Bill Text: TX SB655 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain notice of the extent of a municipality or its extraterritorial jurisdiction.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [SB655 Detail]
Download: Texas-2017-SB655-Introduced.html
Bill Title: Relating to certain notice of the extent of a municipality or its extraterritorial jurisdiction.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [SB655 Detail]
Download: Texas-2017-SB655-Introduced.html
85R3057 PAM-D | ||
By: Bettencourt, Campbell, Hall | S.B. No. 655 |
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relating to certain notice of the extent of a municipality or its | ||
extraterritorial jurisdiction. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 41.001, Local Government Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) In addition to the requirements of this section, a | ||
home-rule municipality shall make publicly available a digital map | ||
that complies with this section. A digital map required under this | ||
subsection must be made available without charge and in a format | ||
widely used by common geographic information system software. | ||
SECTION 2. Section 43.052, Local Government Code, is | ||
amended by adding Subsections (f-1) and (f-2) to read as follows: | ||
(f-1) In addition to the notice provided under Subsection | ||
(f), a municipality, before the 90th day after the date the | ||
municipality adopts or amends an annexation plan under this | ||
section, shall give written notice as provided by this subsection | ||
to each property owner in any area that would be newly included in | ||
the municipality's extraterritorial jurisdiction as a result of the | ||
proposed annexation. For purposes of this subsection, a property | ||
owner is the owner as indicated by the appraisal records furnished | ||
by the appraisal district for each county in which the area that | ||
would be newly included in the municipality's extraterritorial | ||
jurisdiction is located. The notice must include: | ||
(1) a description of the area that has been included in | ||
the municipality's annexation plan; | ||
(2) a statement that the completed annexation of that | ||
area will expand the municipality's extraterritorial jurisdiction | ||
to include all or part of the property owner's property; | ||
(3) a statement of the purpose of extraterritorial | ||
jurisdiction designation as provided by Section 42.001; and | ||
(4) a list of municipal ordinances that would be | ||
applicable, as authorized by Section 212.003, in the area that | ||
would be newly included in the municipality's extraterritorial | ||
jurisdiction. | ||
(f-2) In addition to the notice requirements under | ||
Subsection (f), a home-rule municipality, before the 90th day after | ||
the date the municipality adopts or amends an annexation plan under | ||
this section, shall create and make publicly available a digital | ||
map that identifies the area proposed for annexation and any area | ||
that would be newly included in the municipality's extraterritorial | ||
jurisdiction as a result of the proposed annexation. A digital map | ||
required under this subsection must be made available without | ||
charge and in a format widely used by common geographic information | ||
system software. | ||
SECTION 3. Section 43.0561, Local Government Code, is | ||
amended by amending Subsection (c) and adding Subsections (d), (e), | ||
and (f) to read as follows: | ||
(c) The municipality must: | ||
(1) post notice of the hearings on the municipality's | ||
Internet website if the municipality has an Internet website; and | ||
(2) publish notice of the hearings in a newspaper of | ||
general circulation: | ||
(A) in the municipality; | ||
(B) [ |
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and | ||
(C) in any area that would be newly included in | ||
the municipality's extraterritorial jurisdiction by the expansion | ||
of the municipality's extraterritorial jurisdiction resulting from | ||
the proposed annexation. | ||
(d) The notice for each hearing must be published at least | ||
once on or after the 20th day but before the 10th day before the date | ||
of the hearing. The notice for each hearing must be posted on the | ||
municipality's Internet website on or after the 20th day but before | ||
the 10th day before the date of the hearing and must remain posted | ||
until the date of the hearing. | ||
(e) If applicable, the notice for each hearing must include: | ||
(1) a statement that the completed annexation of the | ||
area will expand the municipality's extraterritorial jurisdiction; | ||
(2) a description of the area that would be newly | ||
included in the municipality's extraterritorial jurisdiction; | ||
(3) a statement of the purpose of extraterritorial | ||
jurisdiction designation as provided by Section 42.001; and | ||
(4) a list of municipal ordinances that would be | ||
applicable, as authorized by Section 212.003, in the area that | ||
would be newly included in the municipality's extraterritorial | ||
jurisdiction. | ||
(f) In addition to the notice required by Subsection (c), | ||
the [ |
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mail to: | ||
(1) each public entity, as defined by Section 43.053, | ||
and utility service provider that provides services in the area | ||
proposed for annexation; and | ||
(2) each railroad company that serves the municipality | ||
and is on the municipality's tax roll if the company's right-of-way | ||
is in the area proposed for annexation. | ||
SECTION 4. Section 43.063, Local Government Code, is | ||
amended by amending Subsection (c) and adding Subsections (d), (e), | ||
and (f) to read as follows: | ||
(c) The municipality must: | ||
(1) post notice of the hearings on the municipality's | ||
Internet website if the municipality has an Internet website; and | ||
(2) publish notice of the hearings in a newspaper of | ||
general circulation: | ||
(A) in the municipality; | ||
(B) [ |
||
and | ||
(C) in any area that would be newly included in | ||
the municipality's extraterritorial jurisdiction by the expansion | ||
of the municipality's extraterritorial jurisdiction resulting from | ||
the proposed annexation. | ||
(d) The notice for each hearing must be published at least | ||
once on or after the 20th day but before the 10th day before the date | ||
of the hearing. The notice for each hearing must be posted on the | ||
municipality's Internet website on or after the 20th day but before | ||
the 10th day before the date of the hearing and must remain posted | ||
until the date of the hearing. | ||
(e) If applicable, the notice for each hearing must include: | ||
(1) a statement that the completed annexation of the | ||
area will expand the municipality's extraterritorial jurisdiction; | ||
(2) a description of the area that would be newly | ||
included in the municipality's extraterritorial jurisdiction; | ||
(3) a statement of the purpose of extraterritorial | ||
jurisdiction designation as provided by Section 42.001; and | ||
(4) a list of municipal ordinances that would be | ||
applicable, as authorized by Section 212.003, in the area that | ||
would be newly included in the municipality's extraterritorial | ||
jurisdiction. | ||
(f) In addition to the notice required by Subsection (c), | ||
the [ |
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mail to each railroad company that serves the municipality and is on | ||
the municipality's tax roll if the company's right-of-way is in the | ||
area proposed for annexation. | ||
SECTION 5. Subchapter C-1, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.0635 to read as follows: | ||
Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In | ||
addition to the notice requirements under Section 43.063, a | ||
home-rule municipality, before the municipality may institute | ||
annexation proceedings, shall create and make publicly available a | ||
digital map that identifies the area proposed for annexation and | ||
any area that would be newly included in the municipality's | ||
extraterritorial jurisdiction as a result of the proposed | ||
annexation. A digital map required under this section must be made | ||
available without charge and in a format widely used by common | ||
geographic information system software. | ||
SECTION 6. Not later than January 1, 2018, each home-rule | ||
municipality shall make publicly available a digital map that | ||
complies with Section 41.001(d), Local Government Code, as added by | ||
this Act. | ||
SECTION 7. (a) The change in law made by Section | ||
43.052(f-1), Local Government Code, as added by this Act, applies | ||
only to a prospective expansion of extraterritorial jurisdiction | ||
resulting from an area proposed for annexation that is included in a | ||
municipal annexation plan on or after September 1, 2017. | ||
(b) The change in law made by Section 43.052(f-2), Local | ||
Government Code, as added by this Act, applies only to a proposed | ||
annexation that is included in a municipal annexation plan on or | ||
after September 1, 2017. | ||
(c) The changes in law made by Sections 43.0561 and 43.063, | ||
Local Government Code, as amended by this Act, apply only to a | ||
hearing notice published on or after September 1, 2017. A hearing | ||
notice published before September 1, 2017, is governed by the law in | ||
effect when the hearing notice was published, and the former law is | ||
continued in effect for that purpose. | ||
(d) The change in law made by Section 43.0635, Local | ||
Government Code, as added by this Act, applies only to a proposed | ||
annexation for which the first hearing notice required by Section | ||
43.063, Local Government Code, as amended by this Act, is published | ||
on or after September 1, 2017. | ||
SECTION 8. This Act takes effect September 1, 2017. |