By: Bettencourt, Campbell, Hall  S.B. No. 655
         (In the Senate - Filed January 30, 2017; February 14, 2017,
  read first time and referred to Committee on Intergovernmental
  Relations; April 11, 2017, reported favorably by the following
  vote:  Yeas 6, Nays 0; April 11, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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)  [and] in the area proposed for annexation;
  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 [The] municipality must give [additional] notice by certified
  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] in the area proposed for annexation;
  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 [The] municipality must give [additional] notice by certified
  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.
 
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