BILL ANALYSIS

 

 

 

H.B. 1418

By: Bell

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised regarding the limitations on the ability of certain municipalities to annex territory in sparsely occupied areas that is not contiguous to the annexing municipality.  The concerned parties believe that these limitations hinder a municipality's ability to work with property owners and communities in those areas who are interested in voluntary annexation. The parties understand that these restrictions are designed to prohibit annexation of property whose owners do not want to be in the municipality. However, as the parties note, property owners and communities that request voluntary annexation know that the ability of a municipality to provide water and sewer infrastructure would help those communities attract new jobs and build a broader tax base. H.B. 1418 seeks to provide an avenue for these beneficial annexations.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 1418 amends the Local Government Code to authorize the annexation by a municipality of an area of sparsely occupied land that would be eligible for annexation but for the contiguity requirement if a public right-of-way of a road or highway designated by the municipality exists that is located entirely in the extraterritorial jurisdiction of the municipality and when added to the area would cause the area to be contiguous to the municipality. The bill specifies that the public right-of-way that makes the area eligible for annexation is included in the annexation to the municipality without regard to whether the owners of the public right-of-way sought annexation. The bill requires the ordinance providing for annexation to provide a metes and bounds description of the public right-of-way.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.