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BILL ANALYSIS

 

 

Senate Research Center

H.B. 3552

 

By: Oliveira (Lucio)

 

Intergovernmental Relations

 

5/15/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties are concerned that there are municipalities with extraterritorial jurisdiction containing boundaries that were established without a formal agreement. The concerned parties note that these uncertainties inhibit growth and local control of matters within that jurisdiction.

 

H.B. 3552 amends current law relating to the release of extraterritorial jurisdiction by certain municipalities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter B, Chapter 42, Local Government Code, by adding Section 42.0252, as follows:

 

Sec. 42.0252.  RELEASE OF EXTRATERRITORIAL JURISDICTION EXTENDING ACROSS SHIP CHANNEL.  (a)  Requires a municipality with an extraterritorial jurisdiction of five miles that extends across a ship channel to release from its extraterritorial jurisdiction any strip of land less than one mile in width that lies entirely between the edge of the ship channel and the municipal boundary of a second municipality whose extraterritorial jurisdiction would include the strip if not for its inclusion in the first municipality's jurisdiction.

 

(b)  Provides that, on the release from the extraterritorial jurisdiction of a municipality under Subsection (a), the released area becomes part of the extraterritorial jurisdiction of the second municipality to the extent described by Section 42.021 (Extent of Extraterritorial Jurisdiction).

 

(c)  Provides that this section does not apply to a municipality with a population of more than 300,000 that is located in a county that borders the Gulf of Mexico.

 

SECTION 2. Effective date: September 1, 2013.