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AN ACT
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relating to the change in municipal boundaries by agreement between |
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certain 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 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 located 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) has no residents; and |
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(4) has located within the area a facility with over |
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one million square feet of retail space that has remained primarily |
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vacant for at least 18 months before the effective date of the |
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boundary change agreement described by this section, as determined |
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by the municipalities that are parties to the agreement. |
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(b) Before December 31, 2008, a home-rule municipality with |
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a population of more than 1.1 million may enter into a boundary |
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change agreement with a municipality with a population of more than |
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5,000 to release an area described by Subsection (a) from the more |
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populous municipality's corporate boundaries and transfer the area |
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to be included within the corporate boundaries of the other |
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municipality. The boundary change agreement must: |
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(1) be adopted by ordinance or resolution of the |
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governing body of each municipality; and |
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(2) contain a metes and bounds description of the |
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area. |
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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: |
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(1) be submitted to each municipality that is a party |
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to the boundary change agreement before the governing body of |
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either municipality may approve the boundary change agreement; and |
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(2) contain a metes and bounds description of the |
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area. |
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(d) The less populous municipality, as a term of the |
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boundary change agreement, may agree to share a portion of that |
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municipality's local sales tax revenue or ad valorem tax revenue, |
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or both, attributable to the area that is the subject of the |
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boundary change agreement, for a defined period, with the more |
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populous municipality. |
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(e) The boundary change agreement may establish an |
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effective date of the boundary change and may be subject to |
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provisions that establish conditions precedent to the boundary |
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change. On the effective date of the boundary change: |
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(1) the area released and transferred as authorized by |
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this section ceases to be part of the more populous municipality and |
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is included within the corporate boundaries of the less populous |
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municipality for all purposes; |
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(2) the corporate boundaries of the less populous |
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municipality are extended to include the area; |
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(3) the extraterritorial jurisdiction of each |
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municipality is expanded or decreased in accordance with the |
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changes in the municipality's boundaries; and |
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(4) the area that is the subject of the boundary change |
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agreement is bound by the acts, ordinances, codes, resolutions, and |
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regulations of the less populous municipality. |
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(f) Each municipality shall modify any official map or other |
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applicable document to reflect the change in the municipality's |
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boundaries. |
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(g) Notwithstanding any other provision of this chapter, |
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Sections 43.031, 43.148, and 43.905 and Subchapters C and C-1 do not |
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apply to an area that is the subject of, or a party to, a boundary |
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change agreement authorized by this section. |
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(h) If a 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 prevail |
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over the 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3367 was passed by the House on April |
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27, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3367 on May 23, 2007, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3367 was passed by the Senate, with |
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amendments, on May 18, 2007, by the following vote: Yeas 29, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |