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 * * * * *