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.