85R3057 PAM-D
By: Larson H.B. No. 2596
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.