Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB83 Compare Versions

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

Old	New	Differences
1	1	85S10509 NC-D
2	2	By: Bettencourt S.B. No. 83
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 amending Subsection (a) and adding Subsections (a-1),
12	12	(d), and (e) to read as follows:
13	13	(a) Each municipality shall prepare a map that shows the
14	14	boundaries of the municipality and of its extraterritorial
15	15	jurisdiction. The municipality shall maintain a copy of the map in
16	16	a location that is easily accessible to the public, including:
17	17	(1) [A copy of the map shall be kept] in the office of
18	18	the secretary or clerk of the municipality;
19	19	(2) if[. If] the municipality has a municipal
20	20	engineer, [a copy of the map shall also be kept] in the office of the
21	21	engineer; and
22	22	(3) if the municipality maintains an Internet website,
23	23	on the municipality's website.
24	24	(a-1) A municipality must make a copy of a map required
25	25	under this section available without charge.
26	26	(d) In addition to the requirements of this section, a
27	27	home-rule municipality shall create or contract for the creation of
28	28	and make publicly available a digital map that complies with this
29	29	section. A digital map required under this subsection must be made
30	30	available without charge and in a format widely used by common
31	31	geographic information system software. If the municipality
32	32	maintains an Internet website, the municipality shall make the
33	33	digital map available on the municipality's website.
34	34	(e) A home-rule municipality that does not have geographic
35	35	information software shall make a copy of the digital map available
36	36	in any other widely used electronic format in accordance with
37	37	Subsection (d).
38	38	SECTION 2. Section 43.052, Local Government Code, is
39	39	amended by adding Subsections (f-1) and (f-2) to read as follows:
40	40	(f-1) In addition to the notice provided under Subsection
41	41	(f), a home-rule municipality, before the 90th day after the date
42	42	the municipality adopts or amends an annexation plan under this
43	43	section, shall give written notice as provided by this subsection
44	44	to each property owner in any area that would be newly included in
45	45	the municipality's extraterritorial jurisdiction as a result of the
46	46	proposed annexation. For purposes of this subsection, a property
47	47	owner is the owner as indicated by the appraisal records furnished
48	48	by the appraisal district for each county in which the area that
49	49	would be newly included in the municipality's extraterritorial
50	50	jurisdiction is located. The notice must include:
51	51	(1) a description of the area that has been included in
52	52	the municipality's annexation plan;
53	53	(2) a statement that the completed annexation of that
54	54	area will expand the municipality's extraterritorial jurisdiction
55	55	to include all or part of the property owner's property;
56	56	(3) a statement of the purpose of extraterritorial
57	57	jurisdiction designation as provided by Section 42.001; and
58	58	(4) a brief description of each municipal ordinance
59	59	that would be applicable, as authorized by Section 212.003, in the
60	60	area that would be newly included in the municipality's
61	61	extraterritorial jurisdiction.
62	62	(f-2) In addition to the notice requirements under
63	63	Subsection (f), a home-rule municipality, before the 90th day after
64	64	the date the municipality adopts or amends an annexation plan under
65	65	this section, shall create or contract for the creation of and make
66	66	publicly available a digital map that identifies the area proposed
67	67	for annexation and any area that would be newly included in the
68	68	municipality's extraterritorial jurisdiction as a result of the
69	69	proposed annexation. A digital map required under this subsection
70	70	must be made available without charge and in a format widely used by
71	71	common geographic information system software. If the municipality
72	72	maintains an Internet website, the municipality shall make the
73	73	digital map available on the municipality's website.
74	74	SECTION 3. Section 43.0561, Local Government Code, is
75	75	amended by amending Subsection (c) and adding Subsections (d), (e),
76	76	and (f) to read as follows:
77	77	(c) The municipality must:
78	78	(1) post notice of the hearings on the municipality's
79	79	Internet website if the municipality has an Internet website; and
80	80	(2) publish notice of the hearings in a newspaper of
81	81	general circulation:
82	82	(A) in the municipality;
83	83	(B) [and] in the area proposed for annexation;
84	84	and
85	85	(C) if the municipality is a home-rule
86	86	municipality, in any area that would be newly included in the
87	87	municipality's extraterritorial jurisdiction by the expansion of
88	88	the municipality's extraterritorial jurisdiction resulting from
89	89	the proposed annexation.
90	90	(d) The notice for each hearing must be published at least
91	91	once on or after the 20th day but before the 10th day before the date
92	92	of the hearing. The notice for each hearing must be posted on the
93	93	municipality's Internet website on or after the 20th day but before
94	94	the 10th day before the date of the hearing and must remain posted
95	95	until the date of the hearing.
96	96	(e) This subsection applies only to a home-rule
97	97	municipality. If applicable, the notice for each hearing must
98	98	include:
99	99	(1) a statement that the completed annexation of the
100	100	area will expand the municipality's extraterritorial jurisdiction;
101	101	(2) a description of the area that would be newly
102	102	included in the municipality's extraterritorial jurisdiction;
103	103	(3) a statement of the purpose of extraterritorial
104	104	jurisdiction designation as provided by Section 42.001; and
105	105	(4) a brief description of each municipal ordinance
106	106	that would be applicable, as authorized by Section 212.003, in the
107	107	area that would be newly included in the municipality's
108	108	extraterritorial jurisdiction.
109	109	(f) In addition to the notice required by Subsection (c),
110	110	the [The] municipality must give [additional] notice by certified
111	111	mail to:
112	112	(1) each public entity, as defined by Section 43.053,
113	113	and utility service provider that provides services in the area
114	114	proposed for annexation; and
115	115	(2) each railroad company that serves the municipality
116	116	and is on the municipality's tax roll if the company's right-of-way
117	117	is in the area proposed for annexation.
118	118	SECTION 4. Section 43.063, Local Government Code, is
119	119	amended by amending Subsection (c) and adding Subsections (d), (e),
120	120	and (f) to read as follows:
121	121	(c) The municipality must:
122	122	(1) post notice of the hearings on the municipality's
123	123	Internet website if the municipality has an Internet website; and
124	124	(2) publish notice of the hearings in a newspaper of
125	125	general circulation:
126	126	(A) in the municipality;
127	127	(B) [and] in the area proposed for annexation;
128	128	and
129	129	(C) if the municipality is a home-rule
130	130	municipality, in any area that would be newly included in the
131	131	municipality's extraterritorial jurisdiction by the expansion of
132	132	the municipality's extraterritorial jurisdiction resulting from
133	133	the proposed annexation.
134	134	(d) The notice for each hearing must be published at least
135	135	once on or after the 20th day but before the 10th day before the date
136	136	of the hearing. The notice for each hearing must be posted on the
137	137	municipality's Internet website on or after the 20th day but before
138	138	the 10th day before the date of the hearing and must remain posted
139	139	until the date of the hearing.
140	140	(e) This subsection applies only to a home-rule
141	141	municipality. If applicable, the notice for each hearing must
142	142	include:
143	143	(1) a statement that the completed annexation of the
144	144	area will expand the municipality's extraterritorial jurisdiction;
145	145	(2) a description of the area that would be newly
146	146	included in the municipality's extraterritorial jurisdiction;
147	147	(3) a statement of the purpose of extraterritorial
148	148	jurisdiction designation as provided by Section 42.001; and
149	149	(4) a brief description of each municipal ordinance
150	150	that would be applicable, as authorized by Section 212.003, in the
151	151	area that would be newly included in the municipality's
152	152	extraterritorial jurisdiction.
153	153	(f) In addition to the notice required by Subsection (c),
154	154	the [The] municipality must give [additional] notice by certified
155	155	mail to each railroad company that serves the municipality and is on
156	156	the municipality's tax roll if the company's right-of-way is in the
157	157	area proposed for annexation.
158	158	SECTION 5. Subchapter C-1, Chapter 43, Local Government
159	159	Code, is amended by adding Section 43.0635 to read as follows:
160	160	Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In
161	161	addition to the notice requirements under Section 43.063, a
162	162	home-rule municipality, before the municipality may institute
163	163	annexation proceedings, shall create or contract for the creation
164	164	of and make publicly available a digital map that identifies the
165	165	area proposed for annexation and any area that would be newly
166	166	included in the municipality's extraterritorial jurisdiction as a
167	167	result of the proposed annexation. A digital map required under
168	168	this section must be made available without charge and in a format
169	169	widely used by common geographic information system software. If
170	170	the municipality maintains an Internet website, the municipality
171	171	shall make the digital map available on the municipality's website.
172	172	SECTION 6. Not later than April 1, 2018, each home-rule
173	173	municipality shall make publicly available a digital map that
174	174	complies with Section 41.001(d), Local Government Code, as added by
175	175	this Act.
176	176	SECTION 7. (a) The change in law made by Section
177	177	43.052(f-1), Local Government Code, as added by this Act, applies
178	178	only to a prospective expansion of extraterritorial jurisdiction
179	179	resulting from an area proposed for annexation that is included in a
180	180	municipal annexation plan on or after December 1, 2017.
181	181	(b) The change in law made by Section 43.052(f-2), Local
182	182	Government Code, as added by this Act, applies only to a proposed
183	183	annexation that is included in a municipal annexation plan on or
184	184	after December 1, 2017.
185	185	(c) The changes in law made by Sections 43.0561 and 43.063,
186	186	Local Government Code, as amended by this Act, apply only to a
187	187	hearing notice published on or after December 1, 2017. A hearing
188	188	notice published before December 1, 2017, is governed by the law in
189	189	effect when the hearing notice was published, and the former law is
190	190	continued in effect for that purpose.
191	191	(d) The change in law made by Section 43.0635, Local
192	192	Government Code, as added by this Act, applies only to a proposed
193	193	annexation for which the first hearing notice required by Section
194	194	43.063, Local Government Code, as amended by this Act, is published
195	195	on or after December 1, 2017.
196	196	SECTION 8. This Act takes effect December 1, 2017.