inhabitants;]
1-22 [(4) within 3 1/2 miles of those boundaries, in the
1-23 case of a municipality with 50,000 to 99,999 inhabitants; or]
1-24 [(5) within five miles of those boundaries, in the
2-1 case of a municipality with 100,000 or more inhabitants].
2-2 SECTION 2. Section 42.022(b), Local Government Code, is
2-3 amended to read as follows:
2-4 (b) The extraterritorial jurisdiction of a municipality may
2-5 expand beyond the distance limitations imposed by Section 42.021(a)
2-6 [42.021] to include an area contiguous to the otherwise existing
2-7 extraterritorial jurisdiction of the municipality if the owners of
2-8 the area request the expansion and if the area is at least 1,000
2-9 feet wide at its narrowest point.
2-10 SECTION 3. Section 42.023, Local Government Code, is amended
2-11 to read as follows:
2-12 Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
2-13 The extraterritorial jurisdiction of a municipality may not be
2-14 reduced unless the governing body of the municipality gives its
2-15 written consent by ordinance or resolution, except in cases of
2-16 judicial apportionment of overlapping extraterritorial
2-17 jurisdictions under Section 42.901 or except as the legislature
2-18 otherwise provides by statute.
2-19 SECTION 4. Section 42.024(a), Local Government Code, as
2-20 added by Chapter 766, Acts of the 74th Legislature, Regular
2-21 Session, 1995, is amended to read as follows:
2-22 (a) In this section:
2-23 (1) "Adopting municipality" means a home-rule
2-24 municipality that adopts a resolution under this section to include
2-25 an area in its extraterritorial jurisdiction [with a population of
2-26 less than 25,000 that purchases and appropriates raw water for its
2-27 water utility through a transbasin diversion permit from one or two
3-1 river authorities in which the municipality has territory].
3-2 (2) "Releasing municipality" means a home-rule
3-3 municipality with an extraterritorial jurisdiction from which an
3-4 area may be released under this section [with a population of more
3-5 than 450,000 that owns an electric utility, that has a charter
3-6 provision allowing for limited-purpose annexation, and that has
3-7 annexed territory for a limited purpose].
3-8 SECTION 5. Section 42.041(b), Local Government Code, is
3-9 amended to read as follows:
3-10 (b) If the governing body of the existing municipality
3-11 refuses to give its consent, a majority of the qualified voters of
3-12 the area of the proposed municipality and the owners of at least 50
3-13 percent of the land in the proposed municipality may petition the
3-14 governing body to annex the area. If the governing body fails or
3-15 refuses to annex the area within three [six] months after the date
3-16 it receives the petition, that failure or refusal constitutes the
3-17 governing body's consent to the incorporation of the proposed
3-18 municipality.
3-19 SECTION 6. Section 42.042, Local Government Code, is amended
3-20 to read as follows:
3-21 Sec. 42.042. CREATION OF POLITICAL SUBDIVISION TO SUPPLY
3-22 WATER OR SEWER SERVICES, ROADWAYS, OR DRAINAGE FACILITIES IN
3-23 EXTRATERRITORIAL JURISDICTION. (a) A political subdivision, one
3-24 purpose of which is to supply fresh water for domestic or
3-25 commercial use or to furnish sanitary sewer services, roadways, or
3-26 drainage, may not be created in the extraterritorial jurisdiction
3-27 of a municipality unless the governing body of the municipality
4-1 gives its written consent by ordinance or resolution in accordance
4-2 with this subsection and the Water Code. In giving its consent,
4-3 the municipality may not place any conditions or other restrictions
4-4 on the creation of the political subdivision other than those
4-5 expressly permitted by Section 54.016(e), Water Code.
4-6 (b) The governing body is considered to have given its
4-7 consent to the creation of the political subdivision if, [If the
4-8 governing body fails or refuses to give its consent for the
4-9 creation of the political subdivision on mutually agreeable terms]
4-10 within 90 days after the date the governing body [it] receives a
4-11 written request for the consent from[,] a majority of the qualified
4-12 voters of the area of the proposed political subdivision and the
4-13 owners of at least 50 percent of the land in the proposed political
4-14 subdivision, the governing body:
4-15 (1) fails or refuses to give its consent for the
4-16 creation of the political subdivision on mutually agreeable terms;
4-17 or
4-18 (2) fails or refuses to make a contract for the
4-19 provision of water and sanitary sewer service to the area on
4-20 mutually agreeable terms [may petition the governing body to make
4-21 available to the area the water, sanitary sewer services, or both
4-22 that would be provided by the political subdivision].
4-23 (c) [If, within 120 days after the date the governing body
4-24 receives the petition, the governing body fails to make a contract
4-25 with a majority of the qualified voters of the area of the proposed
4-26 political subdivision and the owners of at least 50 percent of the
4-27 land in the proposed political subdivision to provide the services,
5-1 that failure constitutes the governing body's consent to the
5-2 creation of the proposed political subdivision.]
5-3 [(d)] The consent to the creation of the political
5-4 subdivision is only an authorization to initiate proceedings to
5-5 create the political subdivision as provided by law.
5-6 (d) [(e)] If the consent to initiate proceedings to create
5-7 the political subdivision is obtained, the proceedings must be
5-8 initiated within six months after the date of the consent and must
5-9 be finally completed within 18 months after the date of the
5-10 consent. Failure to comply with either time requirement terminates
5-11 the consent.
5-12 (e) [(f)] If the municipality fails or refuses to give its
5-13 consent to the creation of the political subdivision or fails or
5-14 refuses to execute a contract providing for the water or sanitary
5-15 sewer services requested within the time limits prescribed by this
5-16 section, the applicant may petition the Texas Natural Resource
5-17 Conservation Commission for the creation of the political
5-18 subdivision or the inclusion of the land in a political
5-19 subdivision. The commission shall allow creation of the political
5-20 subdivision or inclusion of the land in a proposed political
5-21 subdivision on finding that the municipality either does not have
5-22 the reasonable ability to serve or has failed to make a legally
5-23 binding commitment with sufficient funds available to provide water
5-24 and wastewater service adequate to serve the proposed development
5-25 at a reasonable cost to the landowner. The commitment must provide
5-26 that construction of the facilities necessary to serve the land
5-27 will begin within two years and will be substantially completed
6-1 within 4-1/2 years after the date the written request described by
6-2 Subsection (b) [petition] was received by [filed with] the
6-3 municipality.
6-4 (f) [(g)] On an appeal taken to the district court from the
6-5 Texas Natural Resource Conservation Commission's ruling, all
6-6 parties to the commission hearing must be made parties to the
6-7 appeal. The court shall hear the appeal within 120 days after the
6-8 date the appeal is filed. If the case is continued or appealed to
6-9 a higher court beyond the 120-day period, the court shall require
6-10 the appealing party or party requesting the continuance to post a
6-11 bond or other adequate security in the amount of damages that may
6-12 be incurred by any party as a result of the appeal or delay from
6-13 the commission action. The amount of the bond or other security
6-14 shall be determined by the court after notice and hearing. On
6-15 final disposition, a court may award damages, including any damages
6-16 for delays, attorney's fees, and costs of court to the prevailing
6-17 party.
6-18 (g) [(h)] A municipality may not unilaterally extend the
6-19 time limits prescribed by this section through the adoption of
6-20 preapplication periods or by passage of any rules, resolutions,
6-21 ordinances, or charter provisions. However, the municipality and
6-22 the petitioner may jointly petition the Texas Natural Resource
6-23 Conservation Commission to request an extension of the time limits.
6-24 (h) [(j)] The consent requirements of this section do not
6-25 apply to the creation of a special utility district under Chapter
6-26 65, Water Code. If a special utility district is to be converted
6-27 to a district with taxing authority that provides utility services,
7-1 this section applies to the conversion.
7-2 (i) [(k)] This section[, except Subsection (i),] applies
7-3 only to the proposed political subdivision's area located in the
7-4 extraterritorial jurisdiction of the municipality.
7-5 SECTION 7. Section 42.044(a), Local Government Code, is
7-6 amended to read as follows:
7-7 (a) In this section, "industrial district" has the meaning
7-8 customarily given to the term but also includes:
7-9 (1) any area in which tourist-related businesses and
7-10 facilities are located; and
7-11 (2) any area located in a political subdivision one
7-12 purpose of which is to supply fresh water for domestic or
7-13 commercial use or to provide sanitary sewer service, roadways, or
7-14 drainage.
7-15 SECTION 8. Section 42.046(a), Local Government Code, is
7-16 amended to read as follows:
7-17 (a) The governing body of a municipality [that has
7-18 disannexed territory previously annexed for limited purposes] may
7-19 designate an area within its extraterritorial jurisdiction as a
7-20 planned unit development district by written agreement with the
7-21 owner of the land under Subsection (b). The agreement shall be
7-22 recorded in the deed records of the county or counties in which the
7-23 land is located. A planned unit development district designated
7-24 under this section shall contain no less than 250 acres. If there
7-25 are more than four owners of land to be designated as a single
7-26 planned unit development, each owner shall appoint a single person
7-27 to negotiate with the municipality and authorize that person to
8-1 bind each owner for purposes of this section.
8-2 SECTION 9. Section 42.047, Local Government Code, is amended
8-3 to read as follows:
8-4 Sec. 42.047. CREATION OF A POLITICAL SUBDIVISION IN AN AREA
8-5 PROPOSED FOR A PLANNED UNIT DEVELOPMENT DISTRICT. If the governing
8-6 body of a municipality [that has disannexed territory previously
8-7 annexed for limited purposes] refuses to designate a planned unit
8-8 development district under Section 42.046 no later than 180 days
8-9 after the date a request for the designation is filed with the
8-10 municipality by the owner of the land to be included in the planned
8-11 unit development district, the municipality shall be considered to
8-12 have given the consent required by Section 42.041 to the
8-13 incorporation of a proposed municipality including within its
8-14 boundaries all or some of such land. If consent to incorporation
8-15 is granted by this subsection, the consenting municipality waives
8-16 all rights to challenge the proposed incorporation in any court.
8-17 SECTION 10. Section 42.904, Local Government Code, is
8-18 amended to read as follows:
8-19 Sec. 42.904. EXTRATERRITORIAL JURISDICTION AND VOTING RIGHTS
8-20 IN CERTAIN MUNICIPALITIES. [(a) This section applies only to a
8-21 municipality that has disannexed territory under Section 43.133
8-22 that it had previously annexed for limited purposes and that has
8-23 extended rules to its extraterritorial jurisdiction under Section
8-24 212.003.]
8-25 A [(b) The] municipality shall allow all qualified voters
8-26 residing in the municipality's extraterritorial jurisdiction to
8-27 vote on any proposition that is submitted to the voters of the
9-1 municipality and that involves:
9-2 (1) an adoption of or change to an ordinance or
9-3 charter provision that would apply to the municipality's
9-4 extraterritorial jurisdiction; or
9-5 (2) a nonbinding referendum that, if binding, would
9-6 apply to the municipality's extraterritorial jurisdiction.
9-7 SECTION 11. (a) If, on September 1, 1997, the
9-8 extraterritorial jurisdiction of a municipality does not comply
9-9 with Section 42.021, Local Government Code, as amended by this Act,
9-10 the extraterritorial jurisdiction is enlarged or reduced on that
9-11 date as necessary to achieve compliance with that section. If an
9-12 enlargement of a municipality's extraterritorial jurisdiction
9-13 results in the extraterritorial jurisdiction overlapping the
9-14 extraterritorial jurisdiction of one or more other municipalities,
9-15 the municipalities are governed by Section 42.901, Local Government
9-16 Code, except the date to be used under that section is September 1,
9-17 1997, instead of August 23, 1963.
9-18 (b) The change in law made by this Act to Section 42.041(b),
9-19 Local Government Code, applies only to an annexation petition
9-20 filed under that section with a municipal governing body on or
9-21 after September 1, 1997. An annexation petition filed under that
9-22 section with a municipal governing body before that date is
9-23 governed by the law in effect at the time the petition is filed,
9-24 and the former law is continued in effect for that purpose.
9-25 (c) The change in law made by this Act to Section 42.042(b),
9-26 Local Government Code, applies only to a written request for
9-27 consent that is received under that section by a municipal
10-1 governing body on or after September 1, 1997. A written request
10-2 for consent that is received under that section by a municipal
10-3 governing body before that date is governed by the law in effect at
10-4 the time the written request is received by the governing body, and
10-5 the former law is continued in effect for that purpose.
10-6 (d) The change in law made by this Act to Section 42.904,
10-7 Local Government Code, applies only to a municipal election for
10-8 which the election order is adopted on or after September 1, 1997.
10-9 A municipal election for which the election order is adopted before
10-10 September 1, 1997, is governed by the law in effect at the time the
10-11 election order is adopted, and the former law is continued in
10-12 effect for that purpose.
10-13 SECTION 12. This Act takes effect September 1, 1997.
10-14 SECTION 13. The importance of this legislation and the
10-15 crowded condition of the calendars in both houses create an
10-16 emergency and an imperative public necessity that the
10-17 constitutional rule requiring bills to be read on three several
10-18 days in each house be suspended, and this rule is hereby suspended.