85R2338 JTS-F
 
  By: Isaac H.B. No. 3156
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of extraterritorial jurisdiction between
  certain home-rule and general-law municipalities and annexation of
  certain territory by the general-law 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 42.027 to read as follows:
         Sec. 42.027.  TRANSFER OF EXTRATERRITORIAL JURISDICTION
  BETWEEN CERTAIN HOME-RULE AND GENERAL-LAW MUNICIPALITIES. (a) In
  this section:
               (1)  "Accepting municipality" means a Type A
  general-law municipality with a population of less than 4,000
  located in a county adjacent to a county in which a releasing
  municipality is primarily located.
               (2)  "Releasing municipality" means a home-rule
  municipality with a population of more than 750,000 and less than
  one million.
         (b)  The governing body of an accepting municipality by
  resolution or ordinance may include in the accepting municipality's
  extraterritorial jurisdiction and exclude from the releasing
  municipality's extraterritorial jurisdiction, without the
  releasing municipality's consent, an area that is in the
  extraterritorial jurisdiction of the releasing municipality if the
  area:
               (1)  is not, as of September 30, 2016, identified for
  annexation by the releasing municipality in the releasing
  municipality's annexation plan under Section 43.052; and
               (2)  is contiguous to the accepting municipality's
  corporate limits or extraterritorial jurisdiction as of the
  effective date of the resolution or ordinance.
         (c)  The total area that may be transferred from a releasing
  municipality's extraterritorial jurisdiction to an accepting
  municipality's extraterritorial jurisdiction under this section
  may not exceed in size the area contained in the corporate limits of
  the accepting municipality as of the date of the transfer.
         (d)  An accepting municipality that has adopted a resolution
  or ordinance under Subsection (b) may annex the following in the
  manner provided by Subchapter C, Chapter 43:
               (1)  any territory located in the accepting
  municipality's extraterritorial jurisdiction before January 1,
  2017; and
               (2)  any area transferred to the accepting
  municipality's extraterritorial jurisdiction under this section.
         (e)  An area to be transferred under this section must be
  identified by a map and a metes and bounds description that must be
  attached to or included in the resolution or ordinance. The map and
  metes and bounds description need not be established by an
  on-the-ground survey.
         (f)  A copy of the resolution or ordinance adopted by the
  accepting municipality must be published once in a newspaper of
  general circulation within the accepting municipality and once in a
  newspaper of general circulation within the releasing municipality
  not later than the 30th day after the date the resolution or
  ordinance is adopted. If the newspaper in which publication is made
  is a newspaper of general circulation in both municipalities, only
  one publication of the copy of the resolution or ordinance is
  required.
         (g)  The transfer of extraterritorial jurisdiction
  identified in the resolution or ordinance is effective on the 10th
  day after the date of publication under Subsection (f).
         (h)  To the extent of any conflict, this section controls
  over another provision of a home-rule charter, this chapter, or
  Chapter 43 or any other provision of this code.
         (i)  A resolution or ordinance adopted under this section and
  the relevant provisions of this subchapter may be challenged only
  by a quo warranto proceeding initiated by the attorney general.
         (j)  This section expires December 31, 2023.
         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, 2017.