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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 RIGHTS-OF-WAY ON REQUEST |
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OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. |
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(a) Notwithstanding any other law, a municipality may by ordinance |
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annex under the procedures prescribed by Subchapter C-1: |
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(1) a road right-of-way on request of the owner of the |
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right-of-way or the governing body of the political subdivision |
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that maintains the right-of-way; or |
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(2) a road right-of-way described by Subsection (b) |
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[under the procedures prescribed by Subchapter C-1]. |
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(b) A municipality may annex a road right-of-way provided |
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that the right-of-way: |
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(1) is contiguous to the municipality's boundary or to |
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an area being simultaneously annexed by the municipality; |
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(2) either: |
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(A) is parallel to the boundary of the |
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municipality or to an area being simultaneously annexed by the |
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municipality; or |
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(B) connects the boundary of the municipality to |
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an area being simultaneously annexed by the municipality or to |
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another point on the boundary of the municipality; and |
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(3) does not result in the municipality's boundaries |
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surrounding any area that was not already in the municipality's |
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extraterritorial jurisdiction immediately before the annexation of |
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the right-of-way. |
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(c) A municipality may annex a right-of-way under this |
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section only if: |
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(1) the owner of the right-of-way or the governing |
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body of the political subdivision that maintains the right-of-way |
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requests the annexation of the right-of-way in writing; or |
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(2) both: |
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(A) the municipality provides written notice of |
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the annexation to the owner of the right-of-way or the governing |
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body of the political subdivision that maintains the right-of-way |
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not later than the 61st day before the date of the proposed |
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annexation; and |
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(B) the owner of the right-of-way or the |
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governing body of the political subdivision that maintains the |
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right-of-way does not submit a written objection to the |
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municipality before the date of the proposed annexation. |
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(d) If a right-of-way proposed to be annexed under this |
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section is owned or maintained by a governmental body, then that |
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governmental body may specify, by notifying the municipality in |
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writing, the location at which a municipality must deliver notice |
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under Subsection (c). |
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(e) 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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(f) Notwithstanding Section 42.021, the annexation of a |
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road right-of-way described by Subsection (b)(2)(B) does not expand |
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the annexing municipality's extraterritorial jurisdiction. |
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SECTION 2. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 586 was passed by the House on April |
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20, 2023, by the following vote: Yeas 122, Nays 24, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 586 was passed by the Senate on May |
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10, 2023, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |