|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the limitations period for actions challenging and |
|
validations regarding municipal annexation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 16, Civil Practice and |
|
Remedies Code, is amended by adding Section 16.039 to read as |
|
follows: |
|
Sec. 16.039. ANNEXATION. A person must bring suit to |
|
challenge a municipal annexation of land not later than the 35th |
|
anniversary of the annexation date. |
|
SECTION 2. Subchapter Z, Chapter 43, Local Government Code, |
|
is amended by adding Section 43.909 to read as follows: |
|
Sec. 43.909. MUNICIPAL BOUNDARIES. Notwithstanding any |
|
other law, municipal boundaries may not be validated for purposes |
|
of this chapter. Compliance with this chapter is required |
|
notwithstanding any other law that purports to validate a municipal |
|
boundary unless that law explicitly validates the boundary for |
|
purposes of this chapter. |
|
SECTION 3. Section 51.003(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) This section does not apply to: |
|
(1) an act or proceeding that was void at the time it |
|
occurred; |
|
(2) an act or proceeding that, under a statute of this |
|
state or the United States, was a misdemeanor or felony at the time |
|
the act or proceeding occurred; |
|
(3) an incorporation or attempted incorporation of a |
|
municipality[, or an annexation or attempted annexation of |
|
territory by a municipality,] within the incorporated boundaries or |
|
extraterritorial jurisdiction of another municipality that |
|
occurred without the consent of the other municipality in violation |
|
of Chapter 42 or 43; |
|
(4) an ordinance that, at the time it was passed, was |
|
preempted by a statute of this state or the United States, including |
|
Section 1.06 or 109.57, Alcoholic Beverage Code; [or] |
|
(5) a matter that on the effective date of this |
|
section: |
|
(A) is involved in litigation if the litigation |
|
ultimately results in the matter being held invalid by a final |
|
judgment of a court; or |
|
(B) has been held invalid by a final judgment of a |
|
court; or |
|
(6) an ordinance annexing land. |
|
SECTION 4. The following provisions of the Local Government |
|
Code are repealed: |
|
(1) Section 41.003; and |
|
(2) Section 43.901. |
|
SECTION 5. Section 16.039, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to an action filed on or |
|
after the effective date of this Act. An action filed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the action was filed, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 6. Section 43.909, Local Government Code, as added |
|
by this Act, does not affect the validity of a municipal boundary |
|
validated according to law before the effective date of this Act. |
|
SECTION 7. Section 51.003(b), Local Government Code, as |
|
amended by this Act, applies only to a municipal ordinance annexing |
|
land that is adopted by the governing body of a municipality on or |
|
after the effective date of this Act. An ordinance annexing land |
|
that is adopted before the effective date of this Act is governed by |
|
the law in effect on the date the ordinance was adopted, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 8. The repeal by this Act of Sections 41.003 and |
|
43.901, Local Government Code, applies only to a municipal |
|
ordinance adopted on or after the effective date of this Act. A |
|
municipal ordinance adopted before the effective date of this Act |
|
is governed by the law in effect on the date the ordinance was |
|
adopted, and the former law is continued in effect for that purpose. |
|
SECTION 9. 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. |