| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to maps of the actual or proposed boundaries and |
|
|
extraterritorial jurisdiction of a municipality and certain |
|
|
notices related to expanding the boundaries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 41.001, Local Government Code, is |
|
|
amended by amending Subsection (a) and adding Subsections (a-1), |
|
|
(d), and (e) to read as follows: |
|
|
(a) Each municipality shall prepare a map that shows the |
|
|
boundaries of the municipality and of its extraterritorial |
|
|
jurisdiction. The municipality shall maintain a copy of the map in |
|
|
a location that is easily accessible to the public, including: |
|
|
(1) [A copy of the map shall be kept] in the office of |
|
|
the secretary or clerk of the municipality; |
|
|
(2) if[. If] the municipality has a municipal |
|
|
engineer, [a copy of the map shall also be kept] in the office of the |
|
|
engineer; and |
|
|
(3) if the municipality maintains an Internet website, |
|
|
on the municipality's website. |
|
|
(a-1) A municipality shall make a copy of a map required |
|
|
under Subsection (a) available without charge. |
|
|
(d) In addition to the requirements of this section, a |
|
|
home-rule municipality shall create, or contract for the creation |
|
|
of, and 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. If the municipality |
|
|
maintains an Internet website, the municipality shall make the |
|
|
digital map available on the municipality's website. |
|
|
(e) A home-rule municipality that does not have common |
|
|
geographic information system software shall make the digital map |
|
|
available in any other widely used electronic format in accordance |
|
|
with Subsection (d). |
|
|
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 home-rule 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 brief description of each municipal ordinance |
|
|
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, or contract for the creation of, 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 or in any other |
|
|
widely used electronic format if the municipality does not have |
|
|
common geographic information system software. If the municipality |
|
|
maintains an Internet website, the municipality shall make the |
|
|
digital map available on the municipality's website. |
|
|
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) if the municipality is a home-rule |
|
|
municipality, 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) This subsection applies only to a home-rule |
|
|
municipality. 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 brief description of each municipal ordinance |
|
|
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) if the municipality is a home-rule |
|
|
municipality, 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) This subsection applies only to a home-rule |
|
|
municipality. 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 brief description of each municipal ordinance |
|
|
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, or contract for the creation |
|
|
of, 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 or in |
|
|
any other widely used electronic format if the municipality does |
|
|
not have common geographic information system software. If the |
|
|
municipality maintains an Internet website, the municipality shall |
|
|
make the digital map available on the municipality's website. |
|
|
SECTION 6. Not later than January 1, 2020, 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, 2019. |
|
|
(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, 2019. |
|
|
(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, 2019. A hearing |
|
|
notice published before September 1, 2019, 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, 2019. |
|
|
SECTION 8. This Act takes effect September 1, 2019. |