1-1 AN ACT
1-2 relating to the annexation of county roads.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 43, Local Government Code,
1-5 is amended by adding Section 43.106 to read as follows:
1-6 Sec. 43.106. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN
1-7 CIRCUMSTANCES. A municipality that proposes to annex any portion of
1-8 a paved county road must also annex the entire width of the county
1-9 road and the adjacent right-of-way.
1-10 SECTION 2. This Act takes effect September 1, 2001.
1-11 SECTION 3. (a) This section applies only to a proposed
1-12 annexation that is subject to Section 43.052, Local Government
1-13 Code, as that law exists on or after September 1, 1999.
1-14 (b) The change in law made by this Act by the addition of
1-15 Section 43.106, Local Government Code, applies to the annexation of
1-16 an area included in a municipality's annexation plan under Section
1-17 43.052, Local Government Code, regardless of the date on which the
1-18 area was included in the plan.
1-19 (c) If before September 1, 2001, a municipality included any
1-20 portion of a paved county road in its plan without including the
1-21 entire width of the county road and the adjacent right-of-way, the
1-22 municipality shall amend its plan on or before December 1, 2001, as
1-23 provided by Section 43.052, Local Government Code, to include that
1-24 additional area in the plan.
2-1 (d) A municipality that amends its plan as provided by
2-2 Subsection (c) of this section must complete the annexation of the
2-3 portion of a paved county road that was already included in its
2-4 annexation plan together with the additional area included in the
2-5 amendment to the plan within the 31-day period after the third
2-6 anniversary of the date the plan was amended under Subsection (c)
2-7 of this section.
2-8 (e) For purposes of completing the annexation of the portion
2-9 of a paved county road that was already included in the
2-10 municipality's annexation plan as described by Subsection (c) of
2-11 this section, Section 43.052(g), Local Government Code, is
2-12 superseded by Subsection (d) of this section.
2-13 SECTION 4. (a) This section applies only to a proposed
2-14 annexation that is subject to Section 43.063, Local Government
2-15 Code.
2-16 (b) The change in law made by this Act by the addition of
2-17 Section 43.106, Local Government Code, applies only to an
2-18 annexation for which the first hearing notice required by Section
2-19 43.063, Local Government Code, is published on or after September
2-20 1, 2001.
2-21 SECTION 5. (a) This section applies only to a proposed
2-22 annexation that is subject to Section 43.052, Local Government
2-23 Code, as that law existed immediately before September 1, 1999.
2-24 (b) The change in law made by this Act by the addition of
2-25 Section 43.106, Local Government Code, applies to the annexation of
2-26 an area that is not included in an annexation plan during the
2-27 period beginning December 31, 1999, and ending December 31, 2002,
3-1 only if the first hearing notice required by Section 43.052, Local
3-2 Government Code, as it existed immediately before September 1,
3-3 1999, is published on or after September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 958 was passed by the House on March
21, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 958 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor