| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to release of an area from a municipality's |
|
|
extraterritorial jurisdiction. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 42.023, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. |
|
|
The extraterritorial jurisdiction of a municipality may not be |
|
|
reduced unless the governing body of the municipality gives its |
|
|
written consent by ordinance or resolution, except: |
|
|
(1) in cases of judicial apportionment of overlapping |
|
|
extraterritorial jurisdictions under Section 42.901; |
|
|
(2) in accordance with an agreement under Section |
|
|
42.022(d); or |
|
|
(3) as necessary to comply with Section 42.0235 or |
|
|
42.103(b). |
|
|
SECTION 2. Chapter 42, Local Government Code, is amended by |
|
|
adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. RELEASE OF AREA FROM EXTRATERRITORIAL JURISDICTION BY |
|
|
ELECTION |
|
|
Sec. 42.101. AUTHORITY TO REQUEST ELECTION FOR RELEASE. |
|
|
(a) Except as provided by Subsection (b), a resident of an area in a |
|
|
municipality's extraterritorial jurisdiction may file a petition |
|
|
to request an election on the question of whether to release the |
|
|
area from the municipality's extraterritorial jurisdiction. The |
|
|
petition must include: |
|
|
(1) the signatures of at least five percent of the |
|
|
registered voters residing in the area; and |
|
|
(2) a map and description of the area. |
|
|
(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 the initial |
|
|
petition filed under Subsection (a). |
|
|
Sec. 42.102. ELECTION. (a) A municipality that receives a |
|
|
petition under Section 42.101 for the release of an area from the |
|
|
municipality's extraterritorial jurisdiction shall order an |
|
|
election on the question of whether to release the area to be held |
|
|
on the first uniform election date that falls on or after the date |
|
|
the municipality receives the petition. |
|
|
(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 shall be held in |
|
|
the same manner as general elections of the municipality. The |
|
|
municipality shall pay for the costs of holding the election. |
|
|
Sec. 42.103. RESULTS OF ELECTION. (a) Following an |
|
|
election held under this subchapter, the municipality must 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 qualified 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 3. 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. |