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A BILL TO BE ENTITLED
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AN ACT
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relating to the extraterritorial jurisdiction of certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.021, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This subsection applies only to a municipality with a |
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population of 1.8 million or more. For the purpose of determining |
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the extraterritorial jurisdiction of a municipality to which this |
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subsection applies, only the territory of the municipality within |
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the defined boundaries of the municipality that is receiving full |
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municipal police and fire protection services is considered to be |
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within the corporate boundaries of the municipality. The |
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extraterritorial jurisdiction of the municipality is the |
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unincorporated area that is located within five miles of the |
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corporate boundaries of the municipality as determined under this |
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subsection, provided that the unincorporated area is contiguous to |
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the defined boundaries of the municipality and not within the |
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extraterritorial jurisdiction of another municipality. |
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SECTION 2. Section 42.022, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This section does not apply to a municipality with a |
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population of 1.8 million or more. |
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SECTION 3. Section 42.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
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The extraterritorial jurisdiction of a municipality may not be |
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reduced unless the governing body of the municipality gives its |
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written consent by ordinance or resolution, except: |
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(1) in cases of judicial apportionment of overlapping |
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extraterritorial jurisdictions under Section 42.901; |
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(2) in accordance with an agreement under Section |
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42.022(d); [or] |
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(3) as necessary to comply with Section 42.0235; or |
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(4) as provided by Section 42.021(e). |
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SECTION 4. Section 42.041(e), Local Government Code, is |
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amended to read as follows: |
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(e) This section applies only to the proposed |
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municipality's area located in the extraterritorial jurisdiction |
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of an [the] existing municipality with a population of less than 1.8 |
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million. |
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SECTION 5. Section 42.902, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN |
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EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the |
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extraterritorial jurisdiction of a municipality does not by itself |
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authorize the municipality to impose a tax in the area. |
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(b) A municipality with a population of 1.8 million or more |
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may not impose a tax in the extraterritorial jurisdiction of the |
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municipality unless: |
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(1) the municipality is otherwise authorized by law to |
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impose the tax in the extraterritorial jurisdiction; and |
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(2) the municipality provides police and fire |
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protection services within the extraterritorial jurisdiction. |
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SECTION 6. This Act takes effect September 1, 2023. |