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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for annexation of certain commercial or |
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industrial areas by a general-law municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0235 to read as follows: |
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Sec. 43.0235. ADDITIONAL REQUIREMENTS FOR ANNEXATION OF |
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CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW |
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MUNICIPALITIES. (a) A general-law municipality may annex an area |
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in which 50 percent or more of the property in the area to be annexed |
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is primarily used for a commercial or industrial purpose only if the |
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municipality: |
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(1) is otherwise authorized by this subchapter to |
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annex the area and complies with the requirements prescribed under |
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that authority; and |
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(2) obtains the written consent of the owners of a |
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majority of the property in the area to be annexed. |
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(b) The consent required by Subsection (a)(2) must be signed |
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by the owners of the property and must include a description of the |
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area to be annexed. |
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SECTION 2. Section 43.033(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 43.0235, a [A] general-law |
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municipality may annex adjacent territory without the consent of |
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any of the residents or voters of the area and without the consent |
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of any of the owners of land in the area provided that the following |
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conditions are met: |
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(1) the municipality has a population of 1,000 or more |
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and is not eligible to adopt a home-rule charter; |
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(2) the procedural rules prescribed by this chapter |
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are met; |
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(3) the municipality must be providing the area with |
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water or sewer service; |
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(4) the area: |
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(A) does not include unoccupied territory in |
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excess of one acre for each service address for water and sewer |
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service; or |
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(B) is entirely surrounded by the municipality |
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and the municipality is a Type A general-law municipality; |
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(5) the service plan requires that police and fire |
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protection at a level consistent with protection provided within |
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the municipality must be provided to the area within 10 days after |
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the effective date of the annexation; |
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(6) the municipality and the affected landowners have |
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not entered an agreement to not annex the area for a certain time |
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period; and |
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(7) if the area is appraised for ad valorem tax |
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purposes as land for agricultural or wildlife management use under |
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Subchapter C or D, Chapter 23, Tax Code: |
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(A) the municipality offers to make a development |
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agreement with the landowner in the manner provided by Section |
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212.172 that would: |
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(i) guarantee the continuation of the |
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extraterritorial status of the area; and |
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(ii) authorize the enforcement of all |
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regulations and planning authority of the municipality that do not |
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interfere with the agricultural or wildlife management use of the |
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area; and |
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(B) the landowner fails to accept an offer |
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described by Paragraph (A) within 30 days after the date the offer |
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is made. |
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SECTION 3. Section 43.034, Local Government Code, is |
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amended to read as follows: |
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Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX |
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AREA; CERTAIN MUNICIPALITIES. Except as provided by Section |
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43.0235, a [A] general-law municipality may annex adjacent |
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territory without the consent of any of the residents or voters of |
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the area and without the consent of any of the owners of land in the |
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area if: |
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(1) the municipality has a population of 1,762-1,770, |
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part of whose boundary is part of the shoreline of a lake whose |
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normal surface area is 75,000 acres or greater and which is located |
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completely within the State of Texas; |
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(2) the procedural rules prescribed by this chapter |
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are met; |
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(3) the service plan requires that police and fire |
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protection at a level consistent with protection provided within |
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the municipality must be provided to the area within 10 days after |
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the effective date of the annexation; and |
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(4) the municipality and the affected landowners have |
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not entered an agreement to not annex the area for a certain period. |
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SECTION 4. The changes in law made by this Act apply only to |
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an annexation for which the first hearing notice required by |
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Section 43.0561 or 43.063, Local Government Code, as applicable, is |
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published on or after the effective date of this Act. An annexation |
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for which the first hearing notice is published before that date is |
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governed by the law in effect at the time the notice is published, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |