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A BILL TO BE ENTITLED
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AN ACT
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relating to the change in boundaries by agreement between a |
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general-law municipality with a population of more than 5,000 and a |
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home-rule municipality with a population of more than 1.1 million. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.035 to read as follows: |
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Sec. 43.035. TRANSFER OF AREA AND CHANGE IN BOUNDARIES |
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BETWEEN CERTAIN MUNICIPALITIES. (a) This section applies only to |
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an area that: |
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(1) is contiguous to the corporate boundaries of a |
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municipality with a population of more than 5,000; |
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(2) is situated within the corporate boundaries of a |
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home-rule municipality with a population of more than 1.1 million; |
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(3) is without residents; and |
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(4) has situated within the area a facility having |
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over one million square feet of retail space that has remained |
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primarily vacant for at least 18 months prior to the effective date |
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of the boundary change agreement as determined by the |
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municipalities. |
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(b) A home-rule municipality with a population of more than |
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1.1 million may enter into a boundary change agreement before |
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December 31, 2008, with another municipality with a population of |
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more than 5,000 to release an area described by Subsection (a) from |
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the home-rule municipality's corporate boundaries and transfer the |
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area to be included within the corporate boundaries of the other |
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municipality. The boundary change agreement must be adopted by |
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ordinance or resolution of the governing body of each municipality |
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and must describe the area by metes and bounds description. |
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(c) The owners of a majority of the acreage of land |
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contained in an area described by Subsection (a) must consent in |
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writing to the release and transfer of the area to be included |
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within the corporate boundaries of the other municipality. The |
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owners' written consent to the release and transfer must contain a |
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metes and bounds description of the area and be submitted to each |
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municipality that is a party to the boundary change agreement prior |
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to the governing body's approval of the boundary change agreement. |
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(d) The other municipality that is a party to a boundary |
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change agreement authorized by this section, as a term or condition |
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of the boundary change agreement, may agree to share with the |
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home-rule municipality a portion of its local sales tax revenue or |
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ad valorem tax revenue, or both, attributable to the area that is |
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the subject of the boundary change agreement, for a defined period |
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of time. |
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(e) The agreement may establish an effective date of the |
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boundary change and may be subject to agreed upon conditions |
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precedent. On the effective date of the boundary change, the area |
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released and transferred as authorized by this section shall cease |
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to be part of the home-rule municipality and shall, upon the |
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effective date of the boundary change, be included within the |
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corporate boundaries of the other municipality for all purposes and |
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the corporate boundaries shall be extended to include the area. The |
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extraterritorial jurisdiction of each municipality shall also be |
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expanded or decreased in accordance with the changes in the |
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municipality's boundaries. Each municipality shall modify any |
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official map or other applicable document to reflect the change in |
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its boundaries. The area that is the subject of the boundary change |
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agreement shall be bound by any and all acts, ordinances, codes, |
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resolutions, and regulations of the other municipality. |
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(f) Notwithstanding any other provision of Chapter 43, |
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Sections 43.031, 43.051-43.057, 43.061-43.065, 43.148, and 43.905 |
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do not apply to any area that is the subject of, or to any party to, |
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a boundary change agreement authorized by this section. |
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(g) In the event any provision of the charter of a home-rule |
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municipality described by Subsection (a)(2) is in conflict with any |
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provision of this section, the provisions of this section shall |
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supersede and control over any conflicting charter provision. |
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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. |