SRC-JEC H.B. 958 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 958
77R6851 PAM-DBy: Burnam (Moncrief)
Intergovernmental Relations
4/26/2001
Engrossed


DIGEST AND PURPOSE 

Currently, municipalities are not required to annex a county road when they
annex an area of land adjacent to the road.  Sometimes municipalities annex
only to the center of the road, which can result in confusion and conflict
of jurisdiction and responsibility for these roads.  H.B. 958 requires a
municipality to annex the entire width of a paved county road and the
adjacent right-of-way when it annexes any portion of the road. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 43E, Local Government Code, by adding Section
43.106, as follows: 

Sec. 43.106.  ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES.
Requires a municipality that proposes to annex any portion of a paved
country road to also annex the entire width of the county road and the
adjacent right-of-way. 

SECTION 2.  Effective date: September 1, 2001.

SECTION 3.  (a) Provides that  this section applies only to a proposed
annexation that is subject to Section 43.052, Local Government Code, as
that law exists on or after September 1, 1999. 

(b) Provides that the change in law made by this Act by the addition of
Section 43.106, Local Government Code, applies to the annexation of an area
included in a municipality's annexation plan under Section 43.052, Local
Government Code, regardless of the date on which the area was included in
the plan. 

(c) Requires a municipality, if before September 1, 2001, it included any
portion of a paved county road in its plan without including the entire
width of the county road and the adjacent right-of-way, to amend its plan
on or before December 1, 2001, as provided by Section 43.052, Local
Government Code, to include that additional area in the plan. 

(d)  Requires a municipality that amends its plan as provided by Subsection
(c) of this section to complete the annexation of the portion of a paved
county road that was already included in its annexation plan together with
the additional area included in the amendment to the plan within the 31-day
period after the third anniversary of the date the plan was amended under
Subsection (c) of this section. 

(e)  Provides that for purposes of completing the annexation of the portion
of a paved county road that was already included in the municipality's
annexation plan as described by Subsection (c) of this section, Section
43.052(g), Local Government Code, is superseded by Subsection  (d) of this
section. 

SECTION 4. (a) Provides that this section applies only to a proposed
annexation that is subject to Section 43.063, Local Government Code. 

(b)  Provides that the change in law made by this Act by the addition of
Section 43.106, Local Government Code, applies only to an annexation for
which the first hearing notice required by Section 43.063, Local Government
Code, is published on or after September 1, 2001. 

SECTION 5. (a) Provides that this section applies only to a proposed
annexation that is subject to Section 43.052, Local Government Code, as
that law existed immediately before September 1, 1999. 

(b)  Provides that the change in law made by this Act by the addition of
Section 43.106, Local Government Code, applies to the annexation of an area
that is not included in an annexation plan during the period beginning
December 31, 1999, and ending December 31, 2002, only if the first hearing
notice required by Section 43.052, Local Government Code, as it existed
immediately before September 1, 1999, is published on or after September 1,
2001.