| 1 | 1 | | 86R1704 SCL-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 1302 |
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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 certain areas exempt from municipal annexation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 43.016, Local Government Code, is |
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| 10 | 10 | | amended by amending Subsection (c) and adding Subsection (c-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (c) For purposes of Section 43.003(2) or another law, |
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| 13 | 13 | | including a municipal charter or ordinance, relating to municipal |
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| 14 | 14 | | authority to annex an area adjacent to the municipality, an area |
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| 15 | 15 | | that is not adjacent or contiguous to the municipality but is |
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| 16 | 16 | | adjacent or contiguous to an area that is the subject of a |
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| 17 | 17 | | development agreement described by Subsection (b)(1) is considered |
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| 18 | 18 | | adjacent or contiguous to the municipality only if the area subject |
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| 19 | 19 | | to the agreement is adjacent or contiguous to the municipality. |
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| 20 | 20 | | (c-1) The execution of a development agreement described by |
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| 21 | 21 | | Subsection (b)(1) extends the extraterritorial jurisdiction of the |
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| 22 | 22 | | municipality only if the area subject to the agreement is adjacent |
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| 23 | 23 | | or contiguous to that municipality. |
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| 24 | 24 | | SECTION 2. Subchapter A-1, Chapter 43, Local Government |
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| 25 | 25 | | Code, is amended by adding Section 43.018 to read as follows: |
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| 26 | 26 | | Sec. 43.018. PROHIBITION AGAINST CERTAIN ANNEXATIONS |
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| 27 | 27 | | RESULTING IN ENCLAVE. (a) In this section, "enclave" means an area |
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| 28 | 28 | | located in a municipality's extraterritorial jurisdiction that is |
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| 29 | 29 | | wholly surrounded by the incorporated area of the municipality. |
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| 30 | 30 | | (b) A municipality may not annex an area if the annexation |
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| 31 | 31 | | creates an enclave unless the enclave is the subject of a |
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| 32 | 32 | | development agreement under Section 212.172. |
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| 33 | 33 | | SECTION 3. Section 43.057, Local Government Code, is |
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| 34 | 34 | | repealed. |
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| 35 | 35 | | SECTION 4. The changes in law made by this Act apply only to |
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| 36 | 36 | | the annexation of an area that is not final on the effective date of |
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| 37 | 37 | | this Act. |
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| 38 | 38 | | SECTION 5. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2019. |
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