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A BILL TO BE ENTITLED
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AN ACT
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relating to relating to the extraterritorial jurisdiction of |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
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The extraterritorial jurisdiction of a municipality may not be |
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reduced unless the governing body of the municipality gives its |
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written consent by ordinance or resolution, except: |
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(1) in cases of judicial apportionment of overlapping |
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extraterritorial jurisdictions under Section 42.901; [or] |
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(2) in accordance with an agreement under Section |
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42.022(d); or |
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(3) in accordance with Section 42.0252. |
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SECTION 2. Subchapter B, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0252 to read as follows: |
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Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION BY |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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landowner whose property is located within: |
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(1) a county with a population of more than 40,000, and |
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less than 60,000; and |
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(2) the extraterritorial jurisdiction of a |
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municipality that has a population of more than 1,800,000. |
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(b) A landowner may provide notice to a municipality that |
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the landowner's property shall be released from the municipality's |
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extraterritorial jurisdiction. Upon the municipality's receipt of |
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such notice, the landowner's property shall be immediately released |
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from the municipality's extraterritorial jurisdiction for all |
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purposes. |
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(c) The notice of release shall be sufficient if it is |
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signed by the record owner of the property and describes the |
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property to be released by: |
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(i) a metes and bounds survey certified by a |
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licensed state land surveyor or a registered professional land |
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surveyor; |
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(ii) the Texas State Plane Coordinate |
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System; |
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(iii) verifiable landmarks, including a |
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road, creek, or railroad line; or |
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(iv) if a recorded plat of the area exists, |
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lot and block number. |
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SECTION 3. 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, 2013. |