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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 a |
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municipality involving certain areas. |
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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: |
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CERTAIN AREAS. (a) This section applies only in the |
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extraterritorial jurisdiction of a municipality to: |
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(1) an area that is subject to a legal determination |
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that the municipality failed to provide or agree to provide |
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adequate services to the area; or |
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(2) an area that is: |
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(A) adjacent to an area described by Subdivision |
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(1); |
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(B) part of a real estate subdivision that |
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contains all or part of an area described by Subdivision (1); and |
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(C) under the jurisdiction of a single property |
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owners' association that governs the entire real estate |
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subdivision. |
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(b) A majority of the registered voters in an area described |
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by Subsection (a)(1) or in a portion of the area may petition the |
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municipality to release the area from the municipality's |
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extraterritorial jurisdiction. |
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(c) A majority of the registered voters in an area described |
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by Subsection (a)(2) may petition the municipality to release the |
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area from the municipality's extraterritorial jurisdiction if a |
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petition has been filed under Subsection (b) for another area |
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located in the same real estate subdivision. |
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(d) A petition described by this section must be filed with |
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the secretary or clerk of the municipality. |
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(e) Not later than the 10th day after the date the secretary |
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or clerk receives a petition under this section, the secretary or |
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clerk shall determine whether the petition is valid. If the |
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petition is determined valid, the governing body of the |
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municipality shall immediately enter in the minutes or records of |
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the municipality an order releasing the area from the |
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municipality's extraterritorial jurisdiction. |
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SECTION 2. 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, 2019. |