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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal annexation of certain rights-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.1055, Local Government Code, is |
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amended to read as follows: |
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Sec. 43.1055. ANNEXATION OF ROAD [ROADS AND] RIGHTS-OF-WAY |
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ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. |
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Notwithstanding any other law, a municipality may by ordinance |
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annex a road [or the] right-of-way [of a road] on request of the |
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owner of the [road or] right-of-way or the governing body of the |
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political subdivision that maintains the [road or] right-of-way |
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under the procedures prescribed by Subchapter C-1. |
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SECTION 2. Subchapter E, Chapter 43, Local Government Code, |
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is amended by adding Section 43.1056 to read as follows: |
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Sec. 43.1056. ANNEXATION OF CONTIGUOUS OR CONNECTING |
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RIGHTS-OF-WAY. (a) Notwithstanding any other law, a municipality |
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that is annexing an area under Subchapter C-3, C-4, C-5, or D may |
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also annex with the area: |
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(1) the right-of-way of a street, highway, alley, or |
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other public way or of a railway line, spur, or roadbed, that is: |
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(A) contiguous and runs parallel to the |
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municipality's boundaries; and |
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(B) contiguous to the area being annexed under |
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Subchapter C-3, C-4, C-5, or D or a right-of-way described by |
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Subdivision (2); or |
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(2) the right-of-way of a public road or highway |
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connecting the area being annexed under Subchapter C-3, C-4, C-5, |
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or D to the municipality by the most direct route. |
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(b) A municipality may annex a right-of-way under this |
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section only if: |
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(1) the municipality provides written notice of the |
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annexation to the owner of the right-of-way, through the owner's |
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registered agent, if applicable, not later than the 61st day before |
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the date of the proposed annexation; and |
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(2) the owner of the right-of-way does not submit a |
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written objection to the municipality before the date of the |
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proposed annexation. |
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(c) If the owner of a right-of-way proposed to be annexed |
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under this section is a governmental entity, the entity may specify |
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the location at which a municipality must deliver notice under |
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Subsection (b). |
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(d) Section 43.054 does not apply to the annexation of a |
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right-of-way under this section. |
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SECTION 3. 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, 2021. |