Bill Text: TX SB374 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to municipal annexation of certain rights-of-way.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-14 - Effective immediately [SB374 Detail]
Download: Texas-2021-SB374-Enrolled.html
| S.B. No. 374 | ||
|
|
||
| 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 [ |
||
| ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. | ||
| Notwithstanding any other law, a municipality may by ordinance | ||
| annex a road [ |
||
| owner of the [ |
||
| political subdivision that maintains the [ |
||
| under the procedures prescribed by Subchapter C-1. | ||
| SECTION 2. Subchapter E, Chapter 43, Local Government Code, | ||
| is amended by adding Section 43.1056 to read as follows: | ||
| Sec. 43.1056. ANNEXATION OF CONTIGUOUS OR CONNECTING | ||
| RIGHTS-OF-WAY. (a) Notwithstanding any other law, a municipality | ||
| that is annexing an area under Subchapter C-3, C-4, C-5, or D may | ||
| also annex with the area the right-of-way of a street, highway, | ||
| alley, or other public way or of a railway line, spur, or roadbed, | ||
| that is: | ||
| (1) contiguous and runs parallel to the municipality's | ||
| boundaries; and | ||
| (2) contiguous to the area being annexed under | ||
| Subchapter C-3, C-4, C-5, or D. | ||
| (b) A municipality may annex a right-of-way under this | ||
| section only if: | ||
| (1) the municipality provides written notice of the | ||
| annexation to the owner of the right-of-way, through the owner's | ||
| registered agent, if applicable, not later than the 61st day before | ||
| the date of the proposed annexation; and | ||
| (2) the owner of the right-of-way does not submit a | ||
| written objection to the municipality before the date of the | ||
| proposed annexation. | ||
| (c) If the owner of a right-of-way proposed to be annexed | ||
| under this section is a governmental entity, the entity may specify | ||
| the location at which a municipality must deliver notice under | ||
| Subsection (b). | ||
| (d) Section 43.054 does not apply to the annexation of a | ||
| right-of-way under this section. | ||
| SECTION 3. 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, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 374 passed the Senate on | ||
| April 9, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 27, 2021, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 374 passed the House, with | ||
| amendment, on May 11, 2021, by the following vote: Yeas 121, | ||
| Nays 21, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
