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A BILL TO BE ENTITLED
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AN ACT
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relating to the release and inclusion of extraterritorial |
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jurisdiction by a 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 42.0253 to read as follows: |
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Sec. 42.0253. RELEASE AND INCLUSION OF EXTRATERRITORIAL |
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JURISDICTION: CERTAIN AREAS. (a) This section applies only to an |
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area that is located in: |
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(1) the extraterritorial jurisdiction of a |
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municipality; and |
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(2) a county with a population of less than 75,000 that |
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is adjacent to three counties with populations of more than |
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450,000. |
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(b) A majority of the registered voters in an area subject |
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to this section may petition the municipality to release the area |
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from the municipality's extraterritorial jurisdiction. The |
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petition must be filed with the secretary or clerk of the |
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municipality. |
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(c) Not later than the 10th day after the date the secretary |
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or clerk receives a petition under Subsection (b), 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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(d) An area released under Subsection (c) becomes an |
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unincorporated area of the county. A municipality may include the |
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area in the municipality's extraterritorial jurisdiction if: |
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(1) the municipality is otherwise eligible to include |
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the area in its extraterritorial jurisdiction under this chapter; |
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and |
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(2) the municipality receives a petition signed by a |
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majority of the registered voters of the area requesting inclusion. |
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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, 2023. |