| 1 | 1 | | H.B. No. 2956 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to municipal annexation of an area adjacent to contiguous |
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| 6 | 6 | | or connecting railroad rights-of-way. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter E, Chapter 43, Local Government Code, |
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| 9 | 9 | | is amended by adding Section 43.1057 to read as follows: |
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| 10 | 10 | | Sec. 43.1057. ANNEXATION OF AREA ADJACENT TO CONTIGUOUS OR |
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| 11 | 11 | | CONNECTING RAILROAD RIGHT-OF-WAY. (a) Notwithstanding any other |
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| 12 | 12 | | law, a municipality that is annexing an area under Subchapter C-3, |
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| 13 | 13 | | C-4, C-5, or D may also annex with the initial area an additional |
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| 14 | 14 | | area if: |
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| 15 | 15 | | (1) the area is adjacent to a right-of-way of a railway |
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| 16 | 16 | | line, spur, or other railroad property that is: |
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| 17 | 17 | | (A) contiguous and runs parallel to the |
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| 18 | 18 | | municipality's boundaries; and |
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| 19 | 19 | | (B) contiguous to the area being annexed under |
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| 20 | 20 | | Subchapter C-3, C-4, C-5, or D; and |
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| 21 | 21 | | (2) each owner of the area agrees to the annexation by |
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| 22 | 22 | | the municipality. |
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| 23 | 23 | | (b) For purposes of Subsection (a) or other law with a |
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| 24 | 24 | | municipal boundary contiguous requirement, including a municipal |
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| 25 | 25 | | charter or ordinance, an area adjacent or contiguous to the initial |
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| 26 | 26 | | area being annexed under Subsection (a) is considered adjacent and |
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| 27 | 27 | | contiguous to the annexing municipality. |
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| 28 | 28 | | (c) Section 43.054 does not apply to the annexation under |
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| 29 | 29 | | this section of the additional area described by Subsection (a). |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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| 35 | 35 | | ______________________________ ______________________________ |
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| 36 | 36 | | President of the Senate Speaker of the House |
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| 37 | 37 | | I certify that H.B. No. 2956 was passed by the House on May 6, |
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| 38 | 38 | | 2023, by the following vote: Yeas 108, Nays 30, 1 present, not |
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| 39 | 39 | | voting. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Chief Clerk of the House |
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| 42 | 42 | | I certify that H.B. No. 2956 was passed by the Senate on May |
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| 43 | 43 | | 21, 2023, by the following vote: Yeas 27, Nays 4. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Secretary of the Senate |
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| 46 | 46 | | APPROVED: _____________________ |
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| 47 | 47 | | Date |
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| 48 | 48 | | _____________________ |
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| 49 | 49 | | Governor |
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