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