Texas HB 2512: Relating to the release of certain areas from a municipality's extraterritorial jurisdiction by petition or election.

Bill Text

H.B.ANo.A2512
AN ACT
relating to the release of certain areas from a municipality’s
extraterritorial jurisdiction by petition or election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 42.023, Local Government Code, is
amended to read as follows:
Sec.A42.023.AAREDUCTION 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)AAin cases of judicial apportionment of overlapping
extraterritorial jurisdictions under Section 42.901;
(2)AAin accordance with an agreement under Section
42.022(d); [or]
(3)AAas necessary to comply with Section 42.0235; or
(4)AAas necessary to comply with Subchapter D or E.
SECTIONA2.AASection 42.101, Local Government Code, is
amended to read as follows:
Sec.A42.101.AAAPPLICABILITY. This subchapter does not apply
to an area located:
(1)AAwithin five miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted;
(2)AAin an area that was voluntarily annexed into the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1

extraterritorial jurisdiction that is located in a county:
(A)AAin which the population grew by more than 50
percent from the previous federal decennial census in the federal
decennial census conducted in 2020; and
(B)AAthat has a population greater than 240,000;
(3)AAwithin the portion of the extraterritorial
jurisdiction of a municipality with a population of more than 1.4
million that is:
(A)AAwithin 15 miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted; and
(B)AAin a county with a population of more than two
million;
(4)AAin an area designated as an industrial district
under Section 42.044; [or]
(5)AAin an area subject to a strategic partnership
agreement entered into under Section 43.0751; or
(6)AAfor the extraterritorial jurisdiction of a
municipality located in four or more counties, one of which has a
population of 2.1 million or more and is adjacent to a county with a
population of 2.6 million or more:
(A)AAin an area subject to an active development
agreement entered into under Section 212.172 with the municipality;
(B)AAin a platted or unplatted lot of less than 12
acres unless included with the other land in a petition for release
under Section 42.102; or
(C)AAwithin a platted subdivision of 25 or more
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
H.B.ANo.A2512
2

lots if the area is a single lot.
SECTIONA3.AASection 42.151, Local Government Code, is
amended to read as follows:
Sec.A42.151.AAAPPLICABILITY. This subchapter does not apply
to an area located:
(1)AAwithin five miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted;
(2)AAin an area that was voluntarily annexed into the
extraterritorial jurisdiction that is located in a county:
(A)AAin which the population grew by more than 50
percent from the previous federal decennial census in the federal
decennial census conducted in 2020; and
(B)AAthat has a population greater than 240,000;
(3)AAwithin the portion of the extraterritorial
jurisdiction of a municipality with a population of more than 1.4
million that is:
(A)AAwithin 15 miles of the boundary of a military
base, as defined by Section 43.0117, at which an active training
program is conducted; and
(B)AAin a county with a population of more than two
million;
(4)AAin an area designated as an industrial district
under Section 42.044; [or]
(5)AAin an area subject to a strategic partnership
agreement entered into under Section 43.0751; or
(6)AAfor the extraterritorial jurisdiction of a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
H.B.ANo.A2512
3

municipality located in four or more counties, one of which has a
population of 2.1 million or more and is adjacent to a county with a
population of 2.6 million or more:
(A)AAin an area subject to an active development
agreement entered into under Section 212.172 with the municipality;
(B)AAin a platted or unplatted lot of less than 12
acres unless included with the other land in a petition for release
under Section 42.152; or
(C)AAwithin a platted subdivision of 25 or more
lots if the area is a single lot.
SECTIONA4.AASection 42.152, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a)AAA resident of an area in a municipality’s
extraterritorial jurisdiction may request the municipality to hold
an election in accordance with this subchapter to vote on the
question of whether to release the area from the municipality’s
extraterritorial jurisdiction by filing with the municipality a
petition that includes the signatures of at least five percent of
the registered voters residing in the area as of the date of the
pr