BILL ANALYSIS Senate Research Center H.B. 586 88R2453 SCL-D By: Thompson, Ed (Bettencourt) Local Government 5/1/2023 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 586 amends current law relating to municipal annexation of certain rights-of-way. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 43.1055, Local Government Code, as follows: Sec. 43.1055. New heading: ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. (a) Creates this subsection from existing text. Authorizes a municipality, notwithstanding any other law, to annex by ordinance under the procedures prescribed by Subchapter C-1 (Annexation Procedure for Areas Exempted from Consent Annexation Procedures): (1) creates this subdivision from existing text and makes a nonsubstantive change; or (2) a road right-of-way described by Subsection (b). Makes nonsubstantive changes. (b) Authorizes a municipality to 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) Authorizes a municipality to 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) Authorizes a governmental body to specify, by notifying the municipality in writing, the location at which a municipality is required to deliver notice under Subsection (c), if a right-of-way proposed to be annexed under this section is owned or maintained by a governmental body. (e) Provides that Section 43.054 (Width Requirements) does not apply to the annexation of a right-of-way under this section. (f) Provides that the annexation of a road right-of-way described by Subsection (b)(2)(B) does not expand the annexing municipality's extraterritorial jurisdiction, notwithstanding Section 42.021 (Extent of Extraterritorial Jurisdiction). SECTION 2. Effective date: upon passage or September 1, 2023.
BILL ANALYSIS
Senate Research Center H.B. 586
88R2453 SCL-D By: Thompson, Ed (Bettencourt)
Local Government
5/1/2023
Engrossed
Senate Research Center
H.B. 586
88R2453 SCL-D
By: Thompson, Ed (Bettencourt)
Local Government
5/1/2023
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 586 amends current law relating to municipal annexation of certain rights-of-way.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 43.1055, Local Government Code, as follows:
Sec. 43.1055. New heading: ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. (a) Creates this subsection from existing text. Authorizes a municipality, notwithstanding any other law, to annex by ordinance under the procedures prescribed by Subchapter C-1 (Annexation Procedure for Areas Exempted from Consent Annexation Procedures):
(1) creates this subdivision from existing text and makes a nonsubstantive change; or
(2) a road right-of-way described by Subsection (b).
Makes nonsubstantive changes.
(b) Authorizes a municipality to 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) Authorizes a municipality to 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) Authorizes a governmental body to specify, by notifying the municipality in writing, the location at which a municipality is required to deliver notice under Subsection (c), if a right-of-way proposed to be annexed under this section is owned or maintained by a governmental body.
(e) Provides that Section 43.054 (Width Requirements) does not apply to the annexation of a right-of-way under this section.
(f) Provides that the annexation of a road right-of-way described by Subsection (b)(2)(B) does not expand the annexing municipality's extraterritorial jurisdiction, notwithstanding Section 42.021 (Extent of Extraterritorial Jurisdiction).
SECTION 2. Effective date: upon passage or September 1, 2023.