Bill Text: TX HB1949 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the annexation of certain roads and areas adjacent to those roads.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB1949 Detail]
Download: Texas-2015-HB1949-Enrolled.html
| H.B. No. 1949 | ||
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| relating to the annexation of certain roads and areas adjacent to | ||
| those roads. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 43.028, Local Government Code, is | ||
| amended by adding Subsections (g) and (h) to read as follows: | ||
| (g) An area of land that would be eligible for annexation | ||
| under this section except that the area does not meet the contiguity | ||
| requirement of Subsection (a)(2) may be annexed under this section | ||
| if a public right-of-way of a road or highway designated by the | ||
| municipality exists that: | ||
| (1) is located entirely in the extraterritorial | ||
| jurisdiction of the municipality; and | ||
| (2) when added to the area would cause the area to be | ||
| contiguous to the municipality. | ||
| (h) Notwithstanding Section 43.054, on annexation of an | ||
| area described by Subsection (g), the public right-of-way that | ||
| makes the area eligible for annexation under Subsection (g) is | ||
| included in the annexation to the municipality without regard to | ||
| whether the owners of the public right-of-way sought annexation | ||
| under this section. The ordinance providing for annexation must | ||
| provide a metes and bounds description of the public right-of-way | ||
| annexed under this subsection. | ||
| SECTION 2. Section 43.106, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 43.106. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN | ||
| CIRCUMSTANCES. (a) A municipality that proposes to annex any | ||
| portion of a [ |
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| road must also annex the entire width of the county road and the | ||
| adjacent right-of-way on both sides of the county road. | ||
| (b) If a road annexed under Subsection (a) is a gravel road, | ||
| the county retains control of granting access to the road and its | ||
| right-of-way from property that: | ||
| (1) is not located in the boundaries of the annexing | ||
| municipality; and | ||
| (2) is adjacent to the road and right-of-way. | ||
| SECTION 3. Section 43.106, Local Government Code, as | ||
| amended by this Act, applies to an area proposed for annexation on | ||
| or after the effective date of this Act or before the effective date | ||
| of this Act if the statutory requirements for annexation under | ||
| Subchapter C or C-1, Chapter 43, Local Government Code, have not | ||
| been completed before the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1949 was passed by the House on May 8, | ||
| 2015, by the following vote: Yeas 142, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1949 on May 29, 2015, by the following vote: Yeas 140, Nays 1, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1949 was passed by the Senate, with | ||
| amendments, on May 27, 2015, by the following vote: Yeas 29, Nays | ||
| 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
