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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of certain areas in a municipal |
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annexation plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 50 [100] separate |
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tracts of land on which one or more residential dwellings are |
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located on 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; |
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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 2. The change in law made by this Act to Section |
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43.052(h), Local Government Code, applies only to the annexation of |
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an area for which all parts of the statutory annexation process are |
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begun on or after the effective date of this Act. The annexation of |
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an area for which any part of the statutory annexation process was |
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begun before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |