By: Hegar S.B. No. 1244
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to relating to the extraterritorial jurisdiction of
  certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.023, Local Government Code, is
  amended to read as follows:
         Sec. 42.023.  REDUCTION OF EXTRATERRITORIAL JURISDICTION.
  The extraterritorial jurisdiction of a municipality may not be
  reduced unless the governing body of the municipality gives its
  written consent by ordinance or resolution, except:
               (1)  in cases of judicial apportionment of overlapping
  extraterritorial jurisdictions under Section 42.901; [or]
               (2)  in accordance with an agreement under Section
  42.022(d); or
               (3)  in accordance with Section 42.0252.
         SECTION 2.  Subchapter B, Chapter 42, Local Government Code,
  is amended by adding Section 42.0252 to read as follows:
         Sec. 42.0252.  RELEASE OF EXTRATERRITORIAL JURISDICTION BY
  CERTAIN MUNICIPALITIES. (a) This section applies only to a
  landowner whose property is located within:
               (1)  a county with a population of more than 40,000, and
  less than 60,000; and
               (2)  the extraterritorial jurisdiction of a
  municipality  that has a population of more than 1,800,000.
         (b)  A landowner may provide notice to a municipality that
  the landowner's property shall be released from the municipality's
  extraterritorial jurisdiction. Upon the municipality's receipt of
  such notice, the landowner's property shall be immediately released
  from the municipality's extraterritorial jurisdiction for all
  purposes.
         (c)  The notice of release shall be sufficient if it is
  signed by the record owner of the property and describes the
  property to be released by:
                           (i)  a metes and bounds survey certified by a
  licensed state land surveyor or a registered professional land
  surveyor;
                           (ii)  the Texas State Plane Coordinate
  System;
                           (iii)  verifiable landmarks, including a
  road, creek, or railroad line; or
                           (iv)  if a recorded plat of the area exists,
  lot and block number.
         SECTION 3.  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, 2013.