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AN ACT
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relating to the annexation of certain roads and areas adjacent to |
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those roads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.028, Local Government Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) An area of land that would be eligible for annexation |
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under this section except that the area does not meet the contiguity |
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requirement of Subsection (a)(2) may be annexed under this section |
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if a public right-of-way of a road or highway designated by the |
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municipality exists that: |
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(1) is located entirely in the extraterritorial |
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jurisdiction of the municipality; and |
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(2) when added to the area would cause the area to be |
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contiguous to the municipality. |
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(h) Notwithstanding Section 43.054, on annexation of an |
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area described by Subsection (g), the public right-of-way that |
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makes the area eligible for annexation under Subsection (g) is |
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included in the annexation to the municipality without regard to |
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whether the owners of the public right-of-way sought annexation |
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under this section. The ordinance providing for annexation must |
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provide a metes and bounds description of the public right-of-way |
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annexed under this subsection. |
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SECTION 2. Section 43.106, Local Government Code, is |
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amended to read as follows: |
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Sec. 43.106. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN |
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CIRCUMSTANCES. (a) A municipality that proposes to annex any |
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portion of a [paved] county road or territory that abuts a county |
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road must also annex the entire width of the county road and the |
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adjacent right-of-way on both sides of the county road. |
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(b) If a road annexed under Subsection (a) is a gravel road, |
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the county retains control of granting access to the road and its |
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right-of-way from property that: |
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(1) is not located in the boundaries of the annexing |
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municipality; and |
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(2) is adjacent to the road and right-of-way. |
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SECTION 3. Section 43.106, Local Government Code, as |
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amended by this Act, applies to an area proposed for annexation on |
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or after the effective date of this Act or before the effective date |
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of this Act if the statutory requirements for annexation under |
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Subchapter C or C-1, Chapter 43, Local Government Code, have not |
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been completed before the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |
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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. 1949 was passed by the House on May 8, |
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2015, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1949 on May 29, 2015, by the following vote: Yeas 140, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1949 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 29, Nays |
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2. |
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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 |