SB 2523
AN ACT relating to the release of an area from the extraterritorial
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the release of an area from the extraterritorial
Subject Areas
Bill Text
relating to the release of an area from the extraterritorial jurisdiction of a municipality by petition. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.023, Local Government Code, is Sec. 42.023. REDUCTION 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) in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901; (2) in accordance with an agreement under Section (3) as necessary to comply with Section 42.0235; or (4) as necessary to comply with Subchapter D or E. SECTION 2. Section 42.102, Local Government Code, is Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A resident of an area 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. A resident may only file for release of an area if the resident resides in the area subject to (b) The owner or owners of the majority in value of an area consisting of one or more parcels of land 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. An area that is the subject of the petition may only include parcels for which the owner or owners have an ownership interest. SECTION 3. Section 42.104(a), Local Government Code, is (a) A petition requesting release under this subchapter (1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding (2) a majority in value of the holders of title of land in the area described by the petition, based on the aggregated appraised value of all real property located in the area as indicated by the most recent appraisal roll submitted to the municipality under Chapter 26, Tax Code [tax rolls of the applicable central appraisal district]. SECTION 4. Section 42.105, Local Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to (b) The municipality shall notify the residents and landowners of the area described by the petition that the municipality has received the petition. The municipality shall provide the notice required by this subsection not later than the seventh business day after the date the municipality receives the (b-1) The municipality shall notify the residents and landowners of the area described by the petition of the results of the petition. The municipality may satisfy the requirement of this subsection [this requirement] by notifying the person who filed the SECTION 5. Subchapter D, Chapter 42, Local Government Code, is amended by adding Section 42.106 to read as follows: Sec. 42.106. OPT OUT OF REMOVAL. Before an area is released from a municipality's extraterritorial jurisdiction under this subchapter, a landowner in the area to be released must be permitted to opt their property out of the release. SECTION 6. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the release of an area from the extraterritorial
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