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AN ACT
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relating to the authority of a municipality to impose a fine or fee |
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in certain areas in the municipality's extraterritorial |
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jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 42, Local Government Code, |
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is amended by adding Section 42.9025 to read as follows: |
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Sec. 42.9025. RESTRICTION ON IMPOSING FINE OR FEE IN |
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CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION. (a) This section |
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applies only to an area that is located in a municipality's |
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extraterritorial jurisdiction and: |
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(1) that has been disannexed from the municipality |
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under Subchapter G, Chapter 43; or |
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(2) for which the municipality has attempted and |
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failed to obtain consent for annexation under Subchapter C-4 or |
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C-5, Chapter 43. |
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(b) Notwithstanding any other law, a municipality may not |
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impose under a municipal ordinance a fine or fee on a person on the |
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basis of: |
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(1) an activity that occurs wholly in an area |
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described by Subsection (a); or |
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(2) the management or ownership of property located |
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wholly in an area described by Subsection (a). |
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(c) This section does not limit a municipality, including a |
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municipally owned retail water, wastewater, or drainage utility, |
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from imposing in an area described by Subsection (a) a fine or fee, |
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including through the adoption and enforcement of rates, for water, |
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sewer, drainage, or other related utility services. |
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(d) This section does not apply to development or |
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redevelopment in an area in which an election was held under Section |
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43.0117. |
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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, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1168 passed the Senate on |
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April 23, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1168 passed the House on |
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May 23, 2021, by the following vote: Yeas 140, Nays 5, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |