Texas 2023 - 88th Regular

Texas House Bill HB586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 586
2	2
3	3
4	4	AN ACT
5	5	relating to municipal annexation of certain rights-of-way.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 43.1055, Local Government Code, is
8	8	amended to read as follows:
9	9	Sec. 43.1055. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST
10	10	OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
11	11	(a) Notwithstanding any other law, a municipality may by ordinance
12	12	annex under the procedures prescribed by Subchapter C-1:
13	13	(1) a road right-of-way on request of the owner of the
14	14	right-of-way or the governing body of the political subdivision
15	15	that maintains the right-of-way; or
16	16	(2) a road right-of-way described by Subsection (b)
17	17	[under the procedures prescribed by Subchapter C-1].
18	18	(b) A municipality may annex a road right-of-way provided
19	19	that the right-of-way:
20	20	(1) is contiguous to the municipality's boundary or to
21	21	an area being simultaneously annexed by the municipality;
22	22	(2) either:
23	23	(A) is parallel to the boundary of the
24	24	municipality or to an area being simultaneously annexed by the
25	25	municipality; or
26	26	(B) connects the boundary of the municipality to
27	27	an area being simultaneously annexed by the municipality or to
28	28	another point on the boundary of the municipality; and
29	29	(3) does not result in the municipality's boundaries
30	30	surrounding any area that was not already in the municipality's
31	31	extraterritorial jurisdiction immediately before the annexation of
32	32	the right-of-way.
33	33	(c) A municipality may annex a right-of-way under this
34	34	section only if:
35	35	(1) the owner of the right-of-way or the governing
36	36	body of the political subdivision that maintains the right-of-way
37	37	requests the annexation of the right-of-way in writing; or
38	38	(2) both:
39	39	(A) the municipality provides written notice of
40	40	the annexation to the owner of the right-of-way or the governing
41	41	body of the political subdivision that maintains the right-of-way
42	42	not later than the 61st day before the date of the proposed
43	43	annexation; and
44	44	(B) the owner of the right-of-way or the
45	45	governing body of the political subdivision that maintains the
46	46	right-of-way does not submit a written objection to the
47	47	municipality before the date of the proposed annexation.
48	48	(d) If a right-of-way proposed to be annexed under this
49	49	section is owned or maintained by a governmental body, then that
50	50	governmental body may specify, by notifying the municipality in
51	51	writing, the location at which a municipality must deliver notice
52	52	under Subsection (c).
53	53	(e) Section 43.054 does not apply to the annexation of a
54	54	right-of-way under this section.
55	55	(f) Notwithstanding Section 42.021, the annexation of a
56	56	road right-of-way described by Subsection (b)(2)(B) does not expand
57	57	the annexing municipality's extraterritorial jurisdiction.
58	58	SECTION 2. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2023.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I certify that H.B. No. 586 was passed by the House on April
66	66	20, 2023, by the following vote: Yeas 122, Nays 24, 2 present, not
67	67	voting.
68	68	______________________________
69	69	Chief Clerk of the House
70	70	I certify that H.B. No. 586 was passed by the Senate on May
71	71	10, 2023, by the following vote: Yeas 30, Nays 0.
72	72	______________________________
73	73	Secretary of the Senate
74	74	APPROVED: _____________________
75	75	Date
76	76	_____________________
77	77	Governor