Bill Text: TX SB83 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to certain notice of the extent of a municipality or its extraterritorial jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-19 - Filed [SB83 Detail]
Download: Texas-2017-SB83-Introduced.html
| 85S10509 NC-D | ||
| By: Bettencourt | S.B. No. 83 | |
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| relating to certain notice of the extent of a municipality or its | ||
| extraterritorial jurisdiction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 41.001, Local Government Code, is | ||
| amended by amending Subsection (a) and adding Subsections (a-1), | ||
| (d), and (e) to read as follows: | ||
| (a) Each municipality shall prepare a map that shows the | ||
| boundaries of the municipality and of its extraterritorial | ||
| jurisdiction. The municipality shall maintain a copy of the map in | ||
| a location that is easily accessible to the public, including: | ||
| (1) [ |
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| the secretary or clerk of the municipality; | ||
| (2) if[ |
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| engineer, [ |
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| engineer; and | ||
| (3) if the municipality maintains an Internet website, | ||
| on the municipality's website. | ||
| (a-1) A municipality must make a copy of a map required | ||
| under this section available without charge. | ||
| (d) In addition to the requirements of this section, a | ||
| home-rule municipality shall create or contract for the creation of | ||
| and make publicly available a digital map that complies with this | ||
| section. A digital map required under this subsection must be made | ||
| available without charge and in a format widely used by common | ||
| geographic information system software. If the municipality | ||
| maintains an Internet website, the municipality shall make the | ||
| digital map available on the municipality's website. | ||
| (e) A home-rule municipality that does not have geographic | ||
| information software shall make a copy of the digital map available | ||
| in any other widely used electronic format in accordance with | ||
| Subsection (d). | ||
| SECTION 2. Section 43.052, Local Government Code, is | ||
| amended by adding Subsections (f-1) and (f-2) to read as follows: | ||
| (f-1) In addition to the notice provided under Subsection | ||
| (f), a home-rule municipality, before the 90th day after the date | ||
| the municipality adopts or amends an annexation plan under this | ||
| section, shall give written notice as provided by this subsection | ||
| to each property owner in any area that would be newly included in | ||
| the municipality's extraterritorial jurisdiction as a result of the | ||
| proposed annexation. For purposes of this subsection, a property | ||
| owner is the owner as indicated by the appraisal records furnished | ||
| by the appraisal district for each county in which the area that | ||
| would be newly included in the municipality's extraterritorial | ||
| jurisdiction is located. The notice must include: | ||
| (1) a description of the area that has been included in | ||
| the municipality's annexation plan; | ||
| (2) a statement that the completed annexation of that | ||
| area will expand the municipality's extraterritorial jurisdiction | ||
| to include all or part of the property owner's property; | ||
| (3) a statement of the purpose of extraterritorial | ||
| jurisdiction designation as provided by Section 42.001; and | ||
| (4) a brief description of each municipal ordinance | ||
| that would be applicable, as authorized by Section 212.003, in the | ||
| area that would be newly included in the municipality's | ||
| extraterritorial jurisdiction. | ||
| (f-2) In addition to the notice requirements under | ||
| Subsection (f), a home-rule municipality, before the 90th day after | ||
| the date the municipality adopts or amends an annexation plan under | ||
| this section, shall create or contract for the creation of and make | ||
| publicly available a digital map that identifies the area proposed | ||
| for annexation and any area that would be newly included in the | ||
| municipality's extraterritorial jurisdiction as a result of the | ||
| proposed annexation. A digital map required under this subsection | ||
| must be made available without charge and in a format widely used by | ||
| common geographic information system software. If the municipality | ||
| maintains an Internet website, the municipality shall make the | ||
| digital map available on the municipality's website. | ||
| SECTION 3. Section 43.0561, Local Government Code, is | ||
| amended by amending Subsection (c) and adding Subsections (d), (e), | ||
| and (f) to read as follows: | ||
| (c) The municipality must: | ||
| (1) post notice of the hearings on the municipality's | ||
| Internet website if the municipality has an Internet website; and | ||
| (2) publish notice of the hearings in a newspaper of | ||
| general circulation: | ||
| (A) in the municipality; | ||
| (B) [ |
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| and | ||
| (C) if the municipality is a home-rule | ||
| municipality, in any area that would be newly included in the | ||
| municipality's extraterritorial jurisdiction by the expansion of | ||
| the municipality's extraterritorial jurisdiction resulting from | ||
| the proposed annexation. | ||
| (d) The notice for each hearing must be published at least | ||
| once on or after the 20th day but before the 10th day before the date | ||
| of the hearing. The notice for each hearing must be posted on the | ||
| municipality's Internet website on or after the 20th day but before | ||
| the 10th day before the date of the hearing and must remain posted | ||
| until the date of the hearing. | ||
| (e) This subsection applies only to a home-rule | ||
| municipality. If applicable, the notice for each hearing must | ||
| include: | ||
| (1) a statement that the completed annexation of the | ||
| area will expand the municipality's extraterritorial jurisdiction; | ||
| (2) a description of the area that would be newly | ||
| included in the municipality's extraterritorial jurisdiction; | ||
| (3) a statement of the purpose of extraterritorial | ||
| jurisdiction designation as provided by Section 42.001; and | ||
| (4) a brief description of each municipal ordinance | ||
| that would be applicable, as authorized by Section 212.003, in the | ||
| area that would be newly included in the municipality's | ||
| extraterritorial jurisdiction. | ||
| (f) In addition to the notice required by Subsection (c), | ||
| the [ |
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| mail to: | ||
| (1) each public entity, as defined by Section 43.053, | ||
| and utility service provider that provides services in the area | ||
| proposed for annexation; and | ||
| (2) each railroad company that serves the municipality | ||
| and is on the municipality's tax roll if the company's right-of-way | ||
| is in the area proposed for annexation. | ||
| SECTION 4. Section 43.063, Local Government Code, is | ||
| amended by amending Subsection (c) and adding Subsections (d), (e), | ||
| and (f) to read as follows: | ||
| (c) The municipality must: | ||
| (1) post notice of the hearings on the municipality's | ||
| Internet website if the municipality has an Internet website; and | ||
| (2) publish notice of the hearings in a newspaper of | ||
| general circulation: | ||
| (A) in the municipality; | ||
| (B) [ |
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| and | ||
| (C) if the municipality is a home-rule | ||
| municipality, in any area that would be newly included in the | ||
| municipality's extraterritorial jurisdiction by the expansion of | ||
| the municipality's extraterritorial jurisdiction resulting from | ||
| the proposed annexation. | ||
| (d) The notice for each hearing must be published at least | ||
| once on or after the 20th day but before the 10th day before the date | ||
| of the hearing. The notice for each hearing must be posted on the | ||
| municipality's Internet website on or after the 20th day but before | ||
| the 10th day before the date of the hearing and must remain posted | ||
| until the date of the hearing. | ||
| (e) This subsection applies only to a home-rule | ||
| municipality. If applicable, the notice for each hearing must | ||
| include: | ||
| (1) a statement that the completed annexation of the | ||
| area will expand the municipality's extraterritorial jurisdiction; | ||
| (2) a description of the area that would be newly | ||
| included in the municipality's extraterritorial jurisdiction; | ||
| (3) a statement of the purpose of extraterritorial | ||
| jurisdiction designation as provided by Section 42.001; and | ||
| (4) a brief description of each municipal ordinance | ||
| that would be applicable, as authorized by Section 212.003, in the | ||
| area that would be newly included in the municipality's | ||
| extraterritorial jurisdiction. | ||
| (f) In addition to the notice required by Subsection (c), | ||
| the [ |
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| mail to each railroad company that serves the municipality and is on | ||
| the municipality's tax roll if the company's right-of-way is in the | ||
| area proposed for annexation. | ||
| SECTION 5. Subchapter C-1, Chapter 43, Local Government | ||
| Code, is amended by adding Section 43.0635 to read as follows: | ||
| Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In | ||
| addition to the notice requirements under Section 43.063, a | ||
| home-rule municipality, before the municipality may institute | ||
| annexation proceedings, shall create or contract for the creation | ||
| of and make publicly available a digital map that identifies the | ||
| area proposed for annexation and any area that would be newly | ||
| included in the municipality's extraterritorial jurisdiction as a | ||
| result of the proposed annexation. A digital map required under | ||
| this section must be made available without charge and in a format | ||
| widely used by common geographic information system software. If | ||
| the municipality maintains an Internet website, the municipality | ||
| shall make the digital map available on the municipality's website. | ||
| SECTION 6. Not later than April 1, 2018, each home-rule | ||
| municipality shall make publicly available a digital map that | ||
| complies with Section 41.001(d), Local Government Code, as added by | ||
| this Act. | ||
| SECTION 7. (a) The change in law made by Section | ||
| 43.052(f-1), Local Government Code, as added by this Act, applies | ||
| only to a prospective expansion of extraterritorial jurisdiction | ||
| resulting from an area proposed for annexation that is included in a | ||
| municipal annexation plan on or after December 1, 2017. | ||
| (b) The change in law made by Section 43.052(f-2), Local | ||
| Government Code, as added by this Act, applies only to a proposed | ||
| annexation that is included in a municipal annexation plan on or | ||
| after December 1, 2017. | ||
| (c) The changes in law made by Sections 43.0561 and 43.063, | ||
| Local Government Code, as amended by this Act, apply only to a | ||
| hearing notice published on or after December 1, 2017. A hearing | ||
| notice published before December 1, 2017, is governed by the law in | ||
| effect when the hearing notice was published, and the former law is | ||
| continued in effect for that purpose. | ||
| (d) The change in law made by Section 43.0635, Local | ||
| Government Code, as added by this Act, applies only to a proposed | ||
| annexation for which the first hearing notice required by Section | ||
| 43.063, Local Government Code, as amended by this Act, is published | ||
| on or after December 1, 2017. | ||
| SECTION 8. This Act takes effect December 1, 2017. | ||
