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annexation plan as described by Subsection (c) of 1-41 this section, Section 43.052(g), Local Government Code, is 1-42 superseded by Subsection (d) of this section. 1-43 SECTION 4.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 * * * * *