88R2453 SCL-D
By: Thompson of Brazoria H.B. No. 586
A BILL TO BE ENTITLED
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 RIGHTS-OF-WAY ON REQUEST
OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
(a) Notwithstanding any other law, a municipality may by ordinance
annex under the procedures prescribed by Subchapter C-1:
(1) a road right-of-way on request of the owner of the
right-of-way or the governing body of the political subdivision
that maintains the right-of-way; or
(2) a road right-of-way described by Subsection (b)
[under the procedures prescribed by Subchapter C-1].
(b) A municipality may annex a road right-of-way provided
that the right-of-way:
(1) is contiguous to the municipality's boundary or to
an area being simultaneously annexed by the municipality;
(2) either:
(A) is parallel to the boundary of the
municipality or to an area being simultaneously annexed by the
municipality; or
(B) connects the boundary of the municipality to
an area being simultaneously annexed by the municipality or to
another point on the boundary of the municipality; and
(3) does not result in the municipality's boundaries
surrounding any area that was not already in the municipality's
extraterritorial jurisdiction immediately before the annexation of
the right-of-way.
(c) A municipality may annex a right-of-way under this
section only if:
(1) the owner of the right-of-way or the governing
body of the political subdivision that maintains the right-of-way
requests the annexation of the right-of-way in writing; or
(2) both:
(A) the municipality provides written notice of
the annexation to the owner of the right-of-way or the governing
body of the political subdivision that maintains the right-of-way
not later than the 61st day before the date of the proposed
annexation; and
(B) the owner of the right-of-way or the
governing body of the political subdivision that maintains the
right-of-way does not submit a written objection to the
municipality before the date of the proposed annexation.
(d) If a right-of-way proposed to be annexed under this
section is owned or maintained by a governmental body, then that
governmental body may specify, by notifying the municipality in
writing, the location at which a municipality must deliver notice
under Subsection (c).
(e) Section 43.054 does not apply to the annexation of a
right-of-way under this section.
(f) Notwithstanding Section 42.021, the annexation of a
road right-of-way described by Subsection (b)(2)(B) does not expand
the annexing municipality's extraterritorial jurisdiction.
SECTION 2. 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, 2023.