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