HB2512 - Relating to the release of certain areas from a municipality's extraterritorial jurisdiction by petition or election.

      H.B. No. 2512         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 42.023, 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 42.101, Local Government Code, is   amended to read as follows:          Sec. 42.101.  APPLICABILITY.  This subchapter does not apply   to an area located:                (1)  within five miles of the boundary of a military   base, as defined by Section 43.0117, at which an active training   program is conducted;                (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;                (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;                (4)  in an area designated as an industrial district   under Section 42.044; [ or ]                (5)  in an area subject to a strategic partnership   agreement entered into under Section 43.0751 ; or                 (6)     for the extraterritorial jurisdiction of a   municipality located in four or more counties, one of which has a   population of 2.1 million or more and is adjacent to a county with a   population of 2.6 million or more:                       (A)     in an area subject to an active development   agreement entered into under Section 212.172 with the municipality;                       (B)     in a platted or unplatted lot of less than 12   acres unless included with the other land in a petition for release   under Section 42.102; or                       (C)     within a platted subdivision of 25 or more   lots if the area is a single lot .          SECTION 3.  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 five miles of the boundary of a military   base, as defined by Section 43.0117, at which an active training   program is conducted;                (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;                (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;                (4)  in an area designated as an industrial district   under Section 42.044; [ or ]                (5)  in an area subject to a strategic partnership   agreement entered into under Section 43.0751 ; or                 (6)     for the extraterritorial jurisdiction of a   municipality located in four or more counties, one of which has a   population of 2.1 million or more and is adjacent to a county with a   population of 2.6 million or more:                       (A)     in an area subject to an active development   agreement entered into under Section 212.172 with the municipality;                       (B)     in a platted or unplatted lot of less than 12   acres unless included with the other land in a petition for release   under Section 42.152; or                       (C)     within a platted subdivision of 25 or more   lots if the area is a single lot .          SECTION 4.  Section 42.152, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (d) to   read as follows:          (a)  A resident of an area in a municipality's   extraterritorial jurisdiction may request the municipality to hold   an election in accordance with this subchapter to vote on the   question of whether to release the area from the municipality's   extraterritorial jurisdiction by filing with the municipality a   petition that includes the signatures of at least five percent of   the registered voters residing in the area as of the date of the   preceding uniform election date. A resident may only file for   release of an area if the resident resides in the area subject to   the release.           (d)     If a municipality receives a petition under this   section, the municipality shall provide notice of the petition to   the residents and landowners of the area described by the petition.   The municipality shall provide the notice not later than the   seventh business day after the date the municipality receives the   petition.          SECTION 5.  Subchapter E, Chapter 42, Local Government Code,   is amended by adding Section 42.157 to read as follows:           Sec.   42.157.     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 provided   the opportunity to have the landowner's property remain within the   municipality's extraterritorial jurisdiction.          SECTION 6.  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 7.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2512 was passed by the House on May   16, 2025, by the following vote:  Yeas 112, Nays 21, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2512 on May 29, 2025, by the following vote:  Yeas 119, Nays 20,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2512 was passed by the Senate, with   amendments, on May 27, 2025, by the following vote:  Yeas 27, Nays   4.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor