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A BILL TO BE ENTITLED
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AN ACT
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relating to certain areas exempt from municipal annexation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.016, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) For purposes of Section 43.003(2) or another law, |
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including a municipal charter or ordinance, relating to municipal |
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authority to annex an area adjacent to the municipality, an area |
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that is not adjacent or contiguous to the municipality but is |
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adjacent or contiguous to an area that is the subject of a |
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development agreement described by Subsection (b)(1) is considered |
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adjacent or contiguous to the municipality only if the area subject |
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to the agreement is adjacent or contiguous to the municipality. |
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(c-1) The execution of a development agreement described by |
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Subsection (b)(1) extends the extraterritorial jurisdiction of the |
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municipality only if the area subject to the agreement is adjacent |
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or contiguous to that municipality. |
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SECTION 2. Subchapter A-1, Chapter 43, Local Government |
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Code, is amended by adding Section 43.018 to read as follows: |
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Sec. 43.018. PROHIBITION AGAINST CERTAIN ANNEXATIONS |
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RESULTING IN ENCLAVE. (a) In this section, "enclave" means an area |
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located in a municipality's extraterritorial jurisdiction that is |
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wholly surrounded by the incorporated area of the municipality. |
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(b) A municipality may not annex an area if the annexation |
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creates an enclave unless the enclave is the subject of a |
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development agreement under Section 212.172. |
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SECTION 3. Section 43.057, Local Government Code, is |
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repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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the annexation of an area that is not final on the effective date of |
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this Act. |
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SECTION 5. 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, 2019. |