Relating to the release of an area from the extraterritorial jurisdiction of a municipality by petition.

89(R) SB 2523 - Engrossed version - Bill Text

By: Bettencourt

S.B. No. 2523

A BILL TO BE ENTITLED

AN ACT

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

amended to read as follows:

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

42.022(d); [
or
]

(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

amended to read as follows:

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

the release.

(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

amended to read as follows:

(a) A petition requesting release under this subchapter

must be signed by:

(1) 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; or

(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

read as follows:

(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

petition.

(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

petition under Section 42.102.

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.