Texas 2017 - 85th Regular

Texas House Bill HB2596 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3057 PAM-D
2	2	By: Larson H.B. No. 2596
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain notice of the extent of a municipality or its
8	8	extraterritorial jurisdiction.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 41.001, Local Government Code, is
11	11	amended by adding Subsection (d) to read as follows:
12	12	(d) In addition to the requirements of this section, a
13	13	home-rule municipality shall make publicly available a digital map
14	14	that complies with this section. A digital map required under this
15	15	subsection must be made available without charge and in a format
16	16	widely used by common geographic information system software.
17	17	SECTION 2. Section 43.052, Local Government Code, is
18	18	amended by adding Subsections (f-1) and (f-2) to read as follows:
19	19	(f-1) In addition to the notice provided under Subsection
20	20	(f), a municipality, before the 90th day after the date the
21	21	municipality adopts or amends an annexation plan under this
22	22	section, shall give written notice as provided by this subsection
23	23	to each property owner in any area that would be newly included in
24	24	the municipality's extraterritorial jurisdiction as a result of the
25	25	proposed annexation. For purposes of this subsection, a property
26	26	owner is the owner as indicated by the appraisal records furnished
27	27	by the appraisal district for each county in which the area that
28	28	would be newly included in the municipality's extraterritorial
29	29	jurisdiction is located. The notice must include:
30	30	(1) a description of the area that has been included in
31	31	the municipality's annexation plan;
32	32	(2) a statement that the completed annexation of that
33	33	area will expand the municipality's extraterritorial jurisdiction
34	34	to include all or part of the property owner's property;
35	35	(3) a statement of the purpose of extraterritorial
36	36	jurisdiction designation as provided by Section 42.001; and
37	37	(4) a list of municipal ordinances that would be
38	38	applicable, as authorized by Section 212.003, in the area that
39	39	would be newly included in the municipality's extraterritorial
40	40	jurisdiction.
41	41	(f-2) In addition to the notice requirements under
42	42	Subsection (f), a home-rule municipality, before the 90th day after
43	43	the date the municipality adopts or amends an annexation plan under
44	44	this section, shall create and make publicly available a digital
45	45	map that identifies the area proposed for annexation and any area
46	46	that would be newly included in the municipality's extraterritorial
47	47	jurisdiction as a result of the proposed annexation. A digital map
48	48	required under this subsection must be made available without
49	49	charge and in a format widely used by common geographic information
50	50	system software.
51	51	SECTION 3. Section 43.0561, Local Government Code, is
52	52	amended by amending Subsection (c) and adding Subsections (d), (e),
53	53	and (f) to read as follows:
54	54	(c) The municipality must:
55	55	(1) post notice of the hearings on the municipality's
56	56	Internet website if the municipality has an Internet website; and
57	57	(2) publish notice of the hearings in a newspaper of
58	58	general circulation:
59	59	(A) in the municipality;
60	60	(B) [and] in the area proposed for annexation;
61	61	and
62	62	(C) in any area that would be newly included in
63	63	the municipality's extraterritorial jurisdiction by the expansion
64	64	of the municipality's extraterritorial jurisdiction resulting from
65	65	the proposed annexation.
66	66	(d) The notice for each hearing must be published at least
67	67	once on or after the 20th day but before the 10th day before the date
68	68	of the hearing. The notice for each hearing must be posted on the
69	69	municipality's Internet website on or after the 20th day but before
70	70	the 10th day before the date of the hearing and must remain posted
71	71	until the date of the hearing.
72	72	(e) If applicable, the notice for each hearing must include:
73	73	(1) a statement that the completed annexation of the
74	74	area will expand the municipality's extraterritorial jurisdiction;
75	75	(2) a description of the area that would be newly
76	76	included in the municipality's extraterritorial jurisdiction;
77	77	(3) a statement of the purpose of extraterritorial
78	78	jurisdiction designation as provided by Section 42.001; and
79	79	(4) a list of municipal ordinances that would be
80	80	applicable, as authorized by Section 212.003, in the area that
81	81	would be newly included in the municipality's extraterritorial
82	82	jurisdiction.
83	83	(f) In addition to the notice required by Subsection (c),
84	84	the [The] municipality must give [additional] notice by certified
85	85	mail to:
86	86	(1) each public entity, as defined by Section 43.053,
87	87	and utility service provider that provides services in the area
88	88	proposed for annexation; and
89	89	(2) each railroad company that serves the municipality
90	90	and is on the municipality's tax roll if the company's right-of-way
91	91	is in the area proposed for annexation.
92	92	SECTION 4. Section 43.063, Local Government Code, is
93	93	amended by amending Subsection (c) and adding Subsections (d), (e),
94	94	and (f) to read as follows:
95	95	(c) The municipality must:
96	96	(1) post notice of the hearings on the municipality's
97	97	Internet website if the municipality has an Internet website; and
98	98	(2) publish notice of the hearings in a newspaper of
99	99	general circulation:
100	100	(A) in the municipality;
101	101	(B) [and] in the area proposed for annexation;
102	102	and
103	103	(C) in any area that would be newly included in
104	104	the municipality's extraterritorial jurisdiction by the expansion
105	105	of the municipality's extraterritorial jurisdiction resulting from
106	106	the proposed annexation.
107	107	(d) The notice for each hearing must be published at least
108	108	once on or after the 20th day but before the 10th day before the date
109	109	of the hearing. The notice for each hearing must be posted on the
110	110	municipality's Internet website on or after the 20th day but before
111	111	the 10th day before the date of the hearing and must remain posted
112	112	until the date of the hearing.
113	113	(e) If applicable, the notice for each hearing must include:
114	114	(1) a statement that the completed annexation of the
115	115	area will expand the municipality's extraterritorial jurisdiction;
116	116	(2) a description of the area that would be newly
117	117	included in the municipality's extraterritorial jurisdiction;
118	118	(3) a statement of the purpose of extraterritorial
119	119	jurisdiction designation as provided by Section 42.001; and
120	120	(4) a list of municipal ordinances that would be
121	121	applicable, as authorized by Section 212.003, in the area that
122	122	would be newly included in the municipality's extraterritorial
123	123	jurisdiction.
124	124	(f) In addition to the notice required by Subsection (c),
125	125	the [The] municipality must give [additional] notice by certified
126	126	mail to each railroad company that serves the municipality and is on
127	127	the municipality's tax roll if the company's right-of-way is in the
128	128	area proposed for annexation.
129	129	SECTION 5. Subchapter C-1, Chapter 43, Local Government
130	130	Code, is amended by adding Section 43.0635 to read as follows:
131	131	Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In
132	132	addition to the notice requirements under Section 43.063, a
133	133	home-rule municipality, before the municipality may institute
134	134	annexation proceedings, shall create and make publicly available a
135	135	digital map that identifies the area proposed for annexation and
136	136	any area that would be newly included in the municipality's
137	137	extraterritorial jurisdiction as a result of the proposed
138	138	annexation. A digital map required under this section must be made
139	139	available without charge and in a format widely used by common
140	140	geographic information system software.
141	141	SECTION 6. Not later than January 1, 2018, each home-rule
142	142	municipality shall make publicly available a digital map that
143	143	complies with Section 41.001(d), Local Government Code, as added by
144	144	this Act.
145	145	SECTION 7. (a) The change in law made by Section
146	146	43.052(f-1), Local Government Code, as added by this Act, applies
147	147	only to a prospective expansion of extraterritorial jurisdiction
148	148	resulting from an area proposed for annexation that is included in a
149	149	municipal annexation plan on or after September 1, 2017.
150	150	(b) The change in law made by Section 43.052(f-2), Local
151	151	Government Code, as added by this Act, applies only to a proposed
152	152	annexation that is included in a municipal annexation plan on or
153	153	after September 1, 2017.
154	154	(c) The changes in law made by Sections 43.0561 and 43.063,
155	155	Local Government Code, as amended by this Act, apply only to a
156	156	hearing notice published on or after September 1, 2017. A hearing
157	157	notice published before September 1, 2017, is governed by the law in
158	158	effect when the hearing notice was published, and the former law is
159	159	continued in effect for that purpose.
160	160	(d) The change in law made by Section 43.0635, Local
161	161	Government Code, as added by this Act, applies only to a proposed
162	162	annexation for which the first hearing notice required by Section
163	163	43.063, Local Government Code, as amended by this Act, is published
164	164	on or after September 1, 2017.
165	165	SECTION 8. This Act takes effect September 1, 2017.