Texas Natural Resources Code - Section 11.0131. Jurisdiction Of Home-Rule Cities Over Submerged Lands

Legal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Section 11.0131. Jurisdiction Of Home-Rule Cities Over Submerged Lands

§ 11.0131. JURISDICTION OF HOME-RULE CITIES OVER 
SUBMERGED LANDS.  (a) In this section:
		(1)  "Coastline" has the meaning assigned by Section 
11.013(c) of this code.
		(2)  "State-owned submerged lands" means the 
state-owned submerged lands described by Section 11.012 of this 
code.
	(b)  The boundary of a home-rule city may not extend into the 
gulf outside of an area that is enclosed by:
		(1)  for home-rule cities which have not prior to May 1, 
1983, annexed gulfward from the coastline:
			(A)  drawing a straight line connecting the two 
most remote points on the part of the coastline located in the city 
on June 1, 1983, the distance to be measured along the coastline;
			(B)  drawing straight lines that extend gulfward 
for one marine league from each of the two ends of the line drawn 
under Paragraph (A) of Subdivision (1) of this subsection and that 
are perpendicular to the line drawn under Paragraph (A);  and
			(C)  drawing a straight line connecting the two 
gulfward ends of the lines drawn under Paragraph (B) of Subdivision 
(1) of this subsection;  or
		(2)  for home-rule cities which have, prior to May 1, 
1983, annexed no farther than one marine league gulfward from the 
coastline:
			(A)  drawing a straight line that connects the two 
most remote points on the part of the coastline located in the city 
on June 1, 1983, and that extends through those two points as far as 
necessary to draw the lines described by Paragraph (B) of 
Subdivision (2) of this subsection;
			(B)  drawing two straight lines that extend 
gulfward for one marine league, that are perpendicular to the line 
drawn under Paragraph (A) of Subdivision (2) of this subsection, 
and that each extend through one of the two most remote points from 
the coastline on the boundary lines extending gulfward from the 
coastline;
			(C)  drawing a straight line connecting the two 
gulfward ends of the lines drawn under Paragraph (B) of Subdivision 
(2) of this subsection;  or
		(3)  for home-rule cities which have, prior to May 1, 
1983, annexed farther than one marine league gulfward from the 
coastline:
			(A)  drawing lines following the two current 
boundary lines extending gulfward from the coastline for a distance 
of one marine league;
			(B)  drawing a straight line connecting the two 
gulfward ends of the lines drawn under Paragraph (A) of Subdivision 
(3) of this subsection.
	(c)  A contract or agreement by which a home-rule city 
purports to pledge, directly or indirectly, taxes or other revenue 
from or attributable to state-owned submerged lands or other lands 
located outside the area described by Subsection (b) of this 
section does not create an enforceable right to prevent the 
reformation of the city's boundary under Subsection (d) of this 
section.
	(d)  The boundary of a home-rule city is void to the extent 
that it violates Subsection (b) of this section, and the boundary is 
reformed on the effective date of this Act to exclude the territory 
situated outside the area described by Subsection (b) of this 
section.
	(e)  A home-rule city may create industrial districts in the 
area that is outside the city limits and that is located in an area 
formed in the manner prescribed by Subsection (b) of this section 
except that the lines drawn under Paragraph (B) of Subdivision (1), 
Paragraph (B) of Subdivision (2) or Paragraph (A) of Subdivision 
(3) of Subsection (b) may be extended for no more than five statute 
miles instead of one marine league.  The governing body of such city 
shall have the right, power, and authority to designate the area 
described as an industrial district, as the term is customarily 
used, and to treat such area from time to time as such governing 
body may deem to be in the best interest of the city.  Included in 
such rights and powers of the governing body of any city is the 
right and power to enter into contracts or agreements with the 
owner(s) or lessee(s) of land in such industrial district upon such 
terms and considerations as the parties might deem appropriate.  
The city shall have no authority to regulate oil and gas 
exploration, production, and transportation operations in an 
industrial district established pursuant to this Act, but in 
consideration of such relinquishment and the relinquishment of 
other rights under Section 42.044, Local Government Code, the city 
is expressly authorized to require payments of a property owner or 
lessee(s) in such industrial district in an amount not to exceed 35 
percent of the revenue that would be produced if the city imposed a 
property tax in the industrial district.  Nothing herein shall 
prohibit a city and property owner or lessee(s) from agreement by 
contract for payments in a lesser amount.

Added by Acts 1981, 67th Leg., p. 3057, ch. 803, § 1, eff. Aug. 
31, 1981.  Amended by Acts 1983, 68th Leg., p. 3134, ch. 538, § 1, 
eff. June 19, 1983;  Acts 1987, 70th Leg., ch. 149, § 38, eff. 
Sept. 1, 1987.

Last modified: August 10, 2007