Bill Text: TX HB1277 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to requirements for annexation of certain commercial or industrial areas by a general-law municipality.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2015-06-17 - Effective immediately [HB1277 Detail]
Download: Texas-2015-HB1277-Enrolled.html
H.B. No. 1277 |
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relating to requirements for annexation of certain commercial or | ||
industrial areas by a general-law municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.0235 to read as follows: | ||
Sec. 43.0235. ADDITIONAL REQUIREMENTS FOR ANNEXATION OF | ||
CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW | ||
MUNICIPALITIES. (a) A general-law municipality may annex an area | ||
in which 50 percent or more of the property in the area to be annexed | ||
is primarily used for a commercial or industrial purpose only if the | ||
municipality: | ||
(1) is otherwise authorized by this subchapter to | ||
annex the area and complies with the requirements prescribed under | ||
that authority; and | ||
(2) obtains the written consent of the owners of a | ||
majority of the property in the area to be annexed. | ||
(b) The consent required by Subsection (a)(2) must be signed | ||
by the owners of the property and must include a description of the | ||
area to be annexed. | ||
SECTION 2. Section 43.033(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Section 43.0235, a [ |
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municipality may annex adjacent territory without the consent of | ||
any of the residents or voters of the area and without the consent | ||
of any of the owners of land in the area provided that the following | ||
conditions are met: | ||
(1) the municipality has a population of 1,000 or more | ||
and is not eligible to adopt a home-rule charter; | ||
(2) the procedural rules prescribed by this chapter | ||
are met; | ||
(3) the municipality must be providing the area with | ||
water or sewer service; | ||
(4) the area: | ||
(A) does not include unoccupied territory in | ||
excess of one acre for each service address for water and sewer | ||
service; or | ||
(B) is entirely surrounded by the municipality | ||
and the municipality is a Type A general-law municipality; | ||
(5) the service plan requires that police and fire | ||
protection at a level consistent with protection provided within | ||
the municipality must be provided to the area within 10 days after | ||
the effective date of the annexation; | ||
(6) the municipality and the affected landowners have | ||
not entered an agreement to not annex the area for a certain time | ||
period; and | ||
(7) if the area is appraised for ad valorem tax | ||
purposes as land for agricultural or wildlife management use under | ||
Subchapter C or D, Chapter 23, Tax Code: | ||
(A) the municipality offers to make a development | ||
agreement with the landowner in the manner provided by Section | ||
212.172 that would: | ||
(i) guarantee the continuation of the | ||
extraterritorial status of the area; and | ||
(ii) authorize the enforcement of all | ||
regulations and planning authority of the municipality that do not | ||
interfere with the agricultural or wildlife management use of the | ||
area; and | ||
(B) the landowner fails to accept an offer | ||
described by Paragraph (A) within 30 days after the date the offer | ||
is made. | ||
SECTION 3. Section 43.034, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX | ||
AREA; CERTAIN MUNICIPALITIES. Except as provided by Section | ||
43.0235, a [ |
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territory without the consent of any of the residents or voters of | ||
the area and without the consent of any of the owners of land in the | ||
area if: | ||
(1) the municipality has a population of 1,762-1,770, | ||
part of whose boundary is part of the shoreline of a lake whose | ||
normal surface area is 75,000 acres or greater and which is located | ||
completely within the State of Texas; | ||
(2) the procedural rules prescribed by this chapter | ||
are met; | ||
(3) the service plan requires that police and fire | ||
protection at a level consistent with protection provided within | ||
the municipality must be provided to the area within 10 days after | ||
the effective date of the annexation; and | ||
(4) the municipality and the affected landowners have | ||
not entered an agreement to not annex the area for a certain period. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an annexation for which the first hearing notice required by | ||
Section 43.0561 or 43.063, Local Government Code, as applicable, is | ||
published on or after the effective date of this Act. An annexation | ||
for which the first hearing notice is published before that date is | ||
governed by the law in effect at the time the notice is published, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1277 was passed by the House on April | ||
29, 2015, by the following vote: Yeas 135, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1277 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |