79S20314 MXM-D



By:  Mowery                                                       H.B. No. 49 





A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of certain home-rule municipalities on a barrier island in the Gulf of Mexico. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 43, Local Government Code, is amended by adding Section 43.904 to read as follows: Sec. 43.904. JURISDICTION OF CERTAIN HOME-RULE MUNICIPALITIES OVER BARRIER ISLANDS. (a) In this section, "barrier island" means an island bordering on the Gulf of Mexico. (b) This section applies only to a home-rule municipality that has a population of less than 50,000 and is not predominantly located on a barrier island. (c) The home-rule municipality may not: (1) extend its corporate limits to or have its extraterritorial jurisdiction on a barrier island on which a municipality incorporated before December 1, 2005, exists; or (2) annex land on the island. (d) An agreement by which a home-rule municipality pledges, directly or indirectly, taxes or other revenue from or attributable to territory located on a barrier island does not create an enforceable right to prevent the reformation of the municipality's boundary under Subsection (e). (e) The boundary of a home-rule municipality is void to the extent that it violates Subsection (c), and the boundary is reformed on December 1, 2005, to exclude the territory on the barrier island. SECTION 2. This Act takes effect December 1, 2005.