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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of extraterritorial jurisdiction by certain |
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populous municipalities for certain purposes, including municipal |
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incorporation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 POPULOUS MUNICIPALITIES FOR CERTAIN PURPOSES. (a) In this |
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section: |
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(1) "Adopting municipality" means a municipality the |
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extraterritorial jurisdiction of which is less than the designated |
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distance that would otherwise be applied under Section 42.021 |
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because the extraterritorial jurisdiction of a releasing |
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municipality was previously established. |
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(2) "Releasing municipality" means a municipality |
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with a population of 1.8 million or more. |
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(b) A releasing municipality shall release an area from its |
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extraterritorial jurisdiction and an adopting municipality shall |
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include the area in its extraterritorial jurisdiction if: |
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(1) the adopting municipality receives: |
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(A) a petition that: |
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(i) is signed by a majority of the |
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registered voters of the area that requests the municipality to |
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annex the area; and |
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(ii) includes a metes and bounds |
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description of the area to be annexed; and |
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(B) the releasing municipality receives: |
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(i) a resolution from the adopting |
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municipality that states the adopting municipality's intention to |
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annex the area described in the petition under Paragraph (A) by |
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consent of the voters of the area; and |
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(ii) a copy of the petition described under |
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Paragraph (A); and |
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(2) the boundaries of the adopting municipality are |
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located contiguous to the area and the area is within the designated |
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distance applicable to that municipality under Section 42.021. |
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(c) A releasing municipality shall release the area |
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described under Subsection (b)(1)(A)(ii) not later than the 30th |
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day after the date the municipality receives the documents |
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described by Subsection (b)(1)(B) from a municipality that |
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satisfies the conditions of Subsection (b)(2). |
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(d) The annexation of an area described under Subsection |
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(b)(1)(A)(ii) by the adopting municipality must be completed on or |
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before the first anniversary of the date the releasing municipality |
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releases the area or the release of the area from that |
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municipality's extraterritorial jurisdiction is void. |
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SECTION 2. Section 42.041, Local Government Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) This section does not apply if the existing municipality |
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is a municipality with a population of 1.8 million or more. |
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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 December 1, 2017. |