| 1 | 1 | | 85R14610 SCL-D |
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| 2 | 2 | | By: Bell H.B. No. 4185 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a petition by a landowner for annexation of the |
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| 8 | 8 | | landowner's property by a municipality or release of the property |
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| 9 | 9 | | from the extraterritorial jurisdiction of the municipality. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 43, Local Government Code, |
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| 12 | 12 | | is amended by adding Section 43.038 to read as follows: |
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| 13 | 13 | | Sec. 43.038. ANNEXATION ON PETITION; RELEASE OF |
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| 14 | 14 | | EXTRATERRITORIAL JURISDICTION. (a) The owner of real property |
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| 15 | 15 | | that is located in the extraterritorial jurisdiction of a |
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| 16 | 16 | | municipality may petition the municipality to annex the property |
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| 17 | 17 | | and provide services, not later than the first anniversary of the |
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| 18 | 18 | | date the municipality approves the petition, to the property. The |
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| 19 | 19 | | petition must: |
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| 20 | 20 | | (1) include a list of services to be provided to the |
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| 21 | 21 | | property within that 12-month period; and |
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| 22 | 22 | | (2) be filed with the secretary or clerk of the |
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| 23 | 23 | | municipality. |
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| 24 | 24 | | (b) The municipality shall approve or deny a petition |
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| 25 | 25 | | described by Subsection (a) not later than the 30th day after the |
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| 26 | 26 | | date the municipality receives the petition. The municipality may |
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| 27 | 27 | | extend the 30-day period by agreement with the property owner |
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| 28 | 28 | | submitting the petition. |
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| 29 | 29 | | (c) If a municipality approves a petition described by |
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| 30 | 30 | | Subsection (a), the municipality shall annex the property and |
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| 31 | 31 | | provide the services described by the petition or an agreement with |
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| 32 | 32 | | the property owner submitting the petition not later than the first |
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| 33 | 33 | | anniversary of the date the municipality approves the petition. |
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| 34 | 34 | | The municipality may extend that 12-month period by agreement with |
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| 35 | 35 | | the property owner. |
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| 36 | 36 | | (d) If the municipality fails to provide the services |
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| 37 | 37 | | described by the petition or an agreement within the period |
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| 38 | 38 | | provided by Subsection (c), including any extension agreed to by |
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| 39 | 39 | | the municipality and the property owner, the municipality shall |
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| 40 | 40 | | disannex the property and release that property from the |
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| 41 | 41 | | municipality's extraterritorial jurisdiction. |
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| 42 | 42 | | (e) If a municipality denies a petition described by |
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| 43 | 43 | | Subsection (a), the municipality shall release the property from |
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| 44 | 44 | | the municipality's extraterritorial jurisdiction. |
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| 45 | 45 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2017. |
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