87R3578 SCL-D
 
  By: Deshotel H.B. No. 3519
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to release of an area from a municipality's
  extraterritorial jurisdiction by petition or election.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Local Government Code, is amended by
  adding Subchapters D and E to read as follows:
  SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM
  EXTRATERRITORIAL JURISDICTION BY PETITION
         Sec. 42.101.  AUTHORITY TO FILE PETITION FOR RELEASE. A
  resident of an area with a population of less than 200 and in a
  municipality's extraterritorial jurisdiction may file a petition
  with the municipality in accordance with this subchapter for the
  area to be released from the extraterritorial jurisdiction if the
  area has been in the extraterritorial jurisdiction for at least one
  year.
         Sec. 42.102.  APPLICABILITY OF OTHER LAW. Chapter 277,
  Election Code, applies to a petition requesting removal under this
  subchapter.
         Sec. 42.103.  PETITION REQUIREMENTS. (a) A petition
  requesting release under this subchapter must be signed by more
  than 50 percent of the registered voters of the area described by
  the petition as of the date of the preceding uniform election date.
         (b)  A person filing a petition under this subchapter must
  satisfy the signature requirement described by Subsection (a) not
  later than the 180th day after the date the first signature for the
  petition is obtained.
         (c)  A signature collected under this section must be in
  writing.
         (d)  The petition must include a map of and describe the area
  to be released.
         Sec. 42.104.  RESULTS OF PETITION. (a) When the petition
  period prescribed by Section 42.103 ends, a petition requesting
  removal under this subchapter shall be verified by the municipal
  secretary or other person responsible for verifying signatures.
  The municipality must notify the residents and landowners of the
  area described by the petition of the results of the petition.
         (b)  If a resident does not obtain the number of signatures
  on the petition required to release the area from the
  municipality's extraterritorial jurisdiction, a resident may not
  file another petition under Section 42.101 to release the same or
  substantially same area from the municipality's extraterritorial
  jurisdiction until the first anniversary of the date the petition
  period ended.
         (c)  If a resident obtains the number of signatures on the
  petition required under Section 42.103 to release the area from the
  municipality's extraterritorial jurisdiction, the municipality
  shall immediately release the area from its extraterritorial
  jurisdiction.
  SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM
  EXTRATERRITORIAL JURISDICTION BY ELECTION
         Sec. 42.151.  AUTHORITY TO REQUEST ELECTION FOR RELEASE.
  (a) A resident of an area with a population of 200 or more and that
  has been in a municipality's extraterritorial jurisdiction for at
  least one year may request the municipality to hold an election in
  accordance with this subchapter to vote on the question of whether
  to release the area from the municipality's extraterritorial
  jurisdiction by filing with the municipality a petition that
  includes the signatures of at least five percent of the registered
  voters residing in the area as of the date of the preceding uniform
  election date.
         (b)  A resident may not request another election on the
  question of releasing the same or substantially same area from the
  municipality's extraterritorial jurisdiction before the first
  anniversary of the date the municipality receives a petition filed
  under Subsection (a).
         (c)  The petition must include a map of and describe the area
  to be released.
         Sec. 42.152.  ELECTION. (a) A municipality shall order an
  election on the question of whether to release an area from the
  municipality's extraterritorial jurisdiction to be held on the
  first uniform election date that falls on or after the 90th day
  after the date the municipality receives a petition that complies
  with Section 42.151.
         (b)  The municipality shall hold the election ordered under
  this section in the area described by the petition.
         (c)  An election ordered under this section must be held in
  the same manner as general elections of the municipality. The
  municipality shall pay for the costs of holding the election.
         Sec. 42.153.  RESULTS OF ELECTION. (a) Following an
  election held under this subchapter, the municipality shall notify
  the residents of the area proposed to be released from the
  municipality's extraterritorial jurisdiction of the results of the
  election.
         (b)  If at the election held under this subchapter a majority
  of voters approve the proposed release, the municipality shall
  immediately release the area for which the election was held from
  the municipality's extraterritorial jurisdiction.
         SECTION 2.  This Act takes effect September 1, 2021.