85R14610 SCL-D
By: Bell H.B. No. 4185
A BILL TO BE ENTITLED
AN ACT
relating to a petition by a landowner for annexation of the
landowner's property by a municipality or release of the property
from the extraterritorial jurisdiction of the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.038 to read as follows:
Sec. 43.038. ANNEXATION ON PETITION; RELEASE OF
EXTRATERRITORIAL JURISDICTION. (a) The owner of real property
that is located in the extraterritorial jurisdiction of a
municipality may petition the municipality to annex the property
and provide services, not later than the first anniversary of the
date the municipality approves the petition, to the property. The
petition must:
(1) include a list of services to be provided to the
property within that 12-month period; and
(2) be filed with the secretary or clerk of the
municipality.
(b) The municipality shall approve or deny a petition
described by Subsection (a) not later than the 30th day after the
date the municipality receives the petition. The municipality may
extend the 30-day period by agreement with the property owner
submitting the petition.
(c) If a municipality approves a petition described by
Subsection (a), the municipality shall annex the property and
provide the services described by the petition or an agreement with
the property owner submitting the petition not later than the first
anniversary of the date the municipality approves the petition.
The municipality may extend that 12-month period by agreement with
the property owner.
(d) If the municipality fails to provide the services
described by the petition or an agreement within the period
provided by Subsection (c), including any extension agreed to by
the municipality and the property owner, the municipality shall
disannex the property and release that property from the
municipality's extraterritorial jurisdiction.
(e) If a municipality denies a petition described by
Subsection (a), the municipality shall release the property from
the 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, 2017.