Texas 2019 - 86th Regular

Texas Senate Bill SB1303 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1303
	1	+	By: Bettencourt, et al. S.B. No. 1303
	2	+	(Bell of Montgomery)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to maps of the actual or proposed boundaries and
6	8		extraterritorial jurisdiction of a municipality and certain
7	9		notices related to expanding the boundaries.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 41.001, Local Government Code, is
10	12		amended by amending Subsection (a) and adding Subsections (a-1),
11	13		(d), and (e) to read as follows:
12	14		(a) Each municipality shall prepare a map that shows the
13	15		boundaries of the municipality and of its extraterritorial
14	16		jurisdiction. The municipality shall maintain a copy of the map in
15	17		a location that is easily accessible to the public, including:
16	18		(1) [A copy of the map shall be kept] in the office of
17	19		the secretary or clerk of the municipality;
18	20		(2) if[. If] the municipality has a municipal
19	21		engineer, [a copy of the map shall also be kept] in the office of the
20	22		engineer; and
21	23		(3) if the municipality maintains an Internet website,
22	24		on the municipality's website.
23	25		(a-1) A municipality shall make a copy of a map required
24	26		under Subsection (a) available without charge.
25	27		(d) In addition to the requirements of this section, a
26	28		home-rule municipality shall create, or contract for the creation
27	29		of, and make publicly available a digital map that complies with
28	30		this section. A digital map required under this subsection must be
29	31		made available without charge and in a format widely used by common
30	32		geographic information system software. If the municipality
31	33		maintains an Internet website, the municipality shall make the
32	34		digital map available on the municipality's website.
33	35		(e) A home-rule municipality that does not have common
34	36		geographic information system software shall make the digital map
35	37		available in any other widely used electronic format in accordance
36	38		with Subsection (d).
37	39		SECTION 2. Section 43.052, Local Government Code, is
38	40		amended by adding Subsections (f-1) and (f-2) to read as follows:
39	41		(f-1) In addition to the notice provided under Subsection
40	42		(f), a home-rule municipality, before the 90th day after the date
41	43		the municipality adopts or amends an annexation plan under this
42	44		section, shall give written notice as provided by this subsection
43	45		to each property owner in any area that would be newly included in
44	46		the municipality's extraterritorial jurisdiction as a result of the
45	47		proposed annexation. For purposes of this subsection, a property
46	48		owner is the owner as indicated by the appraisal records furnished
47	49		by the appraisal district for each county in which the area that
48	50		would be newly included in the municipality's extraterritorial
49	51		jurisdiction is located. The notice must include:
50	52		(1) a description of the area that has been included in
51	53		the municipality's annexation plan;
52	54		(2) a statement that the completed annexation of that
53	55		area will expand the municipality's extraterritorial jurisdiction
54	56		to include all or part of the property owner's property;
55	57		(3) a statement of the purpose of extraterritorial
56	58		jurisdiction designation as provided by Section 42.001; and
57	59		(4) a brief description of each municipal ordinance
58	60		that would be applicable, as authorized by Section 212.003, in the
59	61		area that would be newly included in the municipality's
60	62		extraterritorial jurisdiction.
61	63		(f-2) In addition to the notice requirements under
62	64		Subsection (f), a home-rule municipality, before the 90th day after
63	65		the date the municipality adopts or amends an annexation plan under
64	66		this section, shall create, or contract for the creation of, and
65	67		make publicly available a digital map that identifies the area
66	68		proposed for annexation and any area that would be newly included in
67	69		the municipality's extraterritorial jurisdiction as a result of the
68	70		proposed annexation. A digital map required under this subsection
69	71		must be made available without charge and in a format widely used by
70	72		common geographic information system software or in any other
71	73		widely used electronic format if the municipality does not have
72	74		common geographic information system software. If the municipality
73	75		maintains an Internet website, the municipality shall make the
74	76		digital map available on the municipality's website.
75	77		SECTION 3. Section 43.0561, Local Government Code, is
76	78		amended by amending Subsection (c) and adding Subsections (d), (e),
77	79		and (f) to read as follows:
78	80		(c) The municipality must:
79	81		(1) post notice of the hearings on the municipality's
80	82		Internet website if the municipality has an Internet website; and
81	83		(2) publish notice of the hearings in a newspaper of
82	84		general circulation:
83	85		(A) in the municipality;
84	86		(B) [and] in the area proposed for annexation;
85	87		and
86	88		(C) if the municipality is a home-rule
87	89		municipality, in any area that would be newly included in the
88	90		municipality's extraterritorial jurisdiction by the expansion of
89	91		the municipality's extraterritorial jurisdiction resulting from
90	92		the proposed annexation.
91	93		(d) The notice for each hearing must be published at least
92	94		once on or after the 20th day but before the 10th day before the date
93	95		of the hearing. The notice for each hearing must be posted on the
94	96		municipality's Internet website on or after the 20th day but before
95	97		the 10th day before the date of the hearing and must remain posted
96	98		until the date of the hearing.
97	99		(e) This subsection applies only to a home-rule
98	100		municipality. If applicable, the notice for each hearing must
99	101		include:
100	102		(1) a statement that the completed annexation of the
101	103		area will expand the municipality's extraterritorial jurisdiction;
102	104		(2) a description of the area that would be newly
103	105		included in the municipality's extraterritorial jurisdiction;
104	106		(3) a statement of the purpose of extraterritorial
105	107		jurisdiction designation as provided by Section 42.001; and
106	108		(4) a brief description of each municipal ordinance
107	109		that would be applicable, as authorized by Section 212.003, in the
108	110		area that would be newly included in the municipality's
109	111		extraterritorial jurisdiction.
110	112		(f) In addition to the notice required by Subsection (c),
111	113		the [The] municipality must give [additional] notice by certified
112	114		mail to:
113	115		(1) each public entity, as defined by Section 43.053,
114	116		and utility service provider that provides services in the area
115	117		proposed for annexation; and
116	118		(2) each railroad company that serves the municipality
117	119		and is on the municipality's tax roll if the company's right-of-way
118	120		is in the area proposed for annexation.
119	121		SECTION 4. Section 43.063, Local Government Code, is
120	122		amended by amending Subsection (c) and adding Subsections (d), (e),
121	123		and (f) to read as follows:
122	124		(c) The municipality must:
123	125		(1) post notice of the hearings on the municipality's
124	126		Internet website if the municipality has an Internet website; and
125	127		(2) publish notice of the hearings in a newspaper of
126	128		general circulation:
127	129		(A) in the municipality;
128	130		(B) [and] in the area proposed for annexation;
129	131		and
130	132		(C) if the municipality is a home-rule
131	133		municipality, in any area that would be newly included in the
132	134		municipality's extraterritorial jurisdiction by the expansion of
133	135		the municipality's extraterritorial jurisdiction resulting from
134	136		the proposed annexation.
135	137		(d) The notice for each hearing must be published at least
136	138		once on or after the 20th day but before the 10th day before the date
137	139		of the hearing. The notice for each hearing must be posted on the
138	140		municipality's Internet website on or after the 20th day but before
139	141		the 10th day before the date of the hearing and must remain posted
140	142		until the date of the hearing.
141	143		(e) This subsection applies only to a home-rule
142	144		municipality. If applicable, the notice for each hearing must
143	145		include:
144	146		(1) a statement that the completed annexation of the
145	147		area will expand the municipality's extraterritorial jurisdiction;
146	148		(2) a description of the area that would be newly
147	149		included in the municipality's extraterritorial jurisdiction;
148	150		(3) a statement of the purpose of extraterritorial
149	151		jurisdiction designation as provided by Section 42.001; and
150	152		(4) a brief description of each municipal ordinance
151	153		that would be applicable, as authorized by Section 212.003, in the
152	154		area that would be newly included in the municipality's
153	155		extraterritorial jurisdiction.
154	156		(f) In addition to the notice required by Subsection (c),
155	157		the [The] municipality must give [additional] notice by certified
156	158		mail to each railroad company that serves the municipality and is on
157	159		the municipality's tax roll if the company's right-of-way is in the
158	160		area proposed for annexation.
159	161		SECTION 5. Subchapter C-1, Chapter 43, Local Government
160	162		Code, is amended by adding Section 43.0635 to read as follows:
161	163		Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In
162	164		addition to the notice requirements under Section 43.063, a
163	165		home-rule municipality, before the municipality may institute
164	166		annexation proceedings, shall create, or contract for the creation
165	167		of, and make publicly available a digital map that identifies the
166	168		area proposed for annexation and any area that would be newly
167	169		included in the municipality's extraterritorial jurisdiction as a
168	170		result of the proposed annexation. A digital map required under
169	171		this section must be made available without charge and in a format
170	172		widely used by common geographic information system software or in
171	173		any other widely used electronic format if the municipality does
172	174		not have common geographic information system software. If the
173	175		municipality maintains an Internet website, the municipality shall
174	176		make the digital map available on the municipality's website.
175	177		SECTION 6. Not later than January 1, 2020, each home-rule
176	178		municipality shall make publicly available a digital map that
177	179		complies with Section 41.001(d), Local Government Code, as added by
178	180		this Act.
179	181		SECTION 7. (a) The change in law made by Section
180	182		43.052(f-1), Local Government Code, as added by this Act, applies
181	183		only to a prospective expansion of extraterritorial jurisdiction
182	184		resulting from an area proposed for annexation that is included in a
183	185		municipal annexation plan on or after September 1, 2019.
184	186		(b) The change in law made by Section 43.052(f-2), Local
185	187		Government Code, as added by this Act, applies only to a proposed
186	188		annexation that is included in a municipal annexation plan on or
187	189		after September 1, 2019.
188	190		(c) The changes in law made by Sections 43.0561 and 43.063,
189	191		Local Government Code, as amended by this Act, apply only to a
190	192		hearing notice published on or after September 1, 2019. A hearing
191	193		notice published before September 1, 2019, is governed by the law in
192	194		effect when the hearing notice was published, and the former law is
193	195		continued in effect for that purpose.
194	196		(d) The change in law made by Section 43.0635, Local
195	197		Government Code, as added by this Act, applies only to a proposed
196	198		annexation for which the first hearing notice required by Section
197	199		43.063, Local Government Code, as amended by this Act, is published
198	200		on or after September 1, 2019.
199	201		SECTION 8. This Act takes effect September 1, 2019.
200		-	______________________________ ______________________________
201		-	President of the Senate Speaker of the House
202		-	I hereby certify that S.B. No. 1303 passed the Senate on
203		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
204		-	______________________________
205		-	Secretary of the Senate
206		-	I hereby certify that S.B. No. 1303 passed the House on
207		-	May 22, 2019, by the following vote: Yeas 139, Nays 6, one
208		-	present not voting.
209		-	______________________________
210		-	Chief Clerk of the House
211		-	Approved:
212		-	______________________________
213		-	Date
214		-	______________________________
215		-	Governor