85S10509 NC-D
By: Bettencourt S.B. No. 83
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 amending Subsection (a) and adding Subsections (a-1),
(d), and (e) to read as follows:
(a) Each municipality shall prepare a map that shows the
boundaries of the municipality and of its extraterritorial
jurisdiction. The municipality shall maintain a copy of the map in
a location that is easily accessible to the public, including:
(1) [A copy of the map shall be kept] in the office of
the secretary or clerk of the municipality;
(2) if[. If] the municipality has a municipal
engineer, [a copy of the map shall also be kept] in the office of the
engineer; and
(3) if the municipality maintains an Internet website,
on the municipality's website.
(a-1) A municipality must make a copy of a map required
under this section available without charge.
(d) In addition to the requirements of this section, a
home-rule municipality shall create or contract for the creation of
and 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. If the municipality
maintains an Internet website, the municipality shall make the
digital map available on the municipality's website.
(e) A home-rule municipality that does not have geographic
information software shall make a copy of the digital map available
in any other widely used electronic format in accordance with
Subsection (d).
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 home-rule 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 brief description of each municipal ordinance
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 or contract for the creation of 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. If the municipality
maintains an Internet website, the municipality shall make the
digital map available on the municipality's website.
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) if the municipality is a home-rule
municipality, 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) This subsection applies only to a home-rule
municipality. 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 brief description of each municipal ordinance
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) if the municipality is a home-rule
municipality, 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) This subsection applies only to a home-rule
municipality. 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 brief description of each municipal ordinance
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 or contract for the creation
of 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. If
the municipality maintains an Internet website, the municipality
shall make the digital map available on the municipality's website.
SECTION 6. Not later than April 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 December 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 December 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 December 1, 2017. A hearing
notice published before December 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 December 1, 2017.
SECTION 8. This Act takes effect December 1, 2017.