S.B. No. 374
AN ACT
relating to municipal annexation of certain rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.1055, Local Government Code, is
amended to read as follows:
Sec. 43.1055. ANNEXATION OF ROAD [ROADS AND] RIGHTS-OF-WAY
ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
Notwithstanding any other law, a municipality may by ordinance
annex a road [or the] right-of-way [of a road] on request of the
owner of the [road or] right-of-way or the governing body of the
political subdivision that maintains the [road or] right-of-way
under the procedures prescribed by Subchapter C-1.
SECTION 2. Subchapter E, Chapter 43, Local Government Code,
is amended by adding Section 43.1056 to read as follows:
Sec. 43.1056. ANNEXATION OF CONTIGUOUS OR CONNECTING
RIGHTS-OF-WAY. (a) Notwithstanding any other law, a municipality
that is annexing an area under Subchapter C-3, C-4, C-5, or D may
also annex with the area the right-of-way of a street, highway,
alley, or other public way or of a railway line, spur, or roadbed,
that is:
(1) contiguous and runs parallel to the municipality's
boundaries; and
(2) contiguous to the area being annexed under
Subchapter C-3, C-4, C-5, or D.
(b) A municipality may annex a right-of-way under this
section only if:
(1) the municipality provides written notice of the
annexation to the owner of the right-of-way, through the owner's
registered agent, if applicable, not later than the 61st day before
the date of the proposed annexation; and
(2) the owner of the right-of-way does not submit a
written objection to the municipality before the date of the
proposed annexation.
(c) If the owner of a right-of-way proposed to be annexed
under this section is a governmental entity, the entity may specify
the location at which a municipality must deliver notice under
Subsection (b).
(d) Section 43.054 does not apply to the annexation of a
right-of-way under this section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 374 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 374 passed the House, with
amendment, on May 11, 2021, by the following vote: Yeas 121,
Nays 21, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor