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  H.B. No. 586
 
 
 
 
AN ACT
  relating to municipal annexation of certain rights-of-way.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.1055, Local Government Code, is
  amended to read as follows:
         Sec. 43.1055.  ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST
  OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
  (a) Notwithstanding any other law, a municipality may by ordinance
  annex under the procedures prescribed by Subchapter C-1:
               (1)  a road right-of-way on request of the owner of the
  right-of-way or the governing body of the political subdivision
  that maintains the right-of-way; or
               (2)  a road right-of-way described by Subsection (b)
  [under the procedures prescribed by Subchapter C-1].
         (b)  A municipality may annex a road right-of-way provided
  that the right-of-way:
               (1)  is contiguous to the municipality's boundary or to
  an area being simultaneously annexed by the municipality;
               (2)  either:
                     (A)  is parallel to the boundary of the
  municipality or to an area being simultaneously annexed by the
  municipality; or
                     (B)  connects the boundary of the municipality to
  an area being simultaneously annexed by the municipality or to
  another point on the boundary of the municipality; and
               (3)  does not result in the municipality's boundaries
  surrounding any area that was not already in the municipality's
  extraterritorial jurisdiction immediately before the annexation of
  the right-of-way.
         (c)  A municipality may annex a right-of-way under this
  section only if:
               (1)  the owner of the right-of-way or the governing
  body of the political subdivision that maintains the right-of-way
  requests the annexation of the right-of-way in writing; or
               (2)  both:
                     (A)  the municipality provides written notice of
  the annexation to the owner of the right-of-way or the governing
  body of the political subdivision that maintains the right-of-way
  not later than the 61st day before the date of the proposed
  annexation; and
                     (B)  the owner of the right-of-way or the
  governing body of the political subdivision that maintains the
  right-of-way does not submit a written objection to the
  municipality before the date of the proposed annexation.
         (d)  If a right-of-way proposed to be annexed under this
  section is owned or maintained by a governmental body, then that
  governmental body may specify, by notifying the municipality in
  writing, the location at which a municipality must deliver notice
  under Subsection (c).
         (e)  Section 43.054 does not apply to the annexation of a
  right-of-way under this section.
         (f)  Notwithstanding Section 42.021, the annexation of a
  road right-of-way described by Subsection (b)(2)(B) does not expand
  the annexing municipality's extraterritorial jurisdiction.
         SECTION 2.  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, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 586 was passed by the House on April
  20, 2023, by the following vote:  Yeas 122, Nays 24, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 586 was passed by the Senate on May
  10, 2023, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor