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A BILL TO BE ENTITLED
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AN ACT
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relating to release of an area from a municipality's |
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extraterritorial jurisdiction by petition or election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Local Government Code, is amended by |
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adding Subchapters D and E to read as follows: |
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SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENTS |
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FROM EXTRATERRITORIAL JURISDICTION |
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Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A |
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resident of an area with a population of less than 200 in a |
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municipality's extraterritorial jurisdiction may file a petition |
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with the municipality in accordance with this subchapter for the |
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area to be released from the extraterritorial jurisdiction. |
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(b) The owner or owners of the majority in value of an area |
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of land in a municipality's extraterritorial jurisdiction may file |
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a petition with the municipality in accordance with this subchapter |
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for the area to be released from the extraterritorial jurisdiction. |
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Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277, |
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Election Code, applies to a petition requesting removal under this |
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subchapter. |
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Sec. 42.103. PETITION REQUIREMENTS. (a) A petition |
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requesting release under this subchapter must be signed by: |
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(1) more than 50 percent of the registered voters of |
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the area described by the petition as of the date of the preceding |
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uniform election date; or |
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(2) a majority in value of the holders of title of land |
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in the area described by the petition, as indicated by the tax rolls |
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of the central appraisal district. |
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(b) A person filing a petition under this subchapter must |
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satisfy the signature requirement described by Subsection (a) not |
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later than the 180th day after the date the first signature for the |
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petition is obtained. |
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(c) A signature collected under this section must be in |
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writing. |
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(d) The petition must include a map of the land to be |
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released and describe the boundaries of the land to be released by |
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metes and bounds or by lot and block number, if there is a recorded |
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map or plat. |
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Sec. 42.104. RESULTS OF PETITION. (a) A petition |
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requesting removal under this subchapter shall be verified by the |
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municipal secretary or other person responsible for verifying |
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signatures. |
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(b) The municipality must notify the residents or |
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landowners of the area described by the petition of the results of |
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the petition. |
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(c) If a resident or landowner obtains the number of |
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signatures on the petition required under Section 42.103 to release |
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the area from the municipality's extraterritorial jurisdiction, |
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the municipality shall immediately release the area from its |
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extraterritorial jurisdiction. |
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Sec. 42.105. AREA NEAR MILITARY BASE. This subchapter does |
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not apply to any area located within five miles of the boundary of a |
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military base, as defined in Section 43.0117(a), in which an active |
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training program is conducted. |
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SUBCHAPTER E. RELEASE OF AREA BY ELECTION FROM |
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EXTRATERRITORIAL JURISDICTION |
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Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE. |
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(a) A resident of an area with a population of 200 or more and that |
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has been in a municipality's extraterritorial jurisdiction for at |
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least one year may request the municipality to hold an election in |
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accordance with this subchapter to vote on the question of whether |
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to release the area from the municipality's extraterritorial |
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jurisdiction by filing with the municipality a petition that |
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includes the signatures of at least five percent of the registered |
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voters residing in the area as of the date of the preceding uniform |
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election date. |
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(b) A resident may not request another election on the |
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question of releasing the same or substantially same area from the |
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municipality's extraterritorial jurisdiction before the first |
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anniversary of the date the municipality receives a petition filed |
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under Subsection (a). |
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(c) The petition must include a map of the land to be |
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released and describe the boundaries of the land to be released by |
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metes and bounds or by lot and block number, if there is a recorded |
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map or plat. |
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Sec. 42.152. ELECTION. (a) A municipality shall order an |
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election on the question of whether to release an area from the |
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municipality's extraterritorial jurisdiction to be held on the |
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first uniform election date that falls on or after the 90th day |
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after the date the municipality receives a petition that complies |
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with Section 42.151. |
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(b) The municipality shall hold the election ordered under |
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this section in the area described by the petition at which the |
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qualified voters of the area described by the petition may vote on |
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the question of the release. |
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(c) An election ordered under this section must be held in |
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the same manner as general elections of the municipality. The |
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municipality shall pay for the costs of holding the election. |
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Sec. 42.153. RESULTS OF ELECTION. (a) Following an |
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election held under this subchapter, the municipality shall notify |
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the residents of the area proposed to be released from the |
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municipality's extraterritorial jurisdiction of the results of the |
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election. |
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(b) If at the election held under this subchapter a majority |
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of qualified voters of the area to be released approve the proposed |
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release, the municipality shall immediately release the area for |
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which the election was held from the municipality's |
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extraterritorial jurisdiction. |
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Sec. 42.154. AREA NEAR MILITARY BASE. This subchapter does |
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not apply to any area located within five miles of the boundary of a |
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military base, as defined in Section 43.0117(a), in which an active |
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training program is conducted. |
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SECTION 2. This Act takes effect September 1, 2023. |