S.B. No. 1338
AN ACT
relating to disclosure requirements for agreements consenting to
municipal annexation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 43, Local Government Code,
is amended by adding Section 43.004 to read as follows:
Sec. 43.004. REQUIRED DISCLOSURE BEFORE ANNEXATION
AGREEMENT. (a) At the time a municipality makes an offer to a
landowner to enter into an agreement in which the landowner
consents to annexation, the municipality must provide the landowner
with the written disclosure described by Section 212.172(b-1).
(b) An annexation agreement for which a disclosure is not
provided in accordance with Subsection (a) is void.
SECTION 2. Section 212.172, Local Government Code, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) At the time a municipality makes an offer to a
landowner to enter into an agreement under this subchapter, the
municipality must provide the landowner with a written disclosure
that includes:
(1) a statement that the landowner is not required to
enter into the agreement;
(2) the authority under which the municipality may
annex the land with references to relevant law;
(3) a plain-language description of the annexation
procedures applicable to the land;
(4) whether the procedures require the landowner's
consent; and
(5) a statement regarding the municipality's waiver of
immunity to suit.
(b-2) An agreement for which a disclosure is not provided in
accordance with Subsection (b-1) is void.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1338 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 11, 2021, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1338 passed the House, with
amendment, on May 4, 2021, by the following vote: Yeas 145,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor