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