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A BILL TO BE ENTITLED
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AN ACT
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relating to the level of maintenance and landscaping required for |
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public rights-of-way annexed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.056, Local Government Code, is |
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amended by amending Subsection (g) and adding Subsection (g-1) to |
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read as follows: |
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(g) If the annexed area had a lower level of services, |
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infrastructure, and infrastructure maintenance than the level of |
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services, infrastructure, and infrastructure maintenance provided |
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within the corporate boundaries of the municipality before |
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annexation, a service plan must provide the annexed area with a |
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level of services, infrastructure, and infrastructure maintenance |
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that is comparable to the level of services, infrastructure, and |
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infrastructure maintenance available in other parts of the |
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municipality with topography, land use, and population density |
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similar to those reasonably contemplated or projected in the area. |
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If the annexed area had a level of services, infrastructure, and |
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infrastructure maintenance equal to the level of services, |
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infrastructure, and infrastructure maintenance provided within the |
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corporate boundaries of the municipality before annexation, a |
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service plan must maintain that same level of services, |
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infrastructure, and infrastructure maintenance. Except as |
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provided by this subsection and Subsection (g-1), if the annexed |
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area had a level of services superior to the level of services |
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provided within the corporate boundaries of the municipality before |
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annexation, a service plan must provide the annexed area with a |
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level of services that is comparable to the level of services |
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available in other parts of the municipality with topography, land |
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use, and population density similar to those reasonably |
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contemplated or projected in the area. If the annexed area had a |
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level of services for operating and maintaining the infrastructure |
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of the area, including the facilities described by Subsections |
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(b)(5)-(8), superior to the level of services provided within the |
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corporate boundaries of the municipality before annexation, a |
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service plan must provide for the operation and maintenance of the |
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infrastructure of the annexed area at a level of services that is |
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equal or superior to that level of services. |
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(g-1) If the annexed area had a level of services for |
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maintaining and landscaping rights-of-way superior to the level of |
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services provided within the corporate boundaries of the |
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municipality before annexation, a service plan must provide annexed |
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public rights-of-way with a level of maintenance and landscaping |
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that is comparable to the level of maintenance and landscaping |
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available to other public rights-of-way in the municipality. |
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SECTION 2. This Act takes effect September 1, 2009. |