Texas 2021 - 87th Regular

Texas Senate Bill SB374 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 374
	1	+	By: Seliger S.B. No. 374
	2	+	(Shine)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to municipal annexation of certain rights-of-way.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 43.1055, Local Government Code, is
8	10		amended to read as follows:
9	11		Sec. 43.1055. ANNEXATION OF ROAD [ROADS AND] RIGHTS-OF-WAY
10	12		ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
11	13		Notwithstanding any other law, a municipality may by ordinance
12	14		annex a road [or the] right-of-way [of a road] on request of the
13	15		owner of the [road or] right-of-way or the governing body of the
14	16		political subdivision that maintains the [road or] right-of-way
15	17		under the procedures prescribed by Subchapter C-1.
16	18		SECTION 2. Subchapter E, Chapter 43, Local Government Code,
17	19		is amended by adding Section 43.1056 to read as follows:
18	20		Sec. 43.1056. ANNEXATION OF CONTIGUOUS OR CONNECTING
19	21		RIGHTS-OF-WAY. (a) Notwithstanding any other law, a municipality
20	22		that is annexing an area under Subchapter C-3, C-4, C-5, or D may
21		-	also annex with the area the right-of-way of a street, highway,
22		-	alley, or other public way or of a railway line, spur, or roadbed,
23		-	that is:
24		-	(1) contiguous and runs parallel to the municipality's
25		-	boundaries; and
26		-	(2) contiguous to the area being annexed under
27		-	Subchapter C-3, C-4, C-5, or D.
	23	+	also annex with the area:
	24	+	(1) the right-of-way of a street, highway, alley, or
	25	+	other public way or of a railway line, spur, or roadbed, that is:
	26	+	(A) contiguous and runs parallel to the
	27	+	municipality's boundaries; and
	28	+	(B) contiguous to the area being annexed under
	29	+	Subchapter C-3, C-4, C-5, or D or a right-of-way described by
	30	+	Subdivision (2); or
	31	+	(2) the right-of-way of a public road or highway
	32	+	connecting the area being annexed under Subchapter C-3, C-4, C-5,
	33	+	or D to the municipality by the most direct route.
28	34		(b) A municipality may annex a right-of-way under this
29	35		section only if:
30	36		(1) the municipality provides written notice of the
31	37		annexation to the owner of the right-of-way, through the owner's
32	38		registered agent, if applicable, not later than the 61st day before
33	39		the date of the proposed annexation; and
34	40		(2) the owner of the right-of-way does not submit a
35	41		written objection to the municipality before the date of the
36	42		proposed annexation.
37	43		(c) If the owner of a right-of-way proposed to be annexed
38	44		under this section is a governmental entity, the entity may specify
39	45		the location at which a municipality must deliver notice under
40	46		Subsection (b).
41	47		(d) Section 43.054 does not apply to the annexation of a
42	48		right-of-way under this section.
43	49		SECTION 3. This Act takes effect immediately if it receives
44	50		a vote of two-thirds of all the members elected to each house, as
45	51		provided by Section 39, Article III, Texas Constitution. If this
46	52		Act does not receive the vote necessary for immediate effect, this
47	53		Act takes effect September 1, 2021.
48		-	______________________________ ______________________________
49		-	President of the Senate Speaker of the House
50		-	I hereby certify that S.B. No. 374 passed the Senate on
51		-	April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
52		-	the Senate concurred in House amendment on May 27, 2021, by the
53		-	following vote: Yeas 31, Nays 0.
54		-	______________________________
55		-	Secretary of the Senate
56		-	I hereby certify that S.B. No. 374 passed the House, with
57		-	amendment, on May 11, 2021, by the following vote: Yeas 121,
58		-	Nays 21, one present not voting.
59		-	______________________________
60		-	Chief Clerk of the House
61		-	Approved:
62		-	______________________________
63		-	Date
64		-	______________________________
65		-	Governor