Cook Bill Lets A City’s Own Plan Keep Land From Leaving

The text as introduced · 738 words

89R3035 MZM-F

By: Cook
H.B. No. 1901

A BILL TO BE ENTITLED

AN ACT

relating to the release of certain areas from a municipality's

extraterritorial jurisdiction by petition or election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.101, Local Government Code, is

amended to read as follows:

Sec. 42.101. APPLICABILITY. This subchapter does not apply

to an area located:

(1) within :

(A) one-quarter mile of the corporate boundaries

of a municipality with a population of less than 5,000;

(B) one-half mile of the corporate boundaries of

a municipality with a population of 5,000 to 24,999;

(C) one mile of the corporate boundaries of a

municipality with a population of 25,000 to 49,999;

(D) 1-1/2 miles of the corporate boundaries of a

municipality with a population of 50,000 to 99,999; or

(E) 2-1/2 miles of the corporate boundaries of a

municipality with a population of 100,000 or more;

(2) within five miles of the boundary of a military

base, as defined by Section 43.0117, at which an active training

program is conducted;

(3) [ (2) ] in an area that was voluntarily annexed into

the extraterritorial jurisdiction that is located in a county:

(A) in which the population grew by more than 50

percent from the previous federal decennial census in the federal

decennial census conducted in 2020; and

(B) that has a population greater than 240,000;

(4) [ (3) ] within the portion of the extraterritorial

jurisdiction of a municipality with a population of more than 1.4

million that is:

(A) within 15 miles of the boundary of a military

base, as defined by Section 43.0117, at which an active training

program is conducted; and

(B) in a county with a population of more than two

million;

(5) [ (4) ] in an area designated as an industrial

district under Section 42.044; [ or ]

(6) [ (5) ] in an area subject to a strategic

partnership agreement entered into under Section 43.0751 ; or

(7) in an area identified in a municipality's

long-range master plan for land use, water infrastructure,

wastewater infrastructure, or roadways .

SECTION 2. Section 42.151, Local Government Code, is

amended to read as follows:

Sec. 42.151. APPLICABILITY. This subchapter does not apply

to an area located:

(1) within :

(A) one-quarter mile of the corporate boundaries

of a municipality with a population of less than 5,000;

(B) one-half mile of the corporate boundaries of

a municipality with a population of 5,000 to 24,999;

(C) one mile of the corporate boundaries of a

municipality with a population of 25,000 to 49,999;

(D) 1-1/2 miles of the corporate boundaries of a

municipality with a population of 50,000 to 99,999; or

(E) 2-1/2 miles of the corporate boundaries of a

municipality with a population of 100,000 or more;

(2) within five miles of the boundary of a military

base, as defined by Section 43.0117, at which an active training

program is conducted;

(3) [ (2) ] in an area that was voluntarily annexed into

the extraterritorial jurisdiction that is located in a county:

(A) in which the population grew by more than 50

percent from the previous federal decennial census in the federal

decennial census conducted in 2020; and

(B) that has a population greater than 240,000;

(4) [ (3) ] within the portion of the extraterritorial

jurisdiction of a municipality with a population of more than 1.4

million that is:

(A) within 15 miles of the boundary of a military

base, as defined by Section 43.0117, at which an active training

program is conducted; and

(B) in a county with a population of more than two

million;

(5) [ (4) ] in an area designated as an industrial

district under Section 42.044; [ or ]

(6) [ (5) ] in an area subject to a strategic

partnership agreement entered into under Section 43.0751 ; or

(7) in an area identified in a municipality's

long-range master plan for land use, water infrastructure,

wastewater infrastructure, or roadways .

SECTION 3. The changes in law made by this Act apply only to

the eligibility of an area to be released from a municipality's

extraterritorial jurisdiction as the result of a petition filed

under Subchapter D, Chapter 42, Local Government Code, or an

election requested under Subchapter E of that chapter, as

applicable, on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.