Texas 2025 89th Regular

Texas Senate Bill SB250 Introduced / Analysis

Filed 11/20/2024

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                    BILL ANALYSIS        Senate Research Center   S.B. 250     89R3656 SCL-F   By: Flores         Local Government         4/25/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Current law does not expressly allow a municipality to annex an area within its extraterritorial jurisdiction if the area is separated by a railroad. In certain areas of Texas, a railroad may create an artificial boundary that precludes the annexation of land into the municipality, even if the owner of the land is in favor of the annexation.   The purpose of H.B. 2956 is to authorize a municipality that is annexing an area to also annex an additional area adjacent to a right-of-way of a railway line, spur, or other railroad property under certain conditions.   Bill Provisions:            Allows a municipality to annex an additional area adjacent to a right-of-way of a railway line, spur, or other railroad property that was contiguous and ran parallel to its boundaries and is contiguous to the initial area being annexed under certain annexing provisions (landowner request, petition, or election).          Provides that an area adjacent or contiguous to the initial area being annexed is to be considered adjacent and contiguous to the annexing municipality. Certain width requirements for annexation do not apply to the additional area being annexed under the bill.    As proposed, S.B. 250 amends current law relating to municipal annexation of an area adjacent to contiguous or connecting railroad 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 Subchapter E, Chapter 43, Local Government Code, by adding Section 43.1057, as follows:   Sec. 43.1057. ANNEXATION OF AREA ADJACENT TO CONTIGUOUS OR CONNECTING RAILROAD RIGHT-OF-WAY. (a) Authorizes a municipality that is annexing an area under certain subchapters of Chapter 43 (Municipal Annexation), notwithstanding any other law, to also annex with the initial area an additional area if the area is adjacent to a right-of-way of a railway line, spur, or other railroad property that is contiguous and runs parallel to the municipality's boundaries and contiguous to the area being annexed under certain subchapters of Chapter 43 and each owner of the area agrees to the annexation by the municipality.   (b) Provides that, for purposes of Subsection (a) or other law with a municipal boundary contiguous requirement, including a municipal charter or ordinance, an area adjacent or contiguous to the initial area being annexed under Subsection (a) is considered adjacent and contiguous to the annexing municipality.   (c) Provides that Section 43.054 (Width Requirements) does not apply to the annexation under this section of the additional area described by Subsection (a).   SECTION 2. Effective date: upon passage or September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 250
89R3656 SCL-F By: Flores
 Local Government
 4/25/2025
 As Filed



Senate Research Center

S.B. 250

89R3656 SCL-F

By: Flores

Local Government

4/25/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law does not expressly allow a municipality to annex an area within its extraterritorial jurisdiction if the area is separated by a railroad. In certain areas of Texas, a railroad may create an artificial boundary that precludes the annexation of land into the municipality, even if the owner of the land is in favor of the annexation.

The purpose of H.B. 2956 is to authorize a municipality that is annexing an area to also annex an additional area adjacent to a right-of-way of a railway line, spur, or other railroad property under certain conditions.

Bill Provisions:

Allows a municipality to annex an additional area adjacent to a right-of-way of a railway line, spur, or other railroad property that was contiguous and ran parallel to its boundaries and is contiguous to the initial area being annexed under certain annexing provisions (landowner request, petition, or election).

Provides that an area adjacent or contiguous to the initial area being annexed is to be considered adjacent and contiguous to the annexing municipality. Certain width requirements for annexation do not apply to the additional area being annexed under the bill.

As proposed, S.B. 250 amends current law relating to municipal annexation of an area adjacent to contiguous or connecting railroad 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 Subchapter E, Chapter 43, Local Government Code, by adding Section 43.1057, as follows:

Sec. 43.1057. ANNEXATION OF AREA ADJACENT TO CONTIGUOUS OR CONNECTING RAILROAD RIGHT-OF-WAY. (a) Authorizes a municipality that is annexing an area under certain subchapters of Chapter 43 (Municipal Annexation), notwithstanding any other law, to also annex with the initial area an additional area if the area is adjacent to a right-of-way of a railway line, spur, or other railroad property that is contiguous and runs parallel to the municipality's boundaries and contiguous to the area being annexed under certain subchapters of Chapter 43 and each owner of the area agrees to the annexation by the municipality.

(b) Provides that, for purposes of Subsection (a) or other law with a municipal boundary contiguous requirement, including a municipal charter or ordinance, an area adjacent or contiguous to the initial area being annexed under Subsection (a) is considered adjacent and contiguous to the annexing municipality.

(c) Provides that Section 43.054 (Width Requirements) does not apply to the annexation under this section of the additional area described by Subsection (a).

SECTION 2. Effective date: upon passage or September 1, 2025.