| 1 | 1 | | 86R7201 SCL-F |
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| 2 | 2 | | By: Kuempel H.B. No. 3184 |
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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 the annexation of an unincorporated enclave by certain |
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| 8 | 8 | | general-law municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A-1, Chapter 43, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 43.01151 to read as follows: |
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| 12 | 12 | | Sec. 43.01151. AUTHORITY OF CERTAIN GENERAL-LAW |
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| 13 | 13 | | MUNICIPALITIES TO ANNEX UNINCORPORATED ENCLAVE. (a) This section |
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| 14 | 14 | | applies only to a municipality: |
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| 15 | 15 | | (1) with a population of more than 550 and less than |
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| 16 | 16 | | 750; and |
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| 17 | 17 | | (2) that is located in a county adjacent to a county |
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| 18 | 18 | | that: |
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| 19 | 19 | | (A) has a population of more than 1.5 million; |
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| 20 | 20 | | and |
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| 21 | 21 | | (B) contains a municipality in which at least 75 |
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| 22 | 22 | | percent of the county's population resides. |
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| 23 | 23 | | (b) A general-law municipality that surrounds an |
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| 24 | 24 | | unincorporated enclave may annex the enclave as provided by Section |
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| 25 | 25 | | 43.0525 without the consent of the residents of or owners of land in |
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| 26 | 26 | | the enclave. |
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| 27 | 27 | | SECTION 2. Section 43.052(h), Local Government Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (h) This section does not apply to an area proposed for |
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| 30 | 30 | | annexation if: |
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| 31 | 31 | | (1) the area contains fewer than 100 separate tracts |
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| 32 | 32 | | of land on which one or more residential dwellings are located on |
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| 33 | 33 | | each tract; |
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| 34 | 34 | | (2) the area will be annexed by petition of more than |
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| 35 | 35 | | 50 percent of the real property owners in the area proposed for |
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| 36 | 36 | | annexation or by vote or petition of the qualified voters or real |
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| 37 | 37 | | property owners as provided by Subchapter B; |
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| 38 | 38 | | (3) the area is or was the subject of: |
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| 39 | 39 | | (A) an industrial district contract under |
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| 40 | 40 | | Section 42.044; or |
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| 41 | 41 | | (B) a strategic partnership agreement under |
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| 42 | 42 | | Section 43.0751; |
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| 43 | 43 | | (4) the area is located in a colonia, as that term is |
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| 44 | 44 | | defined by Section 2306.581, Government Code; |
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| 45 | 45 | | (5) the area is annexed under Section 43.012, 43.013, |
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| 46 | 46 | | 43.015, [or] 43.029, or 43.01151; |
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| 47 | 47 | | (6) the area is located completely within the |
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| 48 | 48 | | boundaries of a closed military installation; or |
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| 49 | 49 | | (7) the municipality determines that the annexation of |
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| 50 | 50 | | the area is necessary to protect the area proposed for annexation or |
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| 51 | 51 | | the municipality from: |
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| 52 | 52 | | (A) imminent destruction of property or injury to |
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| 53 | 53 | | persons; or |
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| 54 | 54 | | (B) a condition or use that constitutes a public |
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| 55 | 55 | | or private nuisance as defined by background principles of nuisance |
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| 56 | 56 | | and property law of this state. |
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| 57 | 57 | | SECTION 3. Subchapter C, Chapter 43, Local Government Code, |
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| 58 | 58 | | is amended by adding Section 43.0525 to read as follows: |
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| 59 | 59 | | Sec. 43.0525. PROCEDURE FOR ENCLAVE ANNEXATIONS BY CERTAIN |
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| 60 | 60 | | GENERAL-LAW MUNICIPALITIES. (a) To initiate an annexation |
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| 61 | 61 | | authorized by Section 43.01151, the municipality must adopt a |
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| 62 | 62 | | resolution proposing to annex the enclave. |
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| 63 | 63 | | (b) Sections 43.053, 43.056, 43.0561, 43.0562, 43.0564, and |
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| 64 | 64 | | 43.057 apply to an annexation initiated under this section, except |
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| 65 | 65 | | that: |
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| 66 | 66 | | (1) for the purposes of Section 43.053(b), the |
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| 67 | 67 | | municipality shall compile the inventory after adopting the |
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| 68 | 68 | | resolution proposing to annex the enclave; and |
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| 69 | 69 | | (2) for the purposes of Section 43.053(c), the |
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| 70 | 70 | | municipality shall request the information necessary to compile the |
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| 71 | 71 | | inventory in a manner determined to be appropriate by the governing |
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| 72 | 72 | | body of the municipality. |
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| 73 | 73 | | (c) An annexation proposed under this section becomes final |
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| 74 | 74 | | on the date a plan for the provision of services is negotiated under |
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| 75 | 75 | | Section 43.0562 or decided under arbitration under Section 43.0564, |
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| 76 | 76 | | as appropriate. |
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| 77 | 77 | | SECTION 4. This Act takes effect immediately if it receives |
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| 78 | 78 | | a vote of two-thirds of all the members elected to each house, as |
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| 79 | 79 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 80 | 80 | | Act does not receive the vote necessary for immediate effect, this |
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| 81 | 81 | | Act takes effect September 1, 2019. |
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