HBA-EVB C.S.H.B. 3809 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3809
By: Lewis, Ron
Land & Resource Management
4/24/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the extraterritorial jurisdiction (ETJ) of certain home-rule
municipalities may extend across a navigable stream, as defined by Section
21.001 (Definitions), Natural Resources Code. C.S.H.B. 3809 limits the ETJ
of certain home-rule municipalities. 

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 a home-rule municipality
located in whole or in part in a county with a population of 240,000 or
less.  

(c)  Provides that the extraterritorial jurisdiction of the municipality
does not include territory 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. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3809 differs from the original bill in the caption by deleting
reference to revenue sharing between municipalities following annexations. 

C.S.H.B. 3809 differs from the original bill by deleting SECTION 2, which
related to revenuesharing agreements required for certain annexations, and
SECTION 3, which made application of such revenue-sharing agreements
retroactive, as well as prospective. 

SECTION 2 (emergency clause) of the substitute is redesignated from SECTION
4 of the original bill.