78R194 MRB-D

By:  Lewis                                                        H.B. No. 584



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of an area from the extraterritorial 
jurisdiction of one general-law municipality to that of another 
general-law municipality and to the municipal annexation of the 
area.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 42, Local Government Code, 
is amended by adding Section 42.027 to read as follows:
	Sec. 42.027.  TRANSFER OF EXTRATERRITORIAL JURISDICTION 
BETWEEN TWO GENERAL-LAW MUNICIPALITIES.  (a)  This section applies 
only to an area that:
		(1)  is located in the extraterritorial jurisdiction of 
a general-law municipality and initially became part of that 
extraterritorial jurisdiction on the date of that municipality's 
incorporation;
		(2)  would be located in the extraterritorial 
jurisdiction of a second general-law municipality and would have 
initially become part of that extraterritorial jurisdiction on the 
date of that municipality's incorporation if the first general-law 
municipality did not exist; and
		(3)  is contiguous to the corporate boundaries of the 
second general-law municipality.
	(b)  The owners of real property in the area may file a 
petition with the governing body of the second municipality 
requesting that the governing body:
		(1)  accept the transfer of the area from the 
extraterritorial jurisdiction of the first municipality  to the 
extraterritorial jurisdiction of the second municipality; and
		(2)  annex the area.                                                   
	(c)  The petition must:                                                 
		(1)  state the purpose of the petition;                                
		(2)  be signed, during the 60 days before the date the 
petition is filed, by each owner of real property in the area, as 
the owners are shown on the most recent tax rolls of the central 
appraisal district of the county in which the area is located;
		(3)  state the date each owner signs the petition;                     
		(4)  contain the printed name and the residential or 
business address of each owner;
		(5)  state the approximate number of acres in the area; 
and          
		(6)  describe the area by metes and bounds or, if a plat 
of the area has been prepared and recorded with the county in which 
the area is located, by lot and block number as shown on that  plat.
	(d)  After receiving and verifying the petition, the 
governing body of the second municipality by resolution may accept 
the  transfer of the area to the extraterritorial jurisdiction of 
that municipality and declare its intention to annex the area under 
Section 43.035.  The transfer of the area occurs automatically on 
the day after the date the resolution is adopted, and on that day, 
the area is:
		(1)  removed from the extraterritorial jurisdiction of 
the first municipality; and
		(2)  added to the extraterritorial jurisdiction of the 
second municipality.
	(e)  Promptly after adopting the resolution, the governing 
body of the second municipality shall give to the first 
municipality a written notice of the transfer of the area to the 
extraterritorial jurisdiction of the second municipality.  The 
notice must include the information described by Subsections (c)(5) 
and (6).
	(f)  Section 42.023 does not apply to the reduction made 
under this section to the extraterritorial jurisdiction of the 
first municipality.
	SECTION 2.  Subchapter B, Chapter 43, Local Government Code, 
is amended by adding Section 43.035 to read as follows:
	Sec. 43.035.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX 
AREA FOLLOWING TRANSFER OF EXTRATERRITORIAL JURISDICTION.  After a 
general-law municipality receives a petition and adopts a 
resolution under Section 42.027, the municipality may annex the 
area that is the subject of the petition and resolution.
	SECTION 3.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.