SB2523 - Relating to the release of an area from the extraterritorial jurisdiction of a municipality by petition.

      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.