TITLE: Relating to municipal annexation of certain rights-of-way.

SUMMARY: Relating to municipal annexation of certain rights-of-way.

FULL TEXT:
AN ACT relating to municipal annexation of certain rights-of-way. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 43.1055, Local Government Code, is amended to read as follows: Sec. 43.1055. ANNEXATION OF ROAD [ROADS AND] RIGHTS-OF-WAY. (a) Notwithstanding any other law, a municipality may by ordinance annex under the procedures prescribed by Subchapter C-1: (1) a road [or the] right-of-way [of a road] on request of the owner of the [road or] right-of-way or the governing body of the political subdivision that maintains the [road or] right-of-way;or (2) a road right-of-way described by Subsection (b) [under the procedures prescribed by Subchapter C-1].(b) A municipality may annex a road right-of-way provided that the right-of-way: (1) is contiguous to the municipality's boundary or to an area being simultaneously annexed by the municipality; (2) either: (A) is parallel to the boundary of the municipality or to an area being simultaneously annexed by the municipality; or (B) connects the boundary of the municipality to an area being simultaneously annexed by the municipality or to another point on the boundary of the municipality; and (3) does not result in the municipality's boundaries surrounding any area that was not already in the municipality's extraterritorial jurisdiction immediately before the annexation of the right-of-way. (c) A municipality may annex a right-of-way under this section only if: (1) the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way requests the annexation of the right-of-way in writing; or (2) both: (A) the municipality provides written notice of the annexation to the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way not later than the 61st day before the date of the proposed annexation; and (B) the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. (d) If a right-of-way proposed to be annexed under this section is owned or maintained by a governmental body, then that governmental body may specify, by notifying the municipality in writing, the location at which a municipality must deliver notice under Subsection (c). (e) Section 43.054 does not apply to the annexation of a right-of-way under this section. (f) Notwithstanding Section 42.021, the annexation of a road right-of-way described by Subsection (b)(2)(B) does not expand the annexing municipality's extraterritorial jurisdiction. SECTION 2. 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.