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A BILL TO BE ENTITLED
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AN ACT
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relating to the annexation of an unincorporated enclave by certain |
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general-law municipalities. |
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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 43.038 to read as follows: |
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Sec. 43.038. AUTHORITY OF CERTAIN GENERAL-LAW |
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MUNICIPALITIES TO ANNEX UNINCORPORATED ENCLAVE. (a) This section |
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applies only to a municipality: |
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(1) with a population of 550 to 750; and |
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(2) that is located in a county adjacent to a county |
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that: |
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(A) has a population of more than 1.5 million; |
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and |
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(B) contains a municipality in which at least 75 |
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percent of the county's population resides. |
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(b) A general-law municipality that surrounds an |
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unincorporated enclave may annex the enclave as provided by Section |
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43.0525 without the consent of the residents of or owners of land in |
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the enclave. |
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SECTION 2. Section 43.052(h), Local Government Code, is |
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amended to read as follows: |
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(h) This section does not apply to an area proposed for |
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annexation if: |
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(1) the area contains fewer than 100 separate tracts |
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of land on which one or more residential dwellings are located on |
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each tract; |
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(2) the area will be annexed by petition of more than |
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50 percent of the real property owners in the area proposed for |
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annexation or by vote or petition of the qualified voters or real |
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property owners as provided by Subchapter B; |
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(3) the area is or was the subject of: |
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(A) an industrial district contract under |
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Section 42.044; or |
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(B) a strategic partnership agreement under |
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Section 43.0751; |
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(4) the area is located in a colonia, as that term is |
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defined by Section 2306.581, Government Code; |
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(5) the area is annexed under Section 43.026, 43.027, |
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43.029, [or] 43.031, or 43.038; |
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(6) the area is located completely within the |
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boundaries of a closed military installation; or |
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(7) the municipality determines that the annexation of |
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the area is necessary to protect the area proposed for annexation or |
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the municipality from: |
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(A) imminent destruction of property or injury to |
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persons; or |
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(B) a condition or use that constitutes a public |
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or private nuisance as defined by background principles of nuisance |
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and property law of this state. |
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SECTION 3. Subchapter C, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0525 to read as follows: |
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Sec. 43.0525. PROCEDURE FOR CERTAIN ANNEXATIONS BY TYPE A |
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GENERAL-LAW MUNICIPALITIES. (a) To initiate an annexation |
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authorized by Section 43.038, the municipality must adopt a |
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resolution proposing to annex the enclave. |
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(b) Sections 43.053, 43.056, 43.0561, 43.0562, 43.0564, |
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43.0565, and 43.057 apply to an annexation initiated under this |
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section, except that: |
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(1) for the purposes of Section 43.053(b), the |
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municipality shall compile the inventory after adopting the |
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resolution proposing to annex the enclave; and |
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(2) for the purposes of Section 43.053(c), the |
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municipality shall request the information necessary to compile the |
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inventory in a manner determined to be appropriate by the governing |
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body of the municipality. |
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(c) An annexation proposed under this section becomes final |
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on the date a plan for the provision of services is negotiated under |
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Section 43.0562 or decided under arbitration under Section 43.0564, |
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as appropriate. |
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SECTION 4. 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, 2017. |