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A BILL TO BE ENTITLED
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AN ACT
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relating to determining a municipality's extraterritorial |
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jurisdiction for municipal consent to the creation of a political |
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subdivision in that extraterritorial jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0425 to read as follows: |
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Sec. 42.0425. DETERMINING IF PROPOSED POLITICAL |
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SUBDIVISION IS IN EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY. |
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(a) In this section, "commission" means the Texas Commission on |
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Environmental Quality. |
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(b) Not later than the 30th day after the date consent is |
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requested under Section 42.042, a municipality claiming that |
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municipal consent is required under that section shall provide to |
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the commission a document that explains the basis for the claim and |
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clearly delineates the land in the municipality's extraterritorial |
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jurisdiction proposed to be included in the political subdivision. |
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(c) Not later than the 30th day after the date the |
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commission receives the document, the commission shall determine |
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whether the proposed political subdivision is located in the |
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extraterritorial jurisdiction of the municipality. The commission |
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shall base the determination on the limit of the municipality's |
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extraterritorial jurisdiction under Section 42.021 on the date on |
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which the petition was filed with the commission requesting |
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creation of the political subdivision. In making the determination |
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under this subsection and Section 42.021, the number of inhabitants |
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of the municipality is equal to the municipality's population as |
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most recently reported by the Texas State Data Center and Office of |
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the State Demographer before the date on which the petition was |
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filed. |
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(d) If the commission determines that the proposed |
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political subdivision was not in the extraterritorial jurisdiction |
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of the municipality on the date on which the petition was filed, or |
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the municipality fails to comply with Subsection (b), municipal |
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consent is not required under Section 42.042. |
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SECTION 2. Subchapter B, Chapter 54, Water Code, is amended |
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by adding Section 54.0165 to read as follows: |
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Sec. 54.0165. DETERMINING IF PROPOSED DISTRICT IS IN |
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EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY. (a) Not later than |
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the 30th day after the date consent is requested under Section |
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54.016, a municipality claiming that municipal consent is required |
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under that section shall provide to the commission, a document that |
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explains the basis for the claim and clearly delineates the land in |
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the municipality's extraterritorial jurisdiction proposed to be |
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included in the district. |
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(b) The commission shall determine whether the proposed |
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district is located in the extraterritorial jurisdiction of the |
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municipality. The commission shall base the determination on the |
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limit of the municipality's extraterritorial jurisdiction under |
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Section 42.021, Local Government Code, on the date on which the |
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petition was filed with the commission requesting creation of the |
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district. In making the determination under this subsection and |
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Section 42.021, Local Government Code, the number of inhabitants of |
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the municipality is equal to the municipality's population as most |
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recently reported by the Texas State Data Center and Office of the |
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State Demographer before the date on which the political |
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subdivision filed the petition with the commission. |
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(c) If the commission determines that the proposed district |
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was not in the extraterritorial jurisdiction of the municipality on |
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the date on which the petition was filed, or the municipality fails |
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to comply with Subsection (a), municipal consent is not required |
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under Section 54.016. |
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SECTION 3. The changes in law made by this Act apply only to |
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a petition requesting the creation of a political subdivision, |
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including a municipal utility district, filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. A petition filed before the effective date of this Act |
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is covered by the law in effect on the date the petition was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |