79R5341 DRH-F
By: Casteel H.B. No. 2305
A BILL TO BE ENTITLED
AN ACT
relating to the annexation of land for which property taxes are
imposed based on the land's value for agricultural or wildlife
management purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.035 to read as follows:
Sec. 43.035. AUTHORITY OF MUNICIPALITY TO ANNEX AREA
QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE. (a) This
section applies only to an area:
(1) eligible to be the subject of a development
agreement under Subchapter G, Chapter 212; and
(2) appraised for ad valorem tax purposes as land for
agricultural or wildlife management use under Subchapter C or D,
Chapter 23, Tax Code.
(b) A municipality may not annex an area to which this
section applies unless:
(1) the municipality offers to make a development
agreement with the landowner under Section 212.172 that would:
(A) guarantee the continuation of the
extraterritorial status of the area; and
(B) authorize the enforcement of all regulations
and planning authority of the municipality that do not interfere
with the agricultural or wildlife management use of the area; and
(2) the landowner declines to make the agreement
described by Subdivision (1).
SECTION 2. The change in law made by this Act applies only
to an annexation for which the first hearing required under Section
43.0561 or 43.063, Local Government Code, as appropriate, occurs on
or after the effective date of this Act. An annexation for which
the first hearing under either of those sections was held before the
effective date of this Act is governed by the law in effect at the
time of the hearing, and the former law is continued in effect for
that purpose.
SECTION 3. 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, 2005.