1-1     By:  Burnam (Senate Sponsor - Moncrief)                H.B. No. 958
 1-2           (In the Senate - Received from the House March 22, 2001;
 1-3     March 26, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 4, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 4, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the annexation of county roads.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subchapter E, Chapter 43, Local Government Code,
1-11     is amended by adding Section 43.106 to read as follows:
1-12           Sec. 43.106.  ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN
1-13     CIRCUMSTANCES. A municipality that proposes to annex any portion of
1-14     a paved county road must also annex the entire width of the county
1-15     road and the adjacent right-of-way.
1-16           SECTION 2. This Act takes effect September 1, 2001.
1-17           SECTION 3. (a)  This section applies only to a proposed
1-18     annexation that is subject to Section 43.052, Local Government
1-19     Code, as that law exists on or after September 1, 1999.
1-20           (b)  The change in law made by this Act by the addition of
1-21     Section 43.106, Local Government Code, applies to the annexation of
1-22     an area included in a municipality's annexation plan under Section
1-23     43.052, Local Government Code, regardless of the date on which the
1-24     area was included in the plan.
1-25           (c)  If before September 1, 2001, a municipality included any
1-26     portion of a paved county road in its plan without including the
1-27     entire width of the county road and the adjacent right-of-way, the
1-28     municipality shall amend its plan on or before December 1, 2001, as
1-29     provided by Section 43.052, Local Government Code, to include that
1-30     additional area in the plan.
1-31           (d)  A municipality that amends its plan as provided by
1-32     Subsection (c) of this section must complete the annexation of the
1-33     portion of a paved county road that was already included in its
1-34     annexation plan together with the additional area included in the
1-35     amendment to the plan within the 31-day period after the third
1-36     anniversary of the date the plan was amended under Subsection (c)
1-37     of this section.
1-38           (e)  For purposes of completing the annexation of the portion
1-39     of a paved county road that was already included in the
1-40     municipality's annexation plan as described by Subsection (c) of
1-41     this section, Section 43.052(g), Local Government Code, is
1-42     superseded by Subsection (d) of this section.
1-43           SECTION 4. (a)  This section applies only to a proposed
1-44     annexation that is subject to Section 43.063, Local Government
1-45     Code.
1-46           (b)  The change in law made by this Act by the addition of
1-47     Section 43.106, Local Government Code, applies only to an
1-48     annexation for which the first hearing notice required by Section
1-49     43.063, Local Government Code, is published on or after September
1-50     1, 2001.
1-51           SECTION 5. (a)  This section applies only to a proposed
1-52     annexation that is subject to Section 43.052, Local Government
1-53     Code, as that law existed immediately before September 1, 1999.
1-54           (b)  The change in law made by this Act by the addition of
1-55     Section 43.106, Local Government Code, applies to the annexation of
1-56     an area that is not included in an annexation plan during the
1-57     period beginning December 31, 1999, and ending December 31, 2002,
1-58     only if the first hearing notice required by Section 43.052, Local
1-59     Government Code, as it existed immediately before September 1,
1-60     1999, is published on or after September 1, 2001.
1-61                                  * * * * *