By Green                                              H.B. No. 2017
         77R5431 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           (e)  The extraterritorial jurisdiction of a municipality is
2-10     removed from the municipality if the voters in the extraterritorial
2-11     jurisdiction are not permitted to vote in a general or special
2-12     election as provided by Subsection (c).
2-13           (f)  Except as provided by Section 42.905, an area removed
2-14     from a municipality's extraterritorial jurisdiction under
2-15     Subsection (e) may not be again included in the municipality's
2-16     extraterritorial jurisdiction unless a majority of the voters in
2-17     the area voting in an election held for that purpose consent to be
2-18     included in the municipality's extraterritorial jurisdiction.
2-19           Sec. 42.905.  VOTING REQUIREMENT OF CERTAIN AREAS IN
2-20     EXTRATERRITORIAL JURISDICTION.  (a)  This section applies only to
2-21     an area that is located in a municipality's extraterritorial
2-22     jurisdiction and is located in a county other than a county in
2-23     which 80 percent or more of the population of the municipality
2-24     resides.
2-25           (b)  The adoption of or change to an ordinance or charter
2-26     does not apply to an area described by Subsection (a) unless a
2-27     majority of the  voters in the area voting in an election held for
 3-1     that purpose favor the adoption of or change to the ordinance or
 3-2     charter.
 3-3           SECTION 2.  This Act takes effect September 1, 2001.