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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of extraterritorial jurisdiction between |
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certain home-rule and general-law municipalities and annexation of |
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certain territory by the general-law municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 42, Local Government Code, |
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is amended by adding Section 42.027 to read as follows: |
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Sec. 42.027. TRANSFER OF EXTRATERRITORIAL JURISDICTION |
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BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In |
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this section: |
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(1) "Accepting municipality" means a Type A |
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general-law municipality with a population of less than 7,500 that |
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does not own an electric, gas, or water utility and that is located |
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in the same county with at least 75 percent of the incorporated land |
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area of a releasing municipality. |
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(2) "Releasing municipality" means a home-rule |
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municipality with a population of more than 1.1 million that has |
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annexed territory for a limited purpose. |
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(b) The governing bodies of an accepting municipality and a |
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releasing municipality by resolution or ordinance may agree on or |
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before September 1, 2007, to include in the accepting |
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municipality's extraterritorial jurisdiction and exclude from the |
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releasing municipality's extraterritorial jurisdiction an area |
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that is in the extraterritorial jurisdiction of the releasing |
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municipality. |
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(c) If an agreement is not reached as provided by Subsection |
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(b), the governing body of an accepting municipality by resolution |
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or ordinance enacted before January 1, 2009, may include in the |
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accepting municipality's extraterritorial jurisdiction and exclude |
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from the releasing municipality's extraterritorial jurisdiction, |
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without the releasing municipality's consent, an area that is in |
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the extraterritorial jurisdiction of the releasing municipality if |
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the area: |
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(1) was not, as of September 30, 2004, identified for |
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annexation by the releasing municipality in the releasing |
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municipality's annexation plan under Section 43.052; and |
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(2) is contiguous to the accepting municipality's |
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corporate limits or extraterritorial jurisdiction as of the |
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effective date of the resolution or ordinance. |
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(d) The total area that may be transferred from a releasing |
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municipality's extraterritorial jurisdiction to an accepting |
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municipality's extraterritorial jurisdiction under this section |
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may not exceed in size the area contained in the corporate limits of |
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the accepting municipality as of the date of the transfer. |
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(e) An accepting municipality that has received territory |
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in its extraterritorial jurisdiction under Subsection (b) or (c) |
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may without consent annex the following in the manner provided by |
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Subchapter C, Chapter 43: |
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(1) any territory located in the accepting |
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municipality's extraterritorial jurisdiction on January 1, 2007; |
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and |
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(2) an area transferred to the accepting |
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municipality's extraterritorial jurisdiction under this section. |
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(f) An area to be transferred under this section must be |
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identified by a map and a metes and bounds description that must be |
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attached to or included in the resolution or ordinance. The map and |
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metes and bounds description need not be established by an |
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on-the-ground survey. |
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(g) A copy of the resolution or ordinance adopted by the |
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accepting municipality must be published once in a newspaper of |
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general circulation within the accepting municipality and once in a |
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newspaper of general circulation within the releasing municipality |
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not later than the 30th day after the date the resolution or |
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ordinance is adopted. If the newspaper in which publication is made |
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is a newspaper of general circulation in both municipalities, only |
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one publication of the copy of the resolution or ordinance is |
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required. |
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(h) The transfer of extraterritorial jurisdiction |
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identified in the resolution or ordinance is effective on the 10th |
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day after the date of publication under Subsection (g). |
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(i) To the extent of any conflict, this section controls |
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over another provision of a home-rule charter, this chapter, or |
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Chapter 43 or any other provision of this code. |
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(j) A resolution or ordinance adopted under this section and |
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the relevant provisions of this subchapter may be challenged only |
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by a quo warranto proceeding initiated by the attorney general. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |