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AN ACT
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relating to the release of certain areas 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. 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 necessary to comply with Subchapter D or E. |
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SECTION 2. Section 42.101, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.101. APPLICABILITY. This subchapter does not apply |
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to an area located: |
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(1) within five miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; |
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(2) in an area that was voluntarily annexed into the |
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extraterritorial jurisdiction that is located in a county: |
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(A) in which the population grew by more than 50 |
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percent from the previous federal decennial census in the federal |
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decennial census conducted in 2020; and |
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(B) that has a population greater than 240,000; |
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(3) within the portion of the extraterritorial |
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jurisdiction of a municipality with a population of more than 1.4 |
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million that is: |
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(A) within 15 miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; and |
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(B) in a county with a population of more than two |
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million; |
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(4) in an area designated as an industrial district |
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under Section 42.044; [or] |
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(5) in an area subject to a strategic partnership |
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agreement entered into under Section 43.0751; or |
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(6) for the extraterritorial jurisdiction of a |
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municipality located in four or more counties, one of which has a |
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population of 2.1 million or more and is adjacent to a county with a |
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population of 2.6 million or more: |
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(A) in an area subject to an active development |
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agreement entered into under Section 212.172 with the municipality; |
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(B) in a platted or unplatted lot of less than 12 |
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acres unless included with the other land in a petition for release |
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under Section 42.102; or |
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(C) within a platted subdivision of 25 or more |
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lots if the area is a single lot. |
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SECTION 3. Section 42.151, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.151. APPLICABILITY. This subchapter does not apply |
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to an area located: |
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(1) within five miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; |
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(2) in an area that was voluntarily annexed into the |
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extraterritorial jurisdiction that is located in a county: |
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(A) in which the population grew by more than 50 |
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percent from the previous federal decennial census in the federal |
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decennial census conducted in 2020; and |
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(B) that has a population greater than 240,000; |
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(3) within the portion of the extraterritorial |
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jurisdiction of a municipality with a population of more than 1.4 |
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million that is: |
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(A) within 15 miles of the boundary of a military |
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base, as defined by Section 43.0117, at which an active training |
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program is conducted; and |
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(B) in a county with a population of more than two |
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million; |
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(4) in an area designated as an industrial district |
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under Section 42.044; [or] |
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(5) in an area subject to a strategic partnership |
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agreement entered into under Section 43.0751; or |
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(6) for the extraterritorial jurisdiction of a |
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municipality located in four or more counties, one of which has a |
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population of 2.1 million or more and is adjacent to a county with a |
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population of 2.6 million or more: |
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(A) in an area subject to an active development |
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agreement entered into under Section 212.172 with the municipality; |
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(B) in a platted or unplatted lot of less than 12 |
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acres unless included with the other land in a petition for release |
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under Section 42.152; or |
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(C) within a platted subdivision of 25 or more |
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lots if the area is a single lot. |
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SECTION 4. Section 42.152, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) A resident of an area in a municipality's |
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extraterritorial jurisdiction may request the municipality to hold |
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an election in accordance with this subchapter to vote on the |
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question of whether to release the area from the municipality's |
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extraterritorial jurisdiction by filing with the municipality a |
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petition that includes the signatures of at least five percent of |
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the registered voters residing in the area as of the date of the |
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preceding uniform election date. A resident may only file for |
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release of an area if the resident resides in the area subject to |
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the release. |
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(d) If a municipality receives a petition under this |
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section, the municipality shall provide notice of the petition to |
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the residents and landowners of the area described by the petition. |
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The municipality shall provide the notice not later than the |
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seventh business day after the date the municipality receives the |
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petition. |
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SECTION 5. Subchapter E, Chapter 42, Local Government Code, |
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is amended by adding Section 42.157 to read as follows: |
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Sec. 42.157. OPT OUT OF REMOVAL. Before an area is released |
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from a municipality's extraterritorial jurisdiction under this |
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subchapter, a landowner in the area to be released must be provided |
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the opportunity to have the landowner's property remain within the |
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municipality's extraterritorial jurisdiction. |
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SECTION 6. The changes in law made by this Act apply only to |
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the eligibility of an area to be released from a municipality's |
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extraterritorial jurisdiction as the result of a petition filed |
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under Subchapter D, Chapter 42, Local Government Code, or an |
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election requested under Subchapter E of that chapter, as |
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applicable, on or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2512 was passed by the House on May |
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16, 2025, by the following vote: Yeas 112, Nays 21, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2512 on May 29, 2025, by the following vote: Yeas 119, Nays 20, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2512 was passed by the Senate, with |
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amendments, on May 27, 2025, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |