Bill Text: TX SB422 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the authority of a municipality to impose a fine or fee in certain areas in the municipality's extraterritorial jurisdiction.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2019-05-16 - Committee report sent to Calendars [SB422 Detail]
Download: Texas-2019-SB422-Comm_Sub.html
| 86R32218 SCL-D | ||
| By: Campbell, et al. | S.B. No. 422 | |
| (Bell of Montgomery) | ||
| Substitute the following for S.B. No. 422: No. | ||
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| relating to the authority of a municipality to impose a fine or fee | ||
| in certain areas in the municipality's extraterritorial | ||
| jurisdiction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 42, Local Government Code, | ||
| is amended by adding Section 42.9025 to read as follows: | ||
| Sec. 42.9025. RESTRICTION ON IMPOSING FINE OR FEE IN | ||
| CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION. (a) This section | ||
| applies only to an area that is located in a municipality's | ||
| extraterritorial jurisdiction and: | ||
| (1) that has been disannexed from the municipality | ||
| under Subchapter G, Chapter 43; or | ||
| (2) for which the municipality has attempted and | ||
| failed to obtain consent for annexation under Subchapter C-4 or | ||
| C-5, Chapter 43. | ||
| (b) Notwithstanding any other law, a municipality may not | ||
| impose under a municipal ordinance a fine or fee on a person on the | ||
| basis of: | ||
| (1) an activity that occurs wholly in an area | ||
| described by Subsection (a); or | ||
| (2) the management or ownership of property located | ||
| wholly in an area described by Subsection (a). | ||
| (c) This section does not limit a municipality, including a | ||
| municipally owned retail water, wastewater, or drainage utility, | ||
| from imposing in an area described by Subsection (a) a fine or fee, | ||
| including through the adoption and enforcement of rates, for water, | ||
| sewer, drainage, or other related utility services. | ||
| (d) This section does not apply to development or | ||
| redevelopment in an area in which an election was held under Section | ||
| 43.0117. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
