79R4612 DRH-F

By:  Madla                                                        S.B. No. 1104



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of extraterritorial jurisdiction between 
certain home-rule and general-law municipalities and annexation of 
certain territory by the general-law municipalities.
	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 CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES.  (a)  In 
this section:
		(1)  "Accepting municipality" means a Type A 
general-law municipality with a population of less than 7,500 
located in the same county with at least 75 percent of the 
incorporated land area of a releasing municipality.
		(2)  "Releasing municipality" means a home-rule 
municipality with a population of more than 1.1 million that has 
annexed territory for a limited purpose.
	(b)  The governing body of an accepting municipality by 
resolution or ordinance may include in the accepting municipality's 
extraterritorial jurisdiction and exclude from the releasing 
municipality's extraterritorial jurisdiction, without the 
releasing municipality's consent, an area that is in the 
extraterritorial jurisdiction of the releasing municipality if the 
area:
		(1)  is not, as of September 30, 2004, identified for 
annexation by the releasing municipality in the releasing 
municipality's annexation plan under Section 43.052; and
		(2)  is contiguous to the accepting municipality's 
corporate limits or extraterritorial jurisdiction as of the 
effective date of the resolution or ordinance.
	(c)  The total area that may be transferred from a releasing 
municipality's extraterritorial jurisdiction to an accepting 
municipality's extraterritorial jurisdiction under this section 
may not exceed in size the area contained in the corporate limits of 
the accepting municipality as of the date of the transfer.
	(d)  An accepting municipality that has adopted a resolution 
or ordinance under Subsection (b) may without consent annex the 
following in the manner provided by Subchapter C, Chapter 43:
		(1)  any territory located in the accepting 
municipality's extraterritorial jurisdiction before January 1, 
2005; and
		(2)  an area transferred to the accepting 
municipality's extraterritorial jurisdiction under this section.
	(e)  An area to be transferred under this section must be 
identified by a map and a metes and bounds description that must be 
attached to or included in the resolution or ordinance.  The map and 
metes and bounds description need not be established by an on the 
ground survey.
	(f)  A copy of the resolution or ordinance adopted by the 
accepting municipality must be published once in a newspaper of 
general circulation within the accepting municipality and once in a 
newspaper of general circulation within the releasing municipality 
not later than the 30th day after the date the resolution or 
ordinance is adopted.  If the newspaper in which publication is made 
is a newspaper of general circulation in both the municipalities, 
only one publication of the copy of the resolution or ordinance is 
required.
	(g)  The transfer of extraterritorial jurisdiction 
identified in the resolution or ordinance is effective on the 10th 
day after the date of publication under Subsection (f).
	(h)  To the extent of any conflict, this section controls 
over another provision of a home-rule charter, this chapter, or 
Chapter 43 or any other provision of this code.
	(i)  A resolution or ordinance adopted under this section and 
the relevant provisions of this subchapter may only be challenged 
by a quo warranto proceeding initiated by the attorney general.
	SECTION 2.  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, 2005.