HBA-TYH H.B. 678 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 678 By: Williams Land & Resource Mgmt. 4/5/1999 Introduced BACKGROUND AND PURPOSE The 1963 municipal annexation act established a five mile extraterritorial jurisdiction (ETJ) around the city limits of large cities. Some cities have extended their ETJs through strip annexations to include communities 15 to 20 miles outside the city limits. The purpose of H.B. 678 is to "roll back" the ETJ of a city to the five contiguous miles around its city limits. H.B. 678 redefines the ETJ of a city with a population of 1.5 million by excluding a planned community with a population exceeding 30,000 whose owner or developer petitioned the city for inclusion in the ETJ, and any land added to the ETJ through strip annexations of areas less than 500 feet in width. This bill also eliminates any land added to a city's ETJ through past strip annexations of areas less than 500 feet in width. 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 Z, Chapter 42, Local Government Code, by adding Section 42.905, as follows: Sec. 42.905. EXCLUSION OF CERTAIN LAND FROM EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY WITH POPULATION OF MORE THAN 1.5 MILLION. (a) Provides that the extraterritorial jurisdiction (ETJ) of a municipality with a population of more than 1.5 million does not include: (1) a planned community with a population of more than 30,000 that would be contained within the municipality's ETJ as the result of a request by the planned community's owner or developer; and (2) any land that would not have been included in the municipality's ETJ but for the past or future annexation of a municipally owned airport, water reservoir, or lake, including adjacent lands, connected to the municipality by one or more annexed strips of land that are less than 500 feet in width and that include all or part of a roadway, canal, or other waterway. (b) Prohibits the municipality's boundaries surrounding the airport, water reservoir, or lake, including adjacent lands, along with the boundaries of any strip less than 500 feet in width connecting to the municipality, from being taken into consideration in determining the municipality's ETJ. Requires the ETJ to be determined as if the airport, water reservoir, lake, adjacent lands, and strips less than 500 feet in width had not been annexed. SECTION 2. (a) Effective date: September 1, 1999. (b) Provides that if immediately before the effective date of this act, the ETJ of a municipality includes land described by Section 42.905, Local Government Code, as added by this act, the boundaries of the ETJ are revised on the effective dat of this Act to exclude the land. (c) Prohibits a person from initiating incorporation proceedings for any portion of the described area and the described area from being included within the ETJ of any other municipality before September 1, 2007, if immediately before the effective date of this Act, the ETJ of a municipality includes land described by Section 42.905(a)(1), Local Government Code, as added by this act. SECTION 3. Emergency clause.