Texas 2017 - 85th Regular

Texas Senate Bill SB655 Compare Versions

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1		-	By: Bettencourt, Campbell, Hall S.B. No. 655
2		-	(In the Senate - Filed January 30, 2017; February 14, 2017,
3		-	read first time and referred to Committee on Intergovernmental
4		-	Relations; April 11, 2017, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 11, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Bettencourt, et al. S.B. No. 655
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to certain notice of the extent of a municipality or its
12	7		extraterritorial jurisdiction.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Section 41.001, Local Government Code, is
15		-	amended by adding Subsection (d) to read as follows:
	10	+	amended by amending Subsection (a) and adding Subsections (a-1),
	11	+	(d), and (e) to read as follows:
	12	+	(a) Each municipality shall prepare a map that shows the
	13	+	boundaries of the municipality and of its extraterritorial
	14	+	jurisdiction. The municipality shall maintain a copy of the map in
	15	+	a location that is easily accessible to the public, including:
	16	+	(1) [A copy of the map shall be kept] in the office of
	17	+	the secretary or clerk of the municipality;
	18	+	(2) if[. If] the municipality has a municipal
	19	+	engineer, [a copy of the map shall also be kept] in the office of the
	20	+	engineer; and
	21	+	(3) if the municipality maintains an Internet website,
	22	+	making a copy of the map available on the municipality's website.
	23	+	(a-1) A municipality must make a copy of a map required
	24	+	under this section available without charge.
16	25		(d) In addition to the requirements of this section, a
17		-	home-rule municipality shall make publicly available a digital map
18		-	that complies with this section. A digital map required under this
19		-	subsection must be made available without charge and in a format
20		-	widely used by common geographic information system software.
	26	+	home-rule municipality shall create or contract for the creation of
	27	+	and make publicly available a digital map that complies with this
	28	+	section. A digital map required under this subsection must be made
	29	+	available without charge and in a format widely used by common
	30	+	geographic information system software. If the municipality
	31	+	maintains an Internet website, the municipality shall make the
	32	+	digital map available on the municipality's website.
	33	+	(e) A home-rule municipality that does not have geographic
	34	+	information software shall make a copy of the digital map available
	35	+	in any other widely used electronic format in accordance with
	36	+	Subsection (d).
21	37		SECTION 2. Section 43.052, Local Government Code, is
22	38		amended by adding Subsections (f-1) and (f-2) to read as follows:
23	39		(f-1) In addition to the notice provided under Subsection
24		-	(f), a municipality, before the 90th day after the date ~~the~~
25		-	municipality adopts or amends an annexation plan under this
	40	+	(f), a home-rule municipality, before the 90th day after the date
	41	+	the municipality adopts or amends an annexation plan under this
26	42		section, shall give written notice as provided by this subsection
27	43		to each property owner in any area that would be newly included in
28	44		the municipality's extraterritorial jurisdiction as a result of the
29	45		proposed annexation. For purposes of this subsection, a property
30	46		owner is the owner as indicated by the appraisal records furnished
31	47		by the appraisal district for each county in which the area that
32	48		would be newly included in the municipality's extraterritorial
33	49		jurisdiction is located. The notice must include:
34	50		(1) a description of the area that has been included in
35	51		the municipality's annexation plan;
36	52		(2) a statement that the completed annexation of that
37	53		area will expand the municipality's extraterritorial jurisdiction
38	54		to include all or part of the property owner's property;
39	55		(3) a statement of the purpose of extraterritorial
40	56		jurisdiction designation as provided by Section 42.001; and
41		-	(4) a ~~list~~ of municipal ~~ordinances that would be~~
42		-	applicable, as authorized by Section 212.003, in the ~~area that~~
43		-	would be newly included in the municipality's ~~extraterritorial~~
44		-	jurisdiction.
	57	+	(4) a brief description of each municipal ordinance
	58	+	that would be applicable, as authorized by Section 212.003, in the
	59	+	area that would be newly included in the municipality's
	60	+	extraterritorial jurisdiction.
45	61		(f-2) In addition to the notice requirements under
46	62		Subsection (f), a home-rule municipality, before the 90th day after
47	63		the date the municipality adopts or amends an annexation plan under
48		-	this section, shall create and make publicly available a digital
49		-	map that identifies the area proposed for annexation and any area
50		-	that would be newly included in the municipality's extraterritorial
51		-	jurisdiction as a result of the proposed annexation. A digital map
52		-	required under this subsection must be made available without
53		-	charge and in a format widely used by common geographic information
54		-	system software.
	64	+	this section, shall create or contract for the creation of and make
	65	+	publicly available a digital map that identifies the area proposed
	66	+	for annexation and any area that would be newly included in the
	67	+	municipality's extraterritorial jurisdiction as a result of the
	68	+	proposed annexation. A digital map required under this subsection
	69	+	must be made available without charge and in a format widely used by
	70	+	common geographic information system software. If the municipality
	71	+	maintains an Internet website, the municipality shall make the
	72	+	digital map available on the municipality's website.
55	73		SECTION 3. Section 43.0561, Local Government Code, is
56	74		amended by amending Subsection (c) and adding Subsections (d), (e),
57	75		and (f) to read as follows:
58	76		(c) The municipality must:
59	77		(1) post notice of the hearings on the municipality's
60	78		Internet website if the municipality has an Internet website; and
61	79		(2) publish notice of the hearings in a newspaper of
62	80		general circulation:
63	81		(A) in the municipality;
64	82		(B) [and] in the area proposed for annexation;
65	83		and
66		-	(C) in any area that would be newly included in
67		-	the municipality's extraterritorial jurisdiction by the expansion
68		-	of the municipality's extraterritorial jurisdiction resulting from
	84	+	(C) if the municipality is a home-rule
	85	+	municipality, in any area that would be newly included in the
	86	+	municipality's extraterritorial jurisdiction by the expansion of
	87	+	the municipality's extraterritorial jurisdiction resulting from
69	88		the proposed annexation.
70	89		(d) The notice for each hearing must be published at least
71	90		once on or after the 20th day but before the 10th day before the date
72	91		of the hearing. The notice for each hearing must be posted on the
73	92		municipality's Internet website on or after the 20th day but before
74	93		the 10th day before the date of the hearing and must remain posted
75	94		until the date of the hearing.
76		-	(e) If applicable, the notice for each hearing must include:
	95	+	(e) This subsection applies only to a home-rule
	96	+	municipality. If applicable, the notice for each hearing must
	97	+	include:
77	98		(1) a statement that the completed annexation of the
78	99		area will expand the municipality's extraterritorial jurisdiction;
79	100		(2) a description of the area that would be newly
80	101		included in the municipality's extraterritorial jurisdiction;
81	102		(3) a statement of the purpose of extraterritorial
82	103		jurisdiction designation as provided by Section 42.001; and
83		-	(4) a ~~list~~ of municipal ~~ordinances that would be~~
84		-	applicable, as authorized by Section 212.003, in the ~~area that~~
85		-	would be newly included in the municipality's ~~extraterritorial~~
86		-	jurisdiction.
	104	+	(4) a brief description of each municipal ordinance
	105	+	that would be applicable, as authorized by Section 212.003, in the
	106	+	area that would be newly included in the municipality's
	107	+	extraterritorial jurisdiction.
87	108		(f) In addition to the notice required by Subsection (c),
88	109		the [The] municipality must give [additional] notice by certified
89	110		mail to:
90	111		(1) each public entity, as defined by Section 43.053,
91	112		and utility service provider that provides services in the area
92	113		proposed for annexation; and
93	114		(2) each railroad company that serves the municipality
94	115		and is on the municipality's tax roll if the company's right-of-way
95	116		is in the area proposed for annexation.
96	117		SECTION 4. Section 43.063, Local Government Code, is
97	118		amended by amending Subsection (c) and adding Subsections (d), (e),
98	119		and (f) to read as follows:
99	120		(c) The municipality must:
100	121		(1) post notice of the hearings on the municipality's
101	122		Internet website if the municipality has an Internet website; and
102	123		(2) publish notice of the hearings in a newspaper of
103	124		general circulation:
104	125		(A) in the municipality;
105	126		(B) [and] in the area proposed for annexation;
106	127		and
107		-	(C) in any area that would be newly included in
108		-	the municipality's extraterritorial jurisdiction by the expansion
109		-	of the municipality's extraterritorial jurisdiction resulting from
	128	+	(C) if the municipality is a home-rule
	129	+	municipality, in any area that would be newly included in the
	130	+	municipality's extraterritorial jurisdiction by the expansion of
	131	+	the municipality's extraterritorial jurisdiction resulting from
110	132		the proposed annexation.
111	133		(d) The notice for each hearing must be published at least
112	134		once on or after the 20th day but before the 10th day before the date
113	135		of the hearing. The notice for each hearing must be posted on the
114	136		municipality's Internet website on or after the 20th day but before
115	137		the 10th day before the date of the hearing and must remain posted
116	138		until the date of the hearing.
117		-	(e) If applicable, the notice for each hearing must include:
	139	+	(e) This subsection applies only to a home-rule
	140	+	municipality. If applicable, the notice for each hearing must
	141	+	include:
118	142		(1) a statement that the completed annexation of the
119	143		area will expand the municipality's extraterritorial jurisdiction;
120	144		(2) a description of the area that would be newly
121	145		included in the municipality's extraterritorial jurisdiction;
122	146		(3) a statement of the purpose of extraterritorial
123	147		jurisdiction designation as provided by Section 42.001; and
124		-	(4) a ~~list~~ of municipal ~~ordinances that would be~~
125		-	applicable, as authorized by Section 212.003, in the ~~area that~~
126		-	would be newly included in the municipality's ~~extraterritorial~~
127		-	jurisdiction.
	148	+	(4) a brief description of each municipal ordinance
	149	+	that would be applicable, as authorized by Section 212.003, in the
	150	+	area that would be newly included in the municipality's
	151	+	extraterritorial jurisdiction.
128	152		(f) In addition to the notice required by Subsection (c),
129	153		the [The] municipality must give [additional] notice by certified
130	154		mail to each railroad company that serves the municipality and is on
131	155		the municipality's tax roll if the company's right-of-way is in the
132	156		area proposed for annexation.
133	157		SECTION 5. Subchapter C-1, Chapter 43, Local Government
134	158		Code, is amended by adding Section 43.0635 to read as follows:
135	159		Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In
136	160		addition to the notice requirements under Section 43.063, a
137	161		home-rule municipality, before the municipality may institute
138		-	annexation proceedings, shall create and make publicly available a
139		-	digital map that identifies the area proposed for annexation and
140		-	any area that would be newly included in the municipality's
141		-	extraterritorial jurisdiction as a result of the proposed
142		-	annexation. A digital map required under this section must be made
143		-	available without charge and in a format widely used by common
144		-	geographic information system software.
	162	+	annexation proceedings, shall create or contract for the creation
	163	+	of and make publicly available a digital map that identifies the
	164	+	area proposed for annexation and any area that would be newly
	165	+	included in the municipality's extraterritorial jurisdiction as a
	166	+	result of the proposed annexation. A digital map required under
	167	+	this section must be made available without charge and in a format
	168	+	widely used by common geographic information system software. If
	169	+	the municipality maintains an Internet website, the municipality
	170	+	shall make the digital map available on the municipality's website.
145	171		SECTION 6. Not later than January 1, 2018, each home-rule
146	172		municipality shall make publicly available a digital map that
147	173		complies with Section 41.001(d), Local Government Code, as added by
148	174		this Act.
149	175		SECTION 7. (a) The change in law made by Section
150	176		43.052(f-1), Local Government Code, as added by this Act, applies
151	177		only to a prospective expansion of extraterritorial jurisdiction
152	178		resulting from an area proposed for annexation that is included in a
153	179		municipal annexation plan on or after September 1, 2017.
154	180		(b) The change in law made by Section 43.052(f-2), Local
155	181		Government Code, as added by this Act, applies only to a proposed
156	182		annexation that is included in a municipal annexation plan on or
157	183		after September 1, 2017.
158	184		(c) The changes in law made by Sections 43.0561 and 43.063,
159	185		Local Government Code, as amended by this Act, apply only to a
160	186		hearing notice published on or after September 1, 2017. A hearing
161	187		notice published before September 1, 2017, is governed by the law in
162	188		effect when the hearing notice was published, and the former law is
163	189		continued in effect for that purpose.
164	190		(d) The change in law made by Section 43.0635, Local
165	191		Government Code, as added by this Act, applies only to a proposed
166	192		annexation for which the first hearing notice required by Section
167	193		43.063, Local Government Code, as amended by this Act, is published
168	194		on or after September 1, 2017.
169	195		SECTION 8. This Act takes effect September 1, 2017.
170		-	* * * * *