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AN ACT
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relating to disclosure requirements for agreements consenting to |
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municipal annexation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 43, Local Government Code, |
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is amended by adding Section 43.004 to read as follows: |
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Sec. 43.004. REQUIRED DISCLOSURE BEFORE ANNEXATION |
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AGREEMENT. (a) At the time a municipality makes an offer to a |
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landowner to enter into an agreement in which the landowner |
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consents to annexation, the municipality must provide the landowner |
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with the written disclosure described by Section 212.172(b-1). |
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(b) An annexation agreement for which a disclosure is not |
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provided in accordance with Subsection (a) is void. |
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SECTION 2. Section 212.172, Local Government Code, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) At the time a municipality makes an offer to a |
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landowner to enter into an agreement under this subchapter, the |
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municipality must provide the landowner with a written disclosure |
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that includes: |
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(1) a statement that the landowner is not required to |
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enter into the agreement; |
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(2) the authority under which the municipality may |
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annex the land with references to relevant law; |
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(3) a plain-language description of the annexation |
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procedures applicable to the land; |
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(4) whether the procedures require the landowner's |
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consent; and |
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(5) a statement regarding the municipality's waiver of |
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immunity to suit. |
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(b-2) An agreement for which a disclosure is not provided in |
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accordance with Subsection (b-1) is void. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1338 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 11, 2021, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1338 passed the House, with |
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amendment, on May 4, 2021, by the following vote: Yeas 145, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |