88R1969 DRS-D
 
  By: Bell of Montgomery H.B. No. 375
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release and inclusion of extraterritorial
  jurisdiction by a municipality involving certain areas.
         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 42.0253 to read as follows:
         Sec. 42.0253.  RELEASE AND INCLUSION OF EXTRATERRITORIAL
  JURISDICTION: CERTAIN AREAS. (a) This section applies only to an
  area that is located in:
               (1)  the extraterritorial jurisdiction of a
  municipality; and
               (2)  a county with a population of less than 75,000 that
  is adjacent to three counties with populations of more than
  450,000.
         (b)  A majority of the registered voters in an area subject
  to this section may petition the municipality to release the area
  from the municipality's extraterritorial jurisdiction. The
  petition must be filed with the secretary or clerk of the
  municipality.
         (c)  Not later than the 10th day after the date the secretary
  or clerk receives a petition under Subsection (b), the secretary or
  clerk shall determine whether the petition is valid.  If the
  petition is determined valid, the governing body of the
  municipality shall immediately enter in the minutes or records of
  the municipality an order releasing the area from the
  municipality's extraterritorial jurisdiction.
         (d)  An area released under Subsection (c) becomes an
  unincorporated area of the county.  A municipality may include the
  area in the municipality's extraterritorial jurisdiction if:
               (1)  the municipality is otherwise eligible to include
  the area in its extraterritorial jurisdiction under this chapter;
  and
               (2)  the municipality receives a petition signed by a
  majority of the registered voters of the area requesting inclusion.
         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, 2023.