TITLE: Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.

SUMMARY: Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.

FULL TEXT:
AN ACT relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 42, Local Government Code, is amended by adding Subchapters Dand Eto read as follows: SUBCHAPTER D. RELEASE OF AREA WITH POPULATION OF LESS THAN 200 FROM EXTRATERRITORIAL JURISDICTION BY PETITION Sec. 42.101. AUTHORITY TO FILE PETITION FOR RELEASE. A resident of an area with a population of less than 200 and in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction if the area has been in the extraterritorial jurisdiction for at least one year. Sec. 42.102. APPLICABILITY OF OTHER LAW. Chapter 277, Election Code, applies to a petition requesting removal under this subchapter. Sec. 42.103. PETITION REQUIREMENTS. (a) A petition requesting release under this subchapter must be signed by more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date. (b) A person filing a petition under this subchapter must satisfy the signature requirement described by Subsection (a) not later than the 180th day after the date the first signature for the petition is obtained. (c) A signature collected under this section must be in writing. (d) The petition must include a map of and describe the area to be released. Sec. 42.104. RESULTS OF PETITION. (a) When the petition period prescribed by Section 42.103 ends, a petition requesting removal under this subchapter shall be verified by the municipal secretary or other person responsible for verifying signatures. The municipality must notify the residents and landowners of the area described by the petition of the results of the petition. (b) If a resident does not obtain the number of signatures on the petition required to release the area from the municipality's extraterritorial jurisdiction, a resident may not file another petition under Section 42.101 to release the same or substantially same area from the municipality's extraterritorial jurisdiction until the first anniversary of the date the petition period ended. (c) If a resident obtains the number of signatures on the petition required under Section 42.103 to release the area from the municipality's extraterritorial jurisdiction, the municipality shall immediately release the area from its extraterritorial jurisdiction. SUBCHAPTER E. RELEASE OF AREA WITH POPULATION OF 200 OR MORE FROM EXTRATERRITORIAL JURISDICTION BY ELECTION Sec. 42.151. AUTHORITY TO REQUEST ELECTION FOR RELEASE. (a) A resident of an area with a population of 200 or more and that has been in a municipality's extraterritorial jurisdiction for at least one year 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 preceding uniform election date. (b) A resident may not request another election on the question of releasing the same or substantially same area from the municipality's extraterritorial jurisdiction before the first anniversary of the date the municipality receives a petition filed under Subsection (a). (c) The petition must include a map of and describe the area to be released. Sec. 42.152. ELECTION. (a) A municipality shall order an election on the question of whether to release an area from the municipality's extraterritorial jurisdiction to be held on the first uniform election date that falls on or after the 90th day after the date the municipality receives a petition that complies with Section 42.151. (b) The municipality shall hold the election ordered under this section in the area described by the petition. (c) An election ordered under this section must be held in the same manner as general elections of the municipality. The municipality shall pay for the costs of holding the election. Sec. 42.153. RESULTS OF ELECTION. (a) Following an election held under this subchapter, the municipality shall notify the residents of the area proposed to be released from the municipality's extraterritorial jurisdiction of the results of the election. (b) If at the election held under this subchapter a majority of voters approve the proposed release, the municipality shall immediately release the area for which the election was held from the municipality's extraterritorial jurisdiction. SECTION 2. This Act takes effect September 1, 2021.