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