HBA-JEK S.B. 541 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 541
By: Shapiro
Land & Resource Management
5/4/2001
Engrossed



BACKGROUND AND PURPOSE 

Communities in large urban areas are generally growing at a faster rate
than their rural counterparts. Officials of these rapidly growing
communities face significant challenges when they plan thoroughfares, water
delivery systems, waste water treatment facilities, parks, schools, and
fire and police services. Unorganized development efforts in such areas can
result in disorderly growth, decreased property values, and increased
costs.  Municipalities with larger extraterritorial jurisdictions, however,
are often able to plan and develop their expanding communities more
effectively.  Senate Bill 541 extends the extraterritorial jurisdiction of
certain municipalities to encompass areas within one mile of their
boundaries. 

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. 

ANALYSIS

Senate Bill 541 amends the Local Government Code to provide that the
extraterritorial jurisdiction of a municipality is the unincorporated area
that is contiguous to the corporate boundaries of the municipality and that
is located within one mile of those boundaries if the municipality has a
population of more than 2,500 and less than 25,000, and is at least
partially located in or adjacent to a county with a population of one
million or more.   

If, on September 1, 2001, the expanded extraterritorial jurisdiction that a
municipality received under this provision overlapped the expanded
extraterritorial jurisdiction that one or more other municipalities
received on that date under the same provision, the bill authorizes the
governing bodies of the affected municipalities to apportion the overlapped
area in the same manner as extraterritorial jurisdictions that overlapped
on August 23, 1963.  The bill prohibits the expansion of the
extraterritorial jurisdiction of a municipality under these provisions from
including any area in the existing extraterritorial jurisdiction of another
municipality. 

EFFECTIVE DATE

September 1, 2001.