Texas 2023 - 88th Regular

Texas House Bill HB4295

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a municipality to annex area qualified for agricultural or wildlife management use or as timberland.

Impact

The proposed changes could significantly impact local government authority over land annexation, specifically for areas used for agriculture and forestry. By requiring written consent for annexation, landowners are afforded greater protection against unwanted municipal control, thereby preserving their existing land use practices. This aligns municipal actions more closely with property rights, promoting a collaborative approach between landowners and local governments in deciding land uses.

Summary

House Bill 4295 seeks to amend the Local Government Code regarding the authority of municipalities in Texas to annex areas designated for agricultural use, wildlife management, or timberland. The bill stipulates that municipalities cannot annex such areas without the written consent of the landowners unless a development agreement is proposed and subsequently declined by the landowner. This measure aims to balance municipal expansion with the rights of property owners engaged in agricultural or related activities.

Sentiment

The sentiment surrounding HB 4295 appears to be generally positive among landowners and agricultural advocates who appreciate the protection of their rights. Stakeholders argue that the bill is a necessary safeguard that prevents cities from extending their reach into areas crucial for agricultural production and environmental conservation. However, municipal officials may express concerns that this law could hinder their ability to manage urban growth effectively and plan for future developments, potentially resulting in conflicts between land use and community planning.

Contention

One notable point of contention is the balance of power between local governments and landowners. While proponents of the bill praise its intent to prevent forced annexation, opponents may argue that it could complicate urban planning efforts and lead to fragmented development. The repeal of certain sections of the Local Government Code further indicates a significant shift in how annexation laws are applied, which could create ongoing debates about the rights of municipalities versus the rights of individual landowners.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 43. Municipal Annexation
    • Section: 016

Companion Bills

TX HB3080

Duplicate Relating to the authority of a municipality to annex area qualified for agricultural or wildlife management use or as timberland.

Similar Bills

No similar bills found.