Bill Text: TX HB442 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the extraterritorial jurisdiction of and municipal annexation by certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-04-05 - Left pending in committee [HB442 Detail]
Download: Texas-2023-HB442-Introduced.html
| 88R2194 DRS-D | ||
| By: Schofield | H.B. No. 442 | |
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| relating to the extraterritorial jurisdiction of and municipal | ||
| annexation by certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.0015 to read as follows: | ||
| Sec. 42.0015. INAPPLICABILITY OF CERTAIN PROVISIONS TO | ||
| CERTAIN MUNICIPALITIES. (a) Sections 42.022, 42.023, and 42.041 | ||
| do not apply to a municipality with a population of more than 1.8 | ||
| million. | ||
| (b) This section expires September 1, 2028. | ||
| SECTION 2. Effective September 1, 2028, Subchapter A, | ||
| Chapter 42, Local Government Code, is amended by adding Section | ||
| 42.002 to read as follows: | ||
| Sec. 42.002. INAPPLICABILITY OF CHAPTER TO CERTAIN | ||
| MUNICIPALITIES. This chapter does not apply to a municipality with | ||
| a population of more than 1.8 million. | ||
| SECTION 3. Section 42.021, Local Government Code, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (e) This subsection applies only to a municipality with a | ||
| population of 1.8 million or more. For the purpose of determining | ||
| the extraterritorial jurisdiction of a municipality to which this | ||
| subsection applies, only the territory of the municipality within | ||
| the defined boundaries of the municipality that is receiving full | ||
| municipal police and fire protection services is considered to be | ||
| within the corporate boundaries of the municipality. The | ||
| extraterritorial jurisdiction of the municipality is the | ||
| unincorporated area that is located within five miles of the | ||
| corporate boundaries of the municipality as determined under this | ||
| subsection, provided that the unincorporated area is contiguous to | ||
| the defined boundaries of the municipality and not within the | ||
| extraterritorial jurisdiction of another municipality. This | ||
| subsection expires September 1, 2028. | ||
| SECTION 4. Section 42.902, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN | ||
| EXTRATERRITORIAL JURISDICTION. (a) The inclusion of an area in the | ||
| extraterritorial jurisdiction of a municipality does not by itself | ||
| authorize the municipality to impose a tax in the area. | ||
| (b) This subsection expires September 1, 2028. A | ||
| municipality with a population of 1.8 million or more may not impose | ||
| a tax in the extraterritorial jurisdiction of the municipality | ||
| unless: | ||
| (1) the municipality is otherwise authorized by law to | ||
| impose the tax in the extraterritorial jurisdiction; and | ||
| (2) the municipality provides police and fire | ||
| protection within the extraterritorial jurisdiction. | ||
| SECTION 5. Subchapter A-1, Chapter 43, Local Government | ||
| Code, is amended by adding Section 43.018 to read as follows: | ||
| Sec. 43.018. LIMITATIONS RELATED TO ANNEXATION AUTHORITY OF | ||
| CERTAIN MUNICIPALITIES. (a) This section applies only to a | ||
| municipality with a population of 1.8 million or more. | ||
| (b) Notwithstanding any other provision of law, including | ||
| Sections 42.021 and 43.056, and subject to Subsection (c): | ||
| (1) on September 1, 2028, the area located in the | ||
| extraterritorial jurisdiction of a municipality to which this | ||
| section applies is released from the municipality's | ||
| extraterritorial jurisdiction; | ||
| (2) beginning on September 1, 2028, a municipality to | ||
| which this section applies: | ||
| (A) does not have and may not acquire | ||
| extraterritorial jurisdiction over any area; and | ||
| (B) is prohibited from annexing any area; and | ||
| (3) not later than September 1, 2028, a municipality | ||
| to which this section applies must: | ||
| (A) provide or cause the provision of full | ||
| municipal services as defined by Section 43.056(c), including | ||
| police and fire protection, to all areas annexed by the | ||
| municipality; or | ||
| (B) disannex any area in which the municipality | ||
| is not providing or causing the provision of full municipal | ||
| services. | ||
| (c) A provision of Subsection (b) applies only to the extent | ||
| that the application of the provision does not impair an obligation | ||
| under the provision of a contract or other agreement. | ||
| (d) A municipality to which this section applies may not | ||
| enter into or renew a contract or other agreement after September 1, | ||
| 2023, that would create an obligation that would be impaired by a | ||
| provision of Subsection (b). | ||
| SECTION 6. Except as otherwise provided by this Act, this | ||
| Act takes effect September 1, 2023. | ||
