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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. |
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(a) This section applies only to an area that: |
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(1) is contiguous to the corporate boundaries of a |
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general-law 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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and |
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(3) is without residents. |
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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 with a |
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general-law municipality with a population of more than 5,000 to |
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release an area described by Section 43.035(a) from the home-rule |
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municipality's corporate boundaries and transfer said area to be |
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included within the corporate boundaries of the general-law |
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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 Section 43.035(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 general-law municipality. |
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The owners' written consent to the release and transfer must |
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contain a metes and bounds description of the area and be submitted |
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to each municipality that is a party to the boundary change |
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agreement prior to the governing body's approval of the boundary |
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change agreement. |
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(d) A general-law municipality that is a party to a boundary |
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change agreement authorized by this Section 43.035, as a term or |
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condition of the boundary change agreement, may agree to share with |
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the home-rule municipality a portion of its local sales tax revenue |
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or 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) Upon the effective date of the boundary change |
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agreement, the area released and transferred as authorized by |
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Section 43.035 shall cease to be part of the home-rule municipality |
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and shall, upon the effective date, be included within the |
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corporate boundaries of the general-law municipality for all |
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purposes and the corporate boundaries shall be extended to include |
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said area. The extraterritorial jurisdiction of each municipality |
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shall also be expanded or decreased in accordance with the changes |
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in the municipality's boundaries. Each municipality shall modify |
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any official map or other applicable document to reflect the change |
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in its boundaries. The area that is the subject of the boundary |
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change agreement shall be bound by any and all acts, ordinances, |
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codes, resolutions and regulations of the general-law |
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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 Section 43.035. |
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(g) In the event any provision of the charter of a home-rule |
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city described by Section 43.035(a)(2) is in conflict with any |
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provision of Section 43.035, the provisions of Section 43.035 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. |