By Green H.B. No. 2017
77R14332 JMG-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 amending Section 42.904 and adding Section 42.905 to
1-7 read as follows:
1-8 Sec. 42.904. EXTRATERRITORIAL JURISDICTION AND VOTING RIGHTS
1-9 IN CERTAIN MUNICIPALITIES. (a) This section applies only to a
1-10 municipality that has [disannexed territory under Section 43.133
1-11 that it had previously annexed for limited purposes and that has]
1-12 extended rules to its extraterritorial jurisdiction under Section
1-13 212.003 or other law.
1-14 (b) This section does not apply to an area of the
1-15 municipality's extraterritorial jurisdiction if the voters of the
1-16 area were permitted to vote in the three elections for members of
1-17 the governing body of the municipality that immediately preceded
1-18 the date an election under Subsection (c) would be held.
1-19 (c) The municipality shall allow all qualified voters
1-20 residing in the municipality's extraterritorial jurisdiction to
1-21 vote on [any proposition that is submitted to the voters of the
1-22 municipality and that involves]:
1-23 (1) an adoption of or change to an ordinance or
1-24 charter provision that would apply to the municipality's
2-1 extraterritorial jurisdiction; and [or]
2-2 (2) a nonbinding referendum that, if binding, would
2-3 apply to the municipality's extraterritorial jurisdiction.
2-4 (d) The adoption of or change to an ordinance or charter may
2-5 not apply in the extraterritorial jurisdiction of a municipality
2-6 unless a majority of the votes received in the extraterritorial
2-7 jurisdiction at an election under Subsection (c) favor the adoption
2-8 of or change to the charter or ordinance.
2-9 Sec. 42.905. VOTING REQUIREMENT OF CERTAIN AREAS IN
2-10 EXTRATERRITORIAL JURISDICTION. (a) This section applies only to
2-11 an area that is located in a municipality's extraterritorial
2-12 jurisdiction and is located in a county other than a county in
2-13 which 80 percent or more of the population of the municipality
2-14 resides.
2-15 (b) The adoption of or change to an ordinance or charter
2-16 does not apply to an area described by Subsection (a) unless a
2-17 majority of the voters in the area voting in an election held for
2-18 that purpose favor the adoption of or change to the ordinance or
2-19 charter.
2-20 SECTION 2. This Act takes effect September 1, 2001.