Bill Text: TX HB586 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to municipal annexation of certain rights-of-way.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-23 - Effective immediately [HB586 Detail]
Download: Texas-2023-HB586-Enrolled.html
H.B. No. 586 |
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relating to municipal annexation of certain rights-of-way. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.1055, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.1055. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST | ||
OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. | ||
(a) Notwithstanding any other law, a municipality may by ordinance | ||
annex under the procedures prescribed by Subchapter C-1: | ||
(1) a road right-of-way on request of the owner of the | ||
right-of-way or the governing body of the political subdivision | ||
that maintains the right-of-way; or | ||
(2) a road right-of-way described by Subsection (b) | ||
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(b) A municipality may annex a road right-of-way provided | ||
that the right-of-way: | ||
(1) is contiguous to the municipality's boundary or to | ||
an area being simultaneously annexed by the municipality; | ||
(2) either: | ||
(A) is parallel to the boundary of the | ||
municipality or to an area being simultaneously annexed by the | ||
municipality; or | ||
(B) connects the boundary of the municipality to | ||
an area being simultaneously annexed by the municipality or to | ||
another point on the boundary of the municipality; and | ||
(3) does not result in the municipality's boundaries | ||
surrounding any area that was not already in the municipality's | ||
extraterritorial jurisdiction immediately before the annexation of | ||
the right-of-way. | ||
(c) A municipality may annex a right-of-way under this | ||
section only if: | ||
(1) the owner of the right-of-way or the governing | ||
body of the political subdivision that maintains the right-of-way | ||
requests the annexation of the right-of-way in writing; or | ||
(2) both: | ||
(A) the municipality provides written notice of | ||
the annexation to the owner of the right-of-way or the governing | ||
body of the political subdivision that maintains the right-of-way | ||
not later than the 61st day before the date of the proposed | ||
annexation; and | ||
(B) the owner of the right-of-way or the | ||
governing body of the political subdivision that maintains the | ||
right-of-way does not submit a written objection to the | ||
municipality before the date of the proposed annexation. | ||
(d) If a right-of-way proposed to be annexed under this | ||
section is owned or maintained by a governmental body, then that | ||
governmental body may specify, by notifying the municipality in | ||
writing, the location at which a municipality must deliver notice | ||
under Subsection (c). | ||
(e) Section 43.054 does not apply to the annexation of a | ||
right-of-way under this section. | ||
(f) Notwithstanding Section 42.021, the annexation of a | ||
road right-of-way described by Subsection (b)(2)(B) does not expand | ||
the annexing municipality's extraterritorial jurisdiction. | ||
SECTION 2. 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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 586 was passed by the House on April | ||
20, 2023, by the following vote: Yeas 122, Nays 24, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 586 was passed by the Senate on May | ||
10, 2023, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |