Texas 2021 - 87th Regular

Texas Senate Bill SB1338 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1338
	1	+	By: Zaffirini S.B. No. 1338
	2	+	(Sanford)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to disclosure requirements for agreements consenting to
6	8		municipal annexation.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter A, Chapter 43, Local Government Code,
9	11		is amended by adding Section 43.004 to read as follows:
10	12		Sec. 43.004. REQUIRED DISCLOSURE BEFORE ANNEXATION
11	13		AGREEMENT. (a) At the time a municipality makes an offer to a
12	14		landowner to enter into an agreement in which the landowner
13	15		consents to annexation, the municipality must provide the landowner
14	16		with the written disclosure described by Section 212.172(b-1).
15	17		(b) An annexation agreement for which a disclosure is not
16	18		provided in accordance with Subsection (a) is void.
17	19		SECTION 2. Section 212.172, Local Government Code, is
18	20		amended by adding Subsections (b-1) and (b-2) to read as follows:
19	21		(b-1) At the time a municipality makes an offer to a
20	22		landowner to enter into an agreement under this subchapter, the
21	23		municipality must provide the landowner with a written disclosure
22	24		that includes:
23	25		(1) a statement that the landowner is not required to
24	26		enter into the agreement;
25	27		(2) the authority under which the municipality may
26	28		annex the land with references to relevant law;
27	29		(3) a plain-language description of the annexation
28		-	procedures applicable to the land;
	30	+	procedures applicable to the land; and
29	31		(4) whether the procedures require the landowner's
30		-	consent; and
31		-	(5) a statement regarding the municipality's waiver of
32		-	immunity to suit.
	32	+	consent.
33	33		(b-2) An agreement for which a disclosure is not provided in
34	34		accordance with Subsection (b-1) is void.
35	35		SECTION 3. This Act takes effect September 1, 2021.
36		-	______________________________ ______________________________
37		-	President of the Senate Speaker of the House
38		-	I hereby certify that S.B. No. 1338 passed the Senate on
39		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
40		-	the Senate concurred in House amendment on May 11, 2021, by the
41		-	following vote: Yeas 30, Nays 0.
42		-	______________________________
43		-	Secretary of the Senate
44		-	I hereby certify that S.B. No. 1338 passed the House, with
45		-	amendment, on May 4, 2021, by the following vote: Yeas 145,
46		-	Nays 0, two present not voting.
47		-	______________________________
48		-	Chief Clerk of the House
49		-	Approved:
50		-	______________________________
51		-	Date
52		-	______________________________
53		-	Governor