By Williams                                            H.B. No. 678
         76R3127 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the extraterritorial jurisdiction of certain
 1-3     municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter Z, Chapter 42, Local Government Code,
 1-6     is amended by adding Section 42.905 to read as follows:
 1-7           Sec. 42.905.  EXCLUSION OF CERTAIN LAND FROM EXTRATERRITORIAL
 1-8     JURISDICTION OF MUNICIPALITY WITH POPULATION OF MORE THAN 1.5
 1-9     MILLION.  (a)  The extraterritorial jurisdiction of a municipality
1-10     with a population of more than 1.5 million does not include:
1-11                 (1)  a planned community with a population of more than
1-12     30,000 that, in the absence of this section, would be  contained
1-13     within the  municipality's extraterritorial jurisdiction as the
1-14     result of a request by the planned community's owner or developer;
1-15     and
1-16                 (2)  any land that would not have been included in the
1-17     municipality's extraterritorial jurisdiction but for the past or
1-18     future annexation of a municipally owned airport, water reservoir,
1-19     or lake, including adjacent lands, connected to the municipality by
1-20     one or more annexed strips of land that are less than 500 feet in
1-21     width and that include all or part of a roadway, canal, or other
1-22     waterway.
1-23           (b)  The municipality's boundaries surrounding the airport,
1-24     water reservoir, or lake, including adjacent lands, along with the
 2-1     boundaries of any strip less than 500 feet in width connecting the
 2-2     same to the municipality, may not be taken into consideration in
 2-3     determining the municipality's extraterritorial jurisdiction, and
 2-4     the extraterritorial jurisdiction shall be determined as if the
 2-5     airport, water reservoir, lake, adjacent lands, and strips less
 2-6     than 500 feet in width had not been annexed.
 2-7           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-8           (b)  If, immediately before the effective date of this Act,
 2-9     the extraterritorial jurisdiction of a municipality includes land
2-10     described by Section 42.905, Local Government Code, as added by
2-11     this Act, the boundaries of the extraterritorial jurisdiction are
2-12     revised on the effective date of this Act to exclude that land.
2-13           (c)  If, immediately before the effective date of this Act,
2-14     the extraterritorial jurisdiction of a municipality includes land
2-15     described by Section 42.905(a)(1), Local Government Code, as added
2-16     by this Act:
2-17                 (1)  a person may not initiate incorporation
2-18     proceedings for any portion of the described area before September
2-19     1, 2007; and
2-20                 (2)  the described area may not be included within the
2-21     extraterritorial jurisdiction of any other municipality before
2-22     September 1, 2007.
2-23           SECTION 3.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.