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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of an area from the extraterritorial |
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jurisdiction of a municipality by petition. |
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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 42.102, Local Government Code, is |
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amended to read as follows: |
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Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A |
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resident of an area in a municipality's extraterritorial |
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jurisdiction may file a petition with the municipality in |
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accordance with this subchapter for the area to be released from the |
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extraterritorial jurisdiction. 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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(b) The owner or owners of the majority in value of an area |
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consisting of one or more parcels of land in a municipality's |
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extraterritorial jurisdiction may file a petition with the |
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municipality in accordance with this subchapter for the area to be |
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released from the extraterritorial jurisdiction. An area that is |
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the subject of the petition may only include parcels for which the |
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owner or owners have an ownership interest. |
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SECTION 3. Section 42.104(a), Local Government Code, is |
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amended to read as follows: |
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(a) A petition requesting release under this subchapter |
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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, based on the aggregated |
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appraised value of all real property located in the area as |
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indicated by the most recent appraisal roll submitted to the |
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municipality under Chapter 26, Tax Code [tax rolls of the |
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applicable central appraisal district]. |
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SECTION 4. Section 42.105, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) The municipality shall notify the residents and |
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landowners of the area described by the petition that the |
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municipality has received the petition. The municipality shall |
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provide the notice required by this subsection 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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(b-1) The municipality shall notify the residents and |
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landowners of the area described by the petition of the results of |
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the petition. The municipality may satisfy the requirement of this |
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subsection [this requirement] by notifying the person who filed the |
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petition under Section 42.102. |
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SECTION 5. Subchapter D, Chapter 42, Local Government Code, |
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is amended by adding Section 42.106 to read as follows: |
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Sec. 42.106. 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 permitted |
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to opt their property out of the release. |
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SECTION 6. This Act takes effect September 1, 2025. |
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* * * * * |