Bill Text: TX SB1338 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to disclosure requirements for agreements consenting to municipal annexation.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-24 - Effective on 9/1/21 [SB1338 Detail]
Download: Texas-2021-SB1338-Enrolled.html
S.B. No. 1338 |
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relating to disclosure requirements for agreements consenting to | ||
municipal annexation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.004 to read as follows: | ||
Sec. 43.004. REQUIRED DISCLOSURE BEFORE ANNEXATION | ||
AGREEMENT. (a) At the time a municipality makes an offer to a | ||
landowner to enter into an agreement in which the landowner | ||
consents to annexation, the municipality must provide the landowner | ||
with the written disclosure described by Section 212.172(b-1). | ||
(b) An annexation agreement for which a disclosure is not | ||
provided in accordance with Subsection (a) is void. | ||
SECTION 2. Section 212.172, Local Government Code, is | ||
amended by adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) At the time a municipality makes an offer to a | ||
landowner to enter into an agreement under this subchapter, the | ||
municipality must provide the landowner with a written disclosure | ||
that includes: | ||
(1) a statement that the landowner is not required to | ||
enter into the agreement; | ||
(2) the authority under which the municipality may | ||
annex the land with references to relevant law; | ||
(3) a plain-language description of the annexation | ||
procedures applicable to the land; | ||
(4) whether the procedures require the landowner's | ||
consent; and | ||
(5) a statement regarding the municipality's waiver of | ||
immunity to suit. | ||
(b-2) An agreement for which a disclosure is not provided in | ||
accordance with Subsection (b-1) is void. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1338 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 11, 2021, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1338 passed the House, with | ||
amendment, on May 4, 2021, by the following vote: Yeas 145, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |