SRC-SEW S.B. 541 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 541
77R3913 PAM-FBy: Shapiro
Intergovernmental Relations
3/15/2001
As Filed


DIGEST AND PURPOSE 

Currently, communities in large urban areas have a tendency to grow at a
faster pace than their rural counterparts.  This faster rate of growth
handicaps the efforts of communities to develop accurate consistent master
plans for the development of areas within their extraterritorial
jurisdiction.  This handicap hinders the community's ability to plan for
appropriate land use, major thoroughfares, water delivery systems, waste
water treatment facilities, parks and schools, and fire and police
services. Inconsistent and inappropriate land use contributes to disorderly
growth that results in increased costs to developing communities and to the
loss of property values to property owners.  As proposed, S.B. 541 provides
certain communities in urban areas with greater ability to control rapidly
developing areas by extending the extraterritorial jurisdiction of a
municipality to one mile and providing a remedy if the new jurisdiction
results in an overlap of another municipality's jurisdiction by allowing
one community to expand into the existing jurisdiction of another
community. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.021, Local Government Code, as follows:

  (a) Makes a conforming change.

(b) Provides that the extraterritorial jurisdiction of a municipality is
the unincorporated area that is contiguous to the corporate boundaries of
the municipality and that is located within one mile of those boundaries if
the municipality meets certain conditions. 

SECTION 2.  Amends Chapter 42Z, Local Government Code, by adding Section
42.9011, as follows: 

Sec. 42.9011.  APPORTIONMENT OF EXTRATERRITORIAL JURISDICTIONS OF CERTAIN
MUNICIPALITIES THAT OVERLAPPED ON SEPTEMBER 1, 2001.  (a) Authorizes the
governing bodies of the affected municipalities, if, on September 1, 2001,
the expanded extraterritorial jurisdiction that a municipality received
under Section 42.021(b) overlapped the expanded extraterritorial
jurisdiction that one or more other municipalities received on that date
under Section 42.021(b), to apportion the overlapped area in the same
manner as provided by Section 42.901.   

(b) Prohibits the expansion of the extraterritorial jurisdiction of a
municipality under Section 42.021(b) from including any area in the
existing extraterritorial jurisdiction of another municipality.   

(c) Provides that, in applying Section 42.901(c) for purposes of this
section, the date of  September 1, 2001, is substituted for August 23,
1963. 

SECTION 3.  Effective date:  September 1, 2001.