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78R7142 DRH-D

By:  Laubenberg                                                   H.B. No. 3539



A BILL TO BE ENTITLED

AN ACT

relating to the extent of extraterritorial jurisdiction of certain 
municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.021, Local Government Code, is 
amended to read as follows:
	Sec. 42.021.  EXTENT OF EXTRATERRITORIAL JURISDICTION.  (a)  
Except as provided by Subsection (b), the [The] extraterritorial 
jurisdiction of a municipality is the unincorporated area that is 
contiguous to the corporate boundaries of the municipality and that 
is located:
		(1)  within one-half mile of those boundaries, in the 
case of a municipality with fewer than 5,000 inhabitants;
		(2)  within one mile of those boundaries, in the case of 
a municipality with 5,000 to 24,999 inhabitants;
		(3)  within two miles of those boundaries, in the case 
of a municipality with 25,000 to 49,999 inhabitants;
		(4)  within 3 1/2 miles of those boundaries, in the case 
of a municipality with 50,000 to 99,999 inhabitants; or
		(5)  within five miles of those boundaries, in the case 
of a municipality with 100,000 or more inhabitants.
	(b)  The extraterritorial jurisdiction of a municipality is 
the unincorporated area that is contiguous to the corporate 
boundaries of the municipality and that is located within one mile 
of those boundaries if the municipality:
		(1)  has a population of more than 2,000 and less than 
25,000; and   
		(2)  is located in whole or in part in:                                
			(A)  a county with a population of one million or 
more; or          
			(B)  a county adjacent to a county with a 
population of one million or more.
	SECTION 2.  Subchapter Z, Chapter 42, Local Government Code, 
is amended by adding Section 42.9011 to read as follows:
	Sec. 42.9011.  APPORTIONMENT OF EXTRATERRITORIAL 
JURISDICTIONS OF CERTAIN MUNICIPALITIES THAT OVERLAPPED ON 
SEPTEMBER 1, 2003.  (a)  If, on September 1, 2003, the expanded 
extraterritorial jurisdiction that a municipality received under 
Section 42.021(b) overlapped the expanded extraterritorial 
jurisdiction that one or more other municipalities received on that 
date under Section 42.021(b), the governing bodies of the affected 
municipalities may apportion the overlapped area in the same manner 
as provided by Section 42.901.
	(b)  The expansion of the extraterritorial jurisdiction of a 
municipality under Section 42.021(b) may not include any area in 
the existing extraterritorial jurisdiction of another 
municipality.
	(c)  In applying Section 42.901(c) for purposes of this 
section, the date of September 1, 2003, is substituted for August 
23, 1963.
	SECTION 3.  This Act takes effect September 1, 2003.