Texas 2025 - 89th Regular

Texas Senate Bill SB1965 Compare Versions

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1+89R11630 SCR/JTZ-D
12 By: King S.B. No. 1965
2- (In the Senate - Filed March 5, 2025; March 17, 2025, read
3- first time and referred to Committee on Local Government;
4- April 30, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 6, Nays 0; April 30, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1965 By: Paxton
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137 A BILL TO BE ENTITLED
148 AN ACT
15- relating to requirements for the addition of noncontiguous
16- territory to certain special districts.
9+ relating to the addition of territory to certain special districts.
1710 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18- SECTION 1. Section 49.302(d), Water Code, is amended to
19- read as follows:
20- (d) The secretary of the board shall issue a notice setting
21- forth the time and place of the hearing and describing the area
22- proposed to be annexed. Notice of the hearing shall be given:
23- (1) by posting copies of the notice in three public
24- places in the district and in one public place in the area proposed
25- to be annexed for at least 14 days before the day of the hearing;
26- (2) [and] by publishing a copy of the notice in a
27- newspaper of general circulation in the county or counties in which
28- the area proposed to be annexed is located one time at least 14 days
29- before the day of the hearing; and
30- (3) if applicable, in the manner prescribed by Section
31- 49.3021.
32- SECTION 2. Subchapter J, Chapter 49, Water Code, is amended
33- by adding Section 49.3021 to read as follows:
34- Sec. 49.3021. ADDITIONAL REQUIREMENTS FOR CERTAIN
35- PETITIONS TO ADD LAND TO CERTAIN DISTRICTS. (a) This section
36- applies only to a district governed by:
37- (1) Chapter 51, 53, 54, 55, or 65 of this code; or
38- (2) Chapter 375, Local Government Code.
39- (b) This section applies only to a petition filed under
40- Section 49.302 for the annexation of land that is:
41- (1) noncontiguous to the district;
42- (2) located more than three miles from the boundaries
43- of the district at the time the petition is filed; and
44- (3) located in a county other than any county in which
45- the district is located.
46- (c) A district that receives a petition described by
47- Subsection (b), in addition to the notice requirements under
48- Section 49.302, shall provide notice of the hearing:
49- (1) in the manner required for notice of a regular
50- district meeting;
51- (2) unless notice is waived by the county, to the
52- county clerk of the county in which the land proposed to be annexed
53- is located not later than the 30th day before the date of the
54- hearing; and
55- (3) unless notice is waived by an owner, to each owner,
56- other than a petitioner, of taxable property as shown by the most
57- recent certified tax roll of the applicable central appraisal
58- district in the area proposed to be annexed by certified mail not
59- later than the 14th day before the date of the hearing.
60- (d) On the request of the commissioners court of the county
61- in which the land proposed to be annexed is located, a petitioner
62- under this section shall submit to the commissioners court the
63- petition and any other relevant information reasonably requested by
64- the commissioners court relating to the proposed addition for
65- review. The board may not receive the proposed area as an addition
66- to the district if the petitioner does not comply with the request
67- of the county.
68- SECTION 3. The changes in law made by this Act apply only to
69- a petition submitted on or after the effective date of this Act. A
70- petition submitted before the effective date of this Act is
71- governed by the law in effect on the date the petition was
72- submitted, and the former law is continued in effect for that
73- purpose.
74- SECTION 4. This Act takes effect September 1, 2025.
75- * * * * *
11+ SECTION 1. Section 375.043(a), Local Government Code, is
12+ amended to read as follows:
13+ (a) A district may annex land as provided by Section 49.301
14+ and Chapter 54, Water Code, subject to the approval of the governing
15+ body of the municipality. In all areas of conflict, Section 54.750,
16+ Water Code, takes precedence over all prior statutory enactments
17+ regarding a district to which this chapter applies.
18+ SECTION 2. Section 51.7131, Water Code, is amended to read
19+ as follows:
20+ Sec. 51.7131. ALTERNATIVE SUBSTITUTION PROCEDURES.
21+ Notwithstanding this subchapter, a district may substitute land in
22+ the manner provided by Sections 54.739-54.747 and 54.750.
23+ SECTION 3. Subchapter O, Chapter 51, Water Code, is amended
24+ by adding Sections 51.715 and 51.7151 to read as follows:
25+ Sec. 51.715. LIMITATION ON ADDITION OF NONCONTIGUOUS LAND.
26+ (a) A district may not add noncontiguous land to the district under
27+ this subchapter or Section 49.301 or 49.302 if the noncontiguous
28+ land is located more than 200 feet from the boundaries of the
29+ district at the time of the proposed addition.
30+ (b) In all areas of conflict, Subsection (a) takes
31+ precedence over all prior statutory enactments.
32+ Sec. 51.7151. ADDING LAND BY PETITION OF LESS THAN ALL
33+ LANDOWNERS. A district that holds a hearing under Section 49.302 to
34+ annex land to the district shall, in addition to the notice
35+ requirements of that section, provide notice of the hearing by
36+ certified mail at least 14 days before the date of the hearing to:
37+ (1) each landowner in the area proposed to be annexed
38+ as shown by the most recent certified tax roll of the central
39+ appraisal district of the county or counties in which the area is
40+ located; and
41+ (2) a municipality if the municipality's corporate
42+ boundaries include or are adjacent to the area proposed to be
43+ annexed.
44+ SECTION 4. Subchapter H, Chapter 54, Water Code, is amended
45+ by adding Sections 54.750 and 54.751 to read as follows:
46+ Sec. 54.750. LIMITATION ON ADDITION OF NONCONTIGUOUS LAND.
47+ (a) A district may not add noncontiguous land to the district under
48+ this subchapter or Section 49.301 or 49.302 if the noncontiguous
49+ land is located more than 200 feet from the boundaries of the
50+ district at the time of the proposed addition.
51+ (b) In all areas of conflict, Subsection (a) takes
52+ precedence over all prior statutory enactments.
53+ Sec. 54.751. ADDING LAND BY PETITION OF LESS THAN ALL
54+ LANDOWNERS. A district that holds a hearing under Section 49.302 to
55+ annex land to the district shall, in addition to the notice
56+ requirements of that section, provide notice of the hearing by
57+ certified mail at least 14 days before the date of the hearing to:
58+ (1) each landowner in the area proposed to be annexed
59+ as shown by the most recent certified tax roll of the central
60+ appraisal district of the county or counties in which the area is
61+ located; and
62+ (2) a municipality if the municipality's corporate
63+ boundaries include or are adjacent to the area proposed to be
64+ annexed.
65+ SECTION 5. Subchapter O, Chapter 55, Water Code, is amended
66+ by adding Sections 55.701 and 55.702 to read as follows:
67+ Sec. 55.701. LIMITATION ON ADDITION OF NONCONTIGUOUS LAND.
68+ (a) A district may not add noncontiguous land to the district under
69+ Section 49.301 or 49.302 if the noncontiguous land is located more
70+ than 200 feet from the boundaries of the district at the time of the
71+ proposed addition.
72+ (b) In all areas of conflict, Subsection (a) takes
73+ precedence over all prior statutory enactments.
74+ Sec. 55.702. ADDING LAND BY PETITION OF LESS THAN ALL
75+ LANDOWNERS. A district that holds a hearing under Section 49.302 to
76+ annex land to the district shall, in addition to the notice
77+ requirements of that section, provide notice of the hearing by
78+ certified mail at least 14 days before the date of the hearing to:
79+ (1) each landowner in the area proposed to be annexed
80+ as shown by the most recent certified tax roll of the central
81+ appraisal district of the county or counties in which the area is
82+ located; and
83+ (2) a municipality if the municipality's corporate
84+ boundaries include or are adjacent to the area proposed to be
85+ annexed.
86+ SECTION 6. Subchapter H, Chapter 65, Water Code, is amended
87+ by adding Sections 65.701 and 65.702 to read as follows:
88+ Sec. 65.701. LIMITATION ON ADDITION OF NONCONTIGUOUS LAND.
89+ (a) A district may not add noncontiguous land to the district under
90+ Section 49.301 or 49.302 if the noncontiguous land is located more
91+ than 200 feet from the boundaries of the district at the time of the
92+ proposed addition.
93+ (b) In all areas of conflict, Subsection (a) takes
94+ precedence over all prior statutory enactments.
95+ Sec. 65.702. ADDING LAND BY PETITION OF LESS THAN ALL
96+ LANDOWNERS. A district that holds a hearing under Section 49.302 to
97+ annex land to the district shall, in addition to the notice
98+ requirements of that section, provide notice of the hearing by
99+ certified mail at least 14 days before the date of the hearing to:
100+ (1) each landowner in the area proposed to be annexed
101+ as shown by the most recent certified tax roll of the central
102+ appraisal district of the county or counties in which the area is
103+ located; and
104+ (2) any municipality that has territory in the area
105+ proposed to be annexed.
106+ SECTION 7. The changes in law made by this Act apply only to
107+ an addition of land a petition for which is submitted on or after
108+ the effective date of this Act. An addition of land a petition for
109+ which is submitted before the effective date of this Act is governed
110+ by the law in effect on the date the petition was submitted and the
111+ former law is continued in effect for that purpose.
112+ SECTION 8. This Act takes effect September 1, 2025.