82R7787 PAM-D

By: Garza H.B. No. 1883

A BILL TO BE ENTITLED

AN ACT

relating to the release and transfer of extraterritorial jurisdiction by certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 42, Local Government Code, is amended by adding Section 42.0255 to read as follows:

Sec. 42.0255. RELEASE AND TRANSFER OF EXTRATERRITORIAL JURISDICTION INVOLVING CERTAIN MUNICIPALITIES. (a) In this section:

(1) "Adopting municipality" means a municipality that:

(A) is incorporated in the extraterritorial jurisdiction of an existing municipality with the consent of the existing municipality under Section 42.041; and

(B) is completely surrounded by the extraterritorial jurisdiction of the existing municipality described by Paragraph (A).

(2) "Releasing municipality" means the existing municipality described by Subdivision(1)(A).

(b) The governing body of an adopting municipality may by resolution petition a releasing municipality to release area in the extraterritorial jurisdiction of the releasing municipality located contiguous to and within one-half mile of the boundaries surrounding the adopting municipality. The petition must sufficiently describe the area to be released to precisely locate the area on a map.

(c) Not later than the 30th day after the date a releasing municipality receives a petition under Subsection (b), the governing body of the releasing municipality, by ordinance or resolution, shall release the area described by Subsection (b), except as provided by Subsection (d). The ordinance or resolution must sufficiently describe the area to precisely locate the area on a map. If the governing body of the releasing municipality fails or refuses to release the area within the period prescribed by this subsection, that failure or refusal constitutes the governing body's consent to release the area.

(d) A releasing municipality that receives a petition under Subsection (b) is not required to release any area in the extraterritorial jurisdiction described by Subsection (b) if the area:

(1) is annexed for limited purposes;

(2) has been included in the releasing municipality's municipal annexation plan under Section 43.052 for at least one year; or

(3) is proposed for annexation and is not required to be included in a municipal annexation plan under Section 43.052.

(e) On the date the governing body of the releasing municipality releases the area by ordinance or resolution or by operation of law as provided by Subsection (c), the released area is included in the extraterritorial jurisdiction of the adopting municipality and excluded from the extraterritorial jurisdiction of the releasing municipality.

(f) The governing body of the adopting municipality shall confirm the inclusion of the released area in the municipality's extraterritorial jurisdiction under Subsection (d) by ordinance or resolution. The ordinance or resolution must sufficiently describe the area to precisely locate the area on a map. If the releasing municipality released the area by ordinance or resolution under Subsection (c), the adopting municipality's ordinance or resolution must describe the area in the same manner.

(g) An adopting municipality and releasing municipality under this section shall enter into a memorandum of understanding to provide for the transition of the application of any municipal ordinances to the transferred extraterritorial jurisdiction.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.