HBA-DMD, EVB H.B. 3809 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3809
By: Lewis, Ron
Land & Resource Management
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the extraterritorial jurisdiction (ETJ) of
certain home-rule municipalities may have extended across a navigable
stream, as defined by Section 21.001 (Definitions), Natural Resources Code.
H.B. 3809 limits the ETJ of certain home-rule municipalities. This bill
requires a municipality that includes a navigable stream in its ETJ, to
adopt an ordinance removing that area from the municipality's ETJ or enter
into an agreement with an adjacent municipality in which that area is
located, in order to transfer that area to the ETJ of that municipality by
a specified date. This bill also provides that if this action is not taken,
then the area is automatically removed from the ETJ of that municipality.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 42, Local Government Code, by
adding Section 42.026, as follows: 

Sec. 42.026. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN
MUNICIPALITIES.  (a)  Defines "navigable stream." 

(b) Provides that this section applies only to an area that is located in
the extraterritorial jurisdiction of a home-rule municipality that has a
population of 60,000 or less and is located in whole or in part in a county
with a population of 240,000 or less, located outside the county in which a
majority of the land area of the municipality is located, and 
separated from the municipality's corporate boundaries by a navigable
stream.  

(c) Requires a municipality that, on August 31, 1999, includes that area in
its extraterritorial jurisdiction, to adopt an ordinance removing that area
from the municipality's extraterritorial jurisdiction or enter into an
agreement with a municipality located in the county in which that area is
located to transfer that area to the extraterritorial jurisdiction of that
municipality, before January 1, 2000.  

(d) Provides that if the municipality that is required to act under
Subsection (c) does not do so as provided by that subsection, the area is
automatically removed from the extraterritorial jurisdiction of that
municipality on January 1, 2000.  

(e) Provides that Section 42.021 (Extent of Extraterritorial Jurisdiction),
Local Government Code, does not apply to a transfer of extraterritorial
jurisdiction under Subsection (c).  

SECTION 2.  Emergency clause.  
 Effective date: 90 days after adjournment.