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A BILL TO BE ENTITLED
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AN ACT
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relating to a petition by a landowner for annexation of the |
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landowner's property by a municipality or release of the property |
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from the extraterritorial jurisdiction of the 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 43.038 to read as follows: |
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Sec. 43.038. ANNEXATION ON PETITION; RELEASE OF |
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EXTRATERRITORIAL JURISDICTION. (a) The owner of real property |
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that is located in the extraterritorial jurisdiction of a |
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municipality may petition the municipality to annex the property |
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and provide services, not later than the first anniversary of the |
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date the municipality approves the petition, to the property. The |
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petition must: |
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(1) include a list of services to be provided to the |
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property within that 12-month period; and |
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(2) be filed with the secretary or clerk of the |
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municipality. |
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(b) The municipality shall approve or deny a petition |
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described by Subsection (a) not later than the 30th day after the |
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date the municipality receives the petition. The municipality may |
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extend the 30-day period by agreement with the property owner |
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submitting the petition. |
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(c) If a municipality approves a petition described by |
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Subsection (a), the municipality shall annex the property and |
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provide the services described by the petition or an agreement with |
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the property owner submitting the petition not later than the first |
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anniversary of the date the municipality approves the petition. |
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The municipality may extend that 12-month period by agreement with |
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the property owner. |
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(d) If the municipality fails to provide the services |
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described by the petition or an agreement within the period |
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provided by Subsection (c), including any extension agreed to by |
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the municipality and the property owner, the municipality shall |
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disannex the property and release that property from the |
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municipality's extraterritorial jurisdiction. |
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(e) If a municipality denies a petition described by |
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Subsection (a), the municipality shall release the property from |
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the municipality's extraterritorial jurisdiction. |
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SECTION 2. 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. |