By: Shine (Senate Sponsor - Flores) H.B. No. 2956

(In the Senate - Received from the House May 8, 2023; May 9, 2023, read first time and referred to Committee on Local Government; May 17, 2023, reported favorably by the following vote: Yeas 9, Nays 0; May 17, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to municipal annexation of an area adjacent to contiguous or connecting railroad rights-of-way.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 43, Local Government Code, is amended by adding Section 43.1057 to read as follows:

Sec. 43.1057. ANNEXATION OF AREA ADJACENT TO CONTIGUOUS OR CONNECTING RAILROAD RIGHT-OF-WAY. (a) Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the initial area an additional area if:

(1) the area is adjacent to a right-of-way of a railway line, spur, or other railroad property that is:

(A) contiguous and runs parallel to the municipality's boundaries; and

(B) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D; and

(2) each owner of the area agrees to the annexation by the municipality.

(b) For purposes of Subsection (a) or other law with a municipal boundary contiguous requirement, including a municipal charter or ordinance, an area adjacent or contiguous to the initial area being annexed under Subsection (a) is considered adjacent and contiguous to the annexing municipality.

(c) Section 43.054 does not apply to the annexation under this section of the additional area described by Subsection (a).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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