By: Shapiro S.B. No. 541
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the extent of extraterritorial jurisdiction of certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.021, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION.
1-8 (a) Except as provided by Subsection (b), the [The]
1-9 extraterritorial jurisdiction of a municipality is the
1-10 unincorporated area that is contiguous to the corporate boundaries
1-11 of the municipality and that is located:
1-12 (1) within one-half mile of those boundaries, in the
1-13 case of a municipality with fewer than 5,000 inhabitants;
1-14 (2) within one mile of those boundaries, in the case
1-15 of a municipality with 5,000 to 24,999 inhabitants;
1-16 (3) within two miles of those boundaries, in the case
1-17 of a municipality with 25,000 to 49,999 inhabitants;
1-18 (4) within 3 1/2 miles of those boundaries, in the
1-19 case of a municipality with 50,000 to 99,999 inhabitants; or
1-20 (5) within five miles of those boundaries, in the case
1-21 of a municipality with 100,000 or more inhabitants.
1-22 (b) The extraterritorial jurisdiction of a municipality is
1-23 the unincorporated area that is contiguous to the corporate
1-24 boundaries of the municipality and that is located within one mile
1-25 of those boundaries if the municipality:
2-1 (1) has a population of more than 2,500 and less than
2-2 25,000; and
2-3 (2) is located in whole or in part in:
2-4 (A) a county with a population of one million or
2-5 more; or
2-6 (B) a county adjacent to a county with a
2-7 population of one million or more.
2-8 SECTION 2. Subchapter Z, Chapter 42, Local Government Code,
2-9 is amended by adding Section 42.9011 to read as follows:
2-10 Sec. 42.9011. APPORTIONMENT OF EXTRATERRITORIAL
2-11 JURISDICTIONS OF CERTAIN MUNICIPALITIES THAT OVERLAPPED ON
2-12 SEPTEMBER 1, 2001. (a) If, on September 1, 2001, the expanded
2-13 extraterritorial jurisdiction that a municipality received under
2-14 Section 42.021(b) overlapped the expanded extraterritorial
2-15 jurisdiction that one or more other municipalities received on that
2-16 date under Section 42.021(b), the governing bodies of the affected
2-17 municipalities may apportion the overlapped area in the same manner
2-18 as provided by Section 42.901.
2-19 (b) The expansion of the extraterritorial jurisdiction of a
2-20 municipality under Section 42.021(b) may not include any area in
2-21 the existing extraterritorial jurisdiction of another municipality.
2-22 (c) In applying Section 42.901(c) for purposes of this
2-23 section, the date of September 1, 2001, is substituted for August
2-24 23, 1963.
2-25 SECTION 3. This Act takes effect September 1, 2001.