1-1     By:  Shapiro                                           S.B. No. 541
 1-2           (In the Senate - Filed February 5, 2001; February 7, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; March 28, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; March 28, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the extent of extraterritorial jurisdiction of certain
 1-9     municipalities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 42.021, Local Government Code, is amended
1-12     to read as follows:
1-13           Sec. 42.021.  EXTENT OF EXTRATERRITORIAL JURISDICTION.
1-14     (a)  Except as provided by Subsection (b), the [The]
1-15     extraterritorial jurisdiction of a municipality is the
1-16     unincorporated area that is contiguous to the corporate boundaries
1-17     of the municipality and that is located:
1-18                 (1)  within one-half mile of those boundaries, in the
1-19     case of a municipality with fewer than 5,000 inhabitants;
1-20                 (2)  within one mile of those boundaries, in the case
1-21     of a municipality with 5,000 to 24,999 inhabitants;
1-22                 (3)  within two miles of those boundaries, in the case
1-23     of a municipality with 25,000 to 49,999 inhabitants;
1-24                 (4)  within 3 1/2 miles of those boundaries, in the
1-25     case of a municipality with 50,000 to 99,999 inhabitants; or
1-26                 (5)  within five miles of those boundaries, in the case
1-27     of a municipality with 100,000 or more inhabitants.
1-28           (b)  The extraterritorial jurisdiction of a municipality is
1-29     the unincorporated area that is contiguous to the corporate
1-30     boundaries of the municipality and that is located within one mile
1-31     of those boundaries if the municipality:
1-32                 (1)  has a population of more than 2,500 and less than
1-33     25,000; and
1-34                 (2)  is located in whole or in part in:
1-35                       (A)  a county with a population of one million or
1-36     more; or
1-37                       (B)  a county adjacent to a county with a
1-38     population of one million or more.
1-39           SECTION 2.  Subchapter Z, Chapter 42, Local Government Code,
1-40     is amended by adding Section 42.9011 to read as follows:
1-41           Sec. 42.9011.  APPORTIONMENT OF EXTRATERRITORIAL
1-42     JURISDICTIONS OF CERTAIN MUNICIPALITIES THAT OVERLAPPED ON
1-43     SEPTEMBER 1, 2001.  (a)  If, on September 1, 2001, the expanded
1-44     extraterritorial jurisdiction that a municipality received under
1-45     Section 42.021(b) overlapped the expanded extraterritorial
1-46     jurisdiction that one or more other municipalities received on that
1-47     date under Section 42.021(b), the governing bodies of the affected
1-48     municipalities may apportion the overlapped area in the same manner
1-49     as provided by Section 42.901.
1-50           (b)  The expansion of the extraterritorial jurisdiction of a
1-51     municipality under Section 42.021(b) may not include any area in
1-52     the existing extraterritorial jurisdiction of another municipality.
1-53           (c)  In applying Section 42.901(c) for purposes of this
1-54     section, the date of September 1, 2001, is substituted for August
1-55     23, 1963.
1-56           SECTION 3.  This Act takes effect September 1, 2001.
1-57                                  * * * * *