Bill Text: TX SB1302 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain areas exempt from municipal annexation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Intergovernmental Relations [SB1302 Detail]
Download: Texas-2019-SB1302-Introduced.html
86R1704 SCL-D | ||
By: Bettencourt | S.B. No. 1302 |
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relating to certain areas exempt from municipal annexation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.016, Local Government Code, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) For purposes of Section 43.003(2) or another law, | ||
including a municipal charter or ordinance, relating to municipal | ||
authority to annex an area adjacent to the municipality, an area | ||
that is not adjacent or contiguous to the municipality but is | ||
adjacent or contiguous to an area that is the subject of a | ||
development agreement described by Subsection (b)(1) is considered | ||
adjacent or contiguous to the municipality only if the area subject | ||
to the agreement is adjacent or contiguous to the municipality. | ||
(c-1) The execution of a development agreement described by | ||
Subsection (b)(1) extends the extraterritorial jurisdiction of the | ||
municipality only if the area subject to the agreement is adjacent | ||
or contiguous to that municipality. | ||
SECTION 2. Subchapter A-1, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.018 to read as follows: | ||
Sec. 43.018. PROHIBITION AGAINST CERTAIN ANNEXATIONS | ||
RESULTING IN ENCLAVE. (a) In this section, "enclave" means an area | ||
located in a municipality's extraterritorial jurisdiction that is | ||
wholly surrounded by the incorporated area of the municipality. | ||
(b) A municipality may not annex an area if the annexation | ||
creates an enclave unless the enclave is the subject of a | ||
development agreement under Section 212.172. | ||
SECTION 3. Section 43.057, Local Government Code, is | ||
repealed. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
the annexation of an area that is not final on the effective date of | ||
this Act. | ||
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, 2019. |