| 1 | 1 | | 88R13466 SCL-F |
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| 2 | 2 | | By: Hayes H.B. No. 4038 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the limitations period for actions challenging and |
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| 8 | 8 | | validations regarding municipal annexation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 16, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 16.039 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 16.039. ANNEXATION. A person must bring suit to |
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| 14 | 14 | | challenge a municipal annexation of land not later than the 35th |
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| 15 | 15 | | anniversary of the annexation date. |
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| 16 | 16 | | SECTION 2. Subchapter Z, Chapter 43, Local Government Code, |
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| 17 | 17 | | is amended by adding Section 43.909 to read as follows: |
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| 18 | 18 | | Sec. 43.909. MUNICIPAL BOUNDARIES. Notwithstanding any |
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| 19 | 19 | | other law, municipal boundaries may not be validated for purposes |
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| 20 | 20 | | of this chapter. Compliance with this chapter is required |
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| 21 | 21 | | notwithstanding any other law that purports to validate a municipal |
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| 22 | 22 | | boundary unless that law explicitly validates the boundary for |
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| 23 | 23 | | purposes of this chapter. |
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| 24 | 24 | | SECTION 3. Section 51.003(b), Local Government Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (b) This section does not apply to: |
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| 27 | 27 | | (1) an act or proceeding that was void at the time it |
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| 28 | 28 | | occurred; |
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| 29 | 29 | | (2) an act or proceeding that, under a statute of this |
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| 30 | 30 | | state or the United States, was a misdemeanor or felony at the time |
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| 31 | 31 | | the act or proceeding occurred; |
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| 32 | 32 | | (3) an incorporation or attempted incorporation of a |
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| 33 | 33 | | municipality[, or an annexation or attempted annexation of |
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| 34 | 34 | | territory by a municipality,] within the incorporated boundaries or |
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| 35 | 35 | | extraterritorial jurisdiction of another municipality that |
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| 36 | 36 | | occurred without the consent of the other municipality in violation |
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| 37 | 37 | | of Chapter 42 or 43; |
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| 38 | 38 | | (4) an ordinance that, at the time it was passed, was |
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| 39 | 39 | | preempted by a statute of this state or the United States, including |
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| 40 | 40 | | Section 1.06 or 109.57, Alcoholic Beverage Code; [or] |
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| 41 | 41 | | (5) a matter that on the effective date of this |
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| 42 | 42 | | section: |
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| 43 | 43 | | (A) is involved in litigation if the litigation |
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| 44 | 44 | | ultimately results in the matter being held invalid by a final |
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| 45 | 45 | | judgment of a court; or |
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| 46 | 46 | | (B) has been held invalid by a final judgment of a |
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| 47 | 47 | | court; or |
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| 48 | 48 | | (6) an ordinance annexing land. |
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| 49 | 49 | | SECTION 4. The following provisions of the Local Government |
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| 50 | 50 | | Code are repealed: |
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| 51 | 51 | | (1) Section 41.003; and |
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| 52 | 52 | | (2) Section 43.901. |
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| 53 | 53 | | SECTION 5. Section 16.039, Civil Practice and Remedies |
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| 54 | 54 | | Code, as added by this Act, applies only to an action filed on or |
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| 55 | 55 | | after the effective date of this Act. An action filed before the |
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| 56 | 56 | | effective date of this Act is governed by the law in effect on the |
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| 57 | 57 | | date the action was filed, and the former law is continued in effect |
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| 58 | 58 | | for that purpose. |
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| 59 | 59 | | SECTION 6. Section 43.909, Local Government Code, as added |
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| 60 | 60 | | by this Act, does not affect the validity of a municipal boundary |
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| 61 | 61 | | validated according to law before the effective date of this Act. |
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| 62 | 62 | | SECTION 7. Section 51.003(b), Local Government Code, as |
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| 63 | 63 | | amended by this Act, applies only to a municipal ordinance annexing |
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| 64 | 64 | | land that is adopted by the governing body of a municipality on or |
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| 65 | 65 | | after the effective date of this Act. An ordinance annexing land |
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| 66 | 66 | | that is adopted before the effective date of this Act is governed by |
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| 67 | 67 | | the law in effect on the date the ordinance was adopted, and the |
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| 68 | 68 | | former law is continued in effect for that purpose. |
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| 69 | 69 | | SECTION 8. The repeal by this Act of Sections 41.003 and |
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| 70 | 70 | | 43.901, Local Government Code, applies only to a municipal |
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| 71 | 71 | | ordinance adopted on or after the effective date of this Act. A |
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| 72 | 72 | | municipal ordinance adopted before the effective date of this Act |
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| 73 | 73 | | is governed by the law in effect on the date the ordinance was |
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| 74 | 74 | | adopted, and the former law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 9. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2023. |
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