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AN ACT
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relating to the annexation of land for which property taxes are |
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imposed based on the land's value for agricultural or wildlife |
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management purposes or timber production. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.035 to read as follows: |
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Sec. 43.035. AUTHORITY OF MUNICIPALITY TO ANNEX AREA |
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QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER |
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LAND. (a) This section applies only to an area: |
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(1) eligible to be the subject of a development |
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agreement under Subchapter G, Chapter 212; and |
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(2) appraised for ad valorem tax purposes as land for |
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agricultural or wildlife management use under Subchapter C or D, |
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Chapter 23, Tax Code, or as timber land under Subchapter E of that |
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chapter. |
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(b) A municipality may not annex an area to which this |
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section applies unless: |
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(1) the municipality offers to make a development |
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agreement with the landowner under Section 212.172 that would: |
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(A) guarantee the continuation of the |
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extraterritorial status of the area; and |
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(B) authorize the enforcement of all regulations |
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and planning authority of the municipality that do not interfere |
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with the use of the area for agriculture, wildlife management, or |
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timber; and |
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(2) the landowner declines to make the agreement |
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described by Subdivision (1). |
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(c) For purposes of Section 43.021(2) or another law, |
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including a municipal charter or ordinance, relating to municipal |
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authority to annex an area adjacent to the municipality, an area |
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adjacent or contiguous to an area that is the subject of a |
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development agreement described by Subsection (b)(1) is considered |
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adjacent or contiguous to the municipality. |
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(d) A provision of a development agreement described by |
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Subsection (b)(1) that restricts or otherwise limits the annexation |
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of all or part of the area that is the subject of the agreement is |
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void if the landowner files any type of subdivision plat or related |
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development document for the area with a governmental entity that |
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has jurisdiction over the area, regardless of how the area is |
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appraised for ad valorem tax purposes. |
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(e) A development agreement described by Subsection (b)(1) |
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is not a permit for purposes of Chapter 245. |
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SECTION 2. The change in law made by this Act applies only |
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to an annexation for which the first hearing required under Section |
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43.0561 or 43.063, Local Government Code, as appropriate, occurs on |
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or after the effective date of this Act. An annexation for which |
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the first hearing under either of those sections was held before the |
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effective date of this Act is governed by the law in effect at the |
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time of the hearing, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1472 was passed by the House on April |
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25, 2007, by the following vote: Yeas 142, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1472 was passed by the Senate on May |
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14, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |