| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain notice of the extent of a municipality or its |
|
|
extraterritorial jurisdiction. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 41.001, Local Government Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) In addition to the requirements of this section, a |
|
|
home-rule municipality shall make publicly available a digital map |
|
|
that complies with this section. A digital map required under this |
|
|
subsection must be made available without charge and in a format |
|
|
widely used by common geographic information system software. |
|
|
SECTION 2. Section 43.052, Local Government Code, is |
|
|
amended by adding Subsections (f-1) and (f-2) to read as follows: |
|
|
(f-1) In addition to the notice provided under Subsection |
|
|
(f), a municipality, before the 90th day after the date the |
|
|
municipality adopts or amends an annexation plan under this |
|
|
section, shall give written notice as provided by this subsection |
|
|
to each property owner in any area that would be newly included in |
|
|
the municipality's extraterritorial jurisdiction as a result of the |
|
|
proposed annexation. For purposes of this subsection, a property |
|
|
owner is the owner as indicated by the appraisal records furnished |
|
|
by the appraisal district for each county in which the area that |
|
|
would be newly included in the municipality's extraterritorial |
|
|
jurisdiction is located. The notice must include: |
|
|
(1) a description of the area that has been included in |
|
|
the municipality's annexation plan; |
|
|
(2) a statement that the completed annexation of that |
|
|
area will expand the municipality's extraterritorial jurisdiction |
|
|
to include all or part of the property owner's property; |
|
|
(3) a statement of the purpose of extraterritorial |
|
|
jurisdiction designation as provided by Section 42.001; and |
|
|
(4) a list of municipal ordinances that would be |
|
|
applicable, as authorized by Section 212.003, in the area that |
|
|
would be newly included in the municipality's extraterritorial |
|
|
jurisdiction. |
|
|
(f-2) In addition to the notice requirements under |
|
|
Subsection (f), a home-rule municipality, before the 90th day after |
|
|
the date the municipality adopts or amends an annexation plan under |
|
|
this section, shall create and make publicly available a digital |
|
|
map that identifies the area proposed for annexation and any area |
|
|
that would be newly included in the municipality's extraterritorial |
|
|
jurisdiction as a result of the proposed annexation. A digital map |
|
|
required under this subsection must be made available without |
|
|
charge and in a format widely used by common geographic information |
|
|
system software. |
|
|
SECTION 3. Section 43.0561, Local Government Code, is |
|
|
amended by amending Subsection (c) and adding Subsections (d), (e), |
|
|
and (f) to read as follows: |
|
|
(c) The municipality must: |
|
|
(1) post notice of the hearings on the municipality's |
|
|
Internet website if the municipality has an Internet website; and |
|
|
(2) publish notice of the hearings in a newspaper of |
|
|
general circulation: |
|
|
(A) in the municipality; |
|
|
(B) [and] in the area proposed for annexation; |
|
|
and |
|
|
(C) in any area that would be newly included in |
|
|
the municipality's extraterritorial jurisdiction by the expansion |
|
|
of the municipality's extraterritorial jurisdiction resulting from |
|
|
the proposed annexation. |
|
|
(d) The notice for each hearing must be published at least |
|
|
once on or after the 20th day but before the 10th day before the date |
|
|
of the hearing. The notice for each hearing must be posted on the |
|
|
municipality's Internet website on or after the 20th day but before |
|
|
the 10th day before the date of the hearing and must remain posted |
|
|
until the date of the hearing. |
|
|
(e) If applicable, the notice for each hearing must include: |
|
|
(1) a statement that the completed annexation of the |
|
|
area will expand the municipality's extraterritorial jurisdiction; |
|
|
(2) a description of the area that would be newly |
|
|
included in the municipality's extraterritorial jurisdiction; |
|
|
(3) a statement of the purpose of extraterritorial |
|
|
jurisdiction designation as provided by Section 42.001; and |
|
|
(4) a list of municipal ordinances that would be |
|
|
applicable, as authorized by Section 212.003, in the area that |
|
|
would be newly included in the municipality's extraterritorial |
|
|
jurisdiction. |
|
|
(f) In addition to the notice required by Subsection (c), |
|
|
the [The] municipality must give [additional] notice by certified |
|
|
mail to: |
|
|
(1) each public entity, as defined by Section 43.053, |
|
|
and utility service provider that provides services in the area |
|
|
proposed for annexation; and |
|
|
(2) each railroad company that serves the municipality |
|
|
and is on the municipality's tax roll if the company's right-of-way |
|
|
is in the area proposed for annexation. |
|
|
SECTION 4. Section 43.063, Local Government Code, is |
|
|
amended by amending Subsection (c) and adding Subsections (d), (e), |
|
|
and (f) to read as follows: |
|
|
(c) The municipality must: |
|
|
(1) post notice of the hearings on the municipality's |
|
|
Internet website if the municipality has an Internet website; and |
|
|
(2) publish notice of the hearings in a newspaper of |
|
|
general circulation: |
|
|
(A) in the municipality; |
|
|
(B) [and] in the area proposed for annexation; |
|
|
and |
|
|
(C) in any area that would be newly included in |
|
|
the municipality's extraterritorial jurisdiction by the expansion |
|
|
of the municipality's extraterritorial jurisdiction resulting from |
|
|
the proposed annexation. |
|
|
(d) The notice for each hearing must be published at least |
|
|
once on or after the 20th day but before the 10th day before the date |
|
|
of the hearing. The notice for each hearing must be posted on the |
|
|
municipality's Internet website on or after the 20th day but before |
|
|
the 10th day before the date of the hearing and must remain posted |
|
|
until the date of the hearing. |
|
|
(e) If applicable, the notice for each hearing must include: |
|
|
(1) a statement that the completed annexation of the |
|
|
area will expand the municipality's extraterritorial jurisdiction; |
|
|
(2) a description of the area that would be newly |
|
|
included in the municipality's extraterritorial jurisdiction; |
|
|
(3) a statement of the purpose of extraterritorial |
|
|
jurisdiction designation as provided by Section 42.001; and |
|
|
(4) a list of municipal ordinances that would be |
|
|
applicable, as authorized by Section 212.003, in the area that |
|
|
would be newly included in the municipality's extraterritorial |
|
|
jurisdiction. |
|
|
(f) In addition to the notice required by Subsection (c), |
|
|
the [The] municipality must give [additional] notice by certified |
|
|
mail to each railroad company that serves the municipality and is on |
|
|
the municipality's tax roll if the company's right-of-way is in the |
|
|
area proposed for annexation. |
|
|
SECTION 5. Subchapter C-1, Chapter 43, Local Government |
|
|
Code, is amended by adding Section 43.0635 to read as follows: |
|
|
Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In |
|
|
addition to the notice requirements under Section 43.063, a |
|
|
home-rule municipality, before the municipality may institute |
|
|
annexation proceedings, shall create and make publicly available a |
|
|
digital map that identifies the area proposed for annexation and |
|
|
any area that would be newly included in the municipality's |
|
|
extraterritorial jurisdiction as a result of the proposed |
|
|
annexation. A digital map required under this section must be made |
|
|
available without charge and in a format widely used by common |
|
|
geographic information system software. |
|
|
SECTION 6. Not later than January 1, 2018, each home-rule |
|
|
municipality shall make publicly available a digital map that |
|
|
complies with Section 41.001(d), Local Government Code, as added by |
|
|
this Act. |
|
|
SECTION 7. (a) The change in law made by Section |
|
|
43.052(f-1), Local Government Code, as added by this Act, applies |
|
|
only to a prospective expansion of extraterritorial jurisdiction |
|
|
resulting from an area proposed for annexation that is included in a |
|
|
municipal annexation plan on or after September 1, 2017. |
|
|
(b) The change in law made by Section 43.052(f-2), Local |
|
|
Government Code, as added by this Act, applies only to a proposed |
|
|
annexation that is included in a municipal annexation plan on or |
|
|
after September 1, 2017. |
|
|
(c) The changes in law made by Sections 43.0561 and 43.063, |
|
|
Local Government Code, as amended by this Act, apply only to a |
|
|
hearing notice published on or after September 1, 2017. A hearing |
|
|
notice published before September 1, 2017, is governed by the law in |
|
|
effect when the hearing notice was published, and the former law is |
|
|
continued in effect for that purpose. |
|
|
(d) The change in law made by Section 43.0635, Local |
|
|
Government Code, as added by this Act, applies only to a proposed |
|
|
annexation for which the first hearing notice required by Section |
|
|
43.063, Local Government Code, as amended by this Act, is published |
|
|
on or after September 1, 2017. |
|
|
SECTION 8. This Act takes effect September 1, 2017. |