Bill Text: TX SB1639 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the procedures for municipal annexations.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-25 - Referred to Land & Resource Management [SB1639 Detail]
Download: Texas-2015-SB1639-Engrossed.html
By: Campbell, et al. | S.B. No. 1639 |
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relating to the procedures for municipal annexations. | ||
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 43.003 to read as follows: | ||
Sec. 43.003. LIMITED PURPOSE ANNEXATION GENERALLY | ||
PROHIBITED; EXCEPTION. (a) Except as provided by Section 43.0751, | ||
beginning September 1, 2015, a municipality may not annex an area | ||
for the limited purposes of applying its planning, zoning, health, | ||
and safety ordinances in the area. | ||
(b) This section supersedes any municipal charter provision | ||
that conflicts with this section. | ||
SECTION 2. Section 43.051, Local Government Code, is | ||
transferred to Subchapter B, Chapter 43, Local Government Code, | ||
redesignated as Section 43.0211, Local Government Code, and amended | ||
to read as follows: | ||
Sec. 43.0211 [ |
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EXTRATERRITORIAL JURISDICTION. A municipality may annex area only | ||
in the municipality's [ |
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the municipality owns the area. | ||
SECTION 3. Subchapter B, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.0212 to read as follows: | ||
Sec. 43.0212. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON | ||
REQUEST OF OWNERS. (a) A municipality may annex an area if each | ||
owner of land in the area requests the annexation. | ||
(b) If a municipality elects to annex an area under this | ||
section, the governing body of the municipality must first | ||
negotiate and enter into a written agreement for the provision of | ||
services in the area with the owners of land in the area. The | ||
municipality is not required to provide a service that is not | ||
included in the agreement. | ||
(c) Before a municipality may annex an area under this | ||
section, the governing body of the municipality must conduct at | ||
least two public hearings. The hearings must be conducted not less | ||
than 10 business days apart. During the first public hearing, the | ||
governing body must provide persons interested in the annexation | ||
the opportunity to be heard. During the final public hearing, the | ||
governing body may adopt an ordinance annexing the area. | ||
SECTION 4. The heading to Subchapter C, Chapter 43, Local | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN | ||
200 [ |
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SECTION 5. Subchapter C, Chapter 43, Local Government Code, | ||
is amended by adding Sections 43.0511 through 43.0517 to read as | ||
follows: | ||
Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex | ||
an area with a population of less than 200 only if the municipality | ||
obtains consent to annex the area through a petition signed by: | ||
(1) more than 50 percent of the registered voters of | ||
the area; and | ||
(2) if the registered voters of the area do not own | ||
more than 50 percent of the land in the area, more than 50 percent of | ||
the owners of land in the area. | ||
Sec. 43.0512. RESOLUTION. The governing body of the | ||
municipality that proposes to annex an area under this subchapter | ||
must adopt a resolution that includes: | ||
(1) a statement of the municipality's intent to annex | ||
the area; | ||
(2) a detailed description and map of the area to be | ||
annexed; and | ||
(3) a description of the services to be provided by the | ||
municipality in the area after the annexation, including, as | ||
applicable: | ||
(A) police protection; | ||
(B) fire protection; | ||
(C) emergency medical services; | ||
(D) solid waste collection; | ||
(E) operation and maintenance of water and | ||
wastewater facilities in the annexed area; | ||
(F) operation and maintenance of roads and | ||
streets, including road and street lighting; | ||
(G) operation and maintenance of parks, | ||
playgrounds, and swimming pools; and | ||
(H) operation and maintenance of any other | ||
publicly owned facility, building, or service. | ||
Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later | ||
than the seventh day after the date the governing body of the | ||
municipality adopts the resolution under Section 43.0512, the | ||
municipality must mail to each resident in the area notification of | ||
the proposed annexation that includes: | ||
(1) notice of the public hearing required by Section | ||
43.0514; | ||
(2) an explanation of the 60-day petition period | ||
described by Section 43.0515; and | ||
(3) a description of services to be provided by the | ||
municipality in the area after the annexation. | ||
Sec. 43.0514. INITIAL PUBLIC HEARING. The governing body | ||
of a municipality must conduct at least one public hearing not | ||
earlier than the 21st day and not later than the 30th day after the | ||
date the governing body adopts the resolution under Section | ||
43.0512. | ||
Sec. 43.0515. PETITION. (a) The petition required by | ||
Section 43.0511 may be signed only by a registered voter of the area | ||
or an owner of land in the area. The petition must provide for the | ||
person signing to state whether the person is signing as a | ||
registered voter of the area, as an owner of land in the area, or as | ||
both. | ||
(b) The municipality may collect signatures on the petition | ||
only during the period beginning on the 31st day after the date the | ||
governing body of the municipality adopts the resolution under | ||
Section 43.0512 and ending on the 90th day after the date the | ||
resolution is adopted. | ||
(c) The petition must clearly state that a person signing | ||
the petition is consenting to the proposed annexation. | ||
(d) The petition must include a map of and describe the area | ||
proposed to be annexed. | ||
(e) The municipality must collect petition signatures in | ||
person, except that the municipality may provide for an owner of | ||
land in the area that is not a resident of the area to sign the | ||
petition electronically. | ||
(f) Chapter 277, Election Code, applies to a petition under | ||
this section. | ||
Sec. 43.0516. RESULTS OF PETITION. (a) When the petition | ||
period prescribed by Section 43.0515 ends, the petition shall be | ||
verified by the municipal secretary or other person responsible for | ||
verifying signatures. The municipality must notify the residents | ||
of the area proposed to be annexed of the results of the petition. | ||
(b) If the municipality does not obtain the number of | ||
signatures on the petition required to annex the area, the | ||
municipality may not annex the area and may not adopt another | ||
resolution under Section 43.0512 to annex the same area until the | ||
first anniversary of the date the petition period ended. | ||
(c) If the municipality obtains the number of signatures on | ||
the petition required to annex the area, the municipality may annex | ||
the area after: | ||
(1) providing notice under Subsection (a); | ||
(2) holding a public hearing at which members of the | ||
public are given an opportunity to be heard; and | ||
(3) holding a final hearing not earlier than the 10th | ||
day after the date of the public hearing under Subdivision (2) at | ||
which the ordinance annexing the area may be adopted. | ||
Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON | ||
PETITION. Notwithstanding Section 43.0516, a municipality may not | ||
annex an area under this subchapter without approval of a majority | ||
of the voters voting at an election called and held for that purpose | ||
if a petition protesting the annexation is signed by a number of | ||
registered voters of the municipality equal to at least 50 percent | ||
of the number of voters who voted in the most recent municipal | ||
election and is received by the secretary of the municipality | ||
before the date the petition period prescribed by Section 43.0515 | ||
ends. | ||
SECTION 6. The heading to Subchapter C-1, Chapter 43, Local | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST | ||
200 [ |
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SECTION 7. Subchapter C-1, Chapter 43, Local Government | ||
Code, is amended by adding Sections 43.0611 through 43.0618 to read | ||
as follows: | ||
Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex | ||
an area with a population of 200 or more only if the following | ||
conditions are met, as applicable: | ||
(1) the municipality holds an election in the area | ||
proposed to be annexed at which the qualified voters of the area may | ||
vote on the question of the annexation, and a majority of the votes | ||
received at the election approve the annexation; and | ||
(2) if the registered voters of the area do not own | ||
more than 50 percent of the land in the area, the municipality | ||
obtains consent to annex the area through a petition signed by more | ||
than 50 percent of the owners of land in the area. | ||
Sec. 43.0612. RESOLUTION. The governing body of the | ||
municipality that proposes to annex an area under this subchapter | ||
must adopt a resolution that includes: | ||
(1) a statement of the municipality's intent to annex | ||
the area; | ||
(2) a detailed description and map of the area to be | ||
annexed; and | ||
(3) a description of the services to be provided by the | ||
municipality in the area after the annexation, including, as | ||
applicable: | ||
(A) police protection; | ||
(B) fire protection; | ||
(C) emergency medical services; | ||
(D) solid waste collection; | ||
(E) operation and maintenance of water and | ||
wastewater facilities in the annexed area; | ||
(F) operation and maintenance of roads and | ||
streets, including road and street lighting; | ||
(G) operation and maintenance of parks, | ||
playgrounds, and swimming pools; and | ||
(H) operation and maintenance of any other | ||
publicly owned facility, building, or service. | ||
Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later | ||
than the seventh day after the date the governing body of the | ||
municipality adopts the resolution under Section 43.0612, the | ||
municipality must mail to each property owner in the area | ||
notification of the proposed annexation that includes: | ||
(1) notice of the public hearing required by Section | ||
43.0614; | ||
(2) notice that an election on the question of | ||
annexing the area will be held; and | ||
(3) a description of services to be provided by the | ||
municipality in the area after the annexation. | ||
Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of | ||
a municipality must conduct at least one public hearing not earlier | ||
than the 21st day and not later than the 30th day after the date the | ||
governing body adopts the resolution under Section 43.0612. | ||
(b) The governing body must conduct an additional public | ||
hearing not earlier than the 31st day and not later than the 90th | ||
day after the date the governing body adopts a resolution under | ||
Section 43.0612. | ||
Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN | ||
AREAS. (a) If the registered voters in the area to be annexed do | ||
not own more than 50 percent of the land in the area, the | ||
municipality must obtain consent to the annexation through a | ||
petition signed by more than 50 percent of the owners of land in the | ||
area in addition to the election required by this subchapter. | ||
(b) The municipality must obtain the consent required by | ||
this section through the petition process prescribed by Section | ||
43.0515, and the petition must be verified in the manner provided by | ||
Section 43.0516(a). | ||
Sec. 43.0616. ELECTION. (a) A municipality shall order an | ||
election on the question of annexing an area to be held on the first | ||
uniform election date that falls on or after: | ||
(1) the 90th day after the date the governing body of | ||
the municipality adopts the resolution under Section 43.0612; or | ||
(2) if the consent of the owners of land in the area is | ||
required under Section 43.0615, the 78th day after the date the | ||
petition period to obtain that consent ends. | ||
(b) An election under this section shall be held in the same | ||
manner as general elections of the municipality. The municipality | ||
shall pay for the costs of holding the election. | ||
(c) A municipality that holds an election under this section | ||
may not hold another election on the question of annexation before | ||
the corresponding uniform election date of the following year. | ||
Sec. 43.0617. RESULTS OF ELECTION AND PETITION. | ||
(a) Following an election held under this subchapter, the | ||
municipality must notify the residents of the area proposed to be | ||
annexed of the results of the election and, if applicable, of the | ||
petition required by Section 43.0615. | ||
(b) If at the election held under this subchapter a majority | ||
of qualified voters do not approve the proposed annexation, or if | ||
the municipality is required to petition owners of land in the area | ||
under Section 43.0615 and does not obtain the required number of | ||
signatures, the municipality may not annex the area and may not | ||
adopt another resolution under Section 43.0612 to annex the same | ||
area until the first anniversary of the date of the adoption of the | ||
resolution. | ||
(c) If at the election held under this subchapter a majority | ||
of qualified voters approve the proposed annexation, and if the | ||
municipality, as applicable, obtains the required number of | ||
petition signatures under Section 43.0615, the municipality may | ||
annex the area after: | ||
(1) providing notice under Subsection (a); | ||
(2) holding a public hearing at which members of the | ||
public are given an opportunity to be heard; and | ||
(3) holding a final hearing not earlier than the 10th | ||
day after the date of the public hearing under Subdivision (2) at | ||
which the ordinance annexing the area may be adopted. | ||
Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON | ||
PETITION. Notwithstanding Section 43.0617, a municipality may not | ||
annex an area under this subchapter without approval of a majority | ||
of the voters voting at an election called and held for that purpose | ||
if a petition protesting the annexation is signed by a number of | ||
registered voters of the municipality equal to at least 50 percent | ||
of the number of voters who voted in the most recent municipal | ||
election and is received by the secretary of the municipality | ||
before the date the election required by this subchapter is held. | ||
SECTION 8. Section 43.071(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) Subsections (b) and (c) [ |
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annexation of: | ||
(1) an area within a water or sewer district if: | ||
(A) the governing body of the district consents | ||
to the annexation; | ||
(B) the owners in fee simple of the area to be | ||
annexed consent to the annexation; and | ||
(C) the annexed area does not exceed 525 feet in | ||
width at its widest point; | ||
(2) a water or sewer district that has a noncontiguous | ||
part that is not within the extraterritorial jurisdiction of the | ||
municipality; or | ||
(3) a part of a special utility district created or | ||
operating under Chapter 65, Water Code. | ||
SECTION 9. Section 43.0715(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) At the time notice of the municipality's intent to annex | ||
the land within the district is first published [ |
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complete a report for each developer conducted in accordance with | ||
the format approved by the Texas [ |
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Commission on Environmental Quality for audits. In the event the | ||
municipality is unable to complete the report prior to the | ||
effective date of the annexation as a result of the developer's | ||
failure to provide information to the municipality which cannot be | ||
obtained from other sources, the municipality shall obtain from the | ||
district the estimated costs of each project previously undertaken | ||
by a developer which are eligible for reimbursement. The amount of | ||
such costs, as estimated by the district, shall be escrowed by the | ||
municipality for the benefit of the persons entitled to receive | ||
payment in an insured interest-bearing account with a financial | ||
institution authorized to do business in the state. To compensate | ||
the developer for the municipality's use of the infrastructure | ||
facilities pending the determination of the reimbursement amount or | ||
federal preclearance, all interest accrued on the escrowed funds | ||
shall be paid to the developer whether or not the annexation is | ||
valid. Upon placement of the funds in the escrow account, the | ||
annexation may become effective. In the event a municipality | ||
timely escrows all estimated reimbursable amounts as required by | ||
this subsection and all such amounts, determined to be owed, | ||
including interest, are subsequently disbursed to the developer | ||
within five days of final determination in immediately available | ||
funds as required by this section, no penalties or interest shall | ||
accrue during the pendency of the escrow. Either the municipality | ||
or developer may, by written notice to the other party, require | ||
disputes regarding the amount owed under this section to be subject | ||
to nonbinding arbitration in accordance with the rules of the | ||
American Arbitration Association. | ||
SECTION 10. Section 43.072(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) Annexation of area under this section is exempt from the | ||
provisions of this chapter that prohibit: | ||
(1) a municipality from annexing area outside its | ||
extraterritorial jurisdiction; or | ||
(2) [ |
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of a municipality without the written consent of the municipality's | ||
governing body. | ||
SECTION 11. Sections 43.0751(b), (d), and (h), Local | ||
Government Code, are amended to read as follows: | ||
(b) The governing bodies of a municipality and a district | ||
may negotiate and enter into a written strategic partnership | ||
agreement for the district by mutual consent. The governing body of | ||
a municipality, on written request from a district located in the | ||
municipality's extraterritorial jurisdiction [ |
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negotiate and enter into a written strategic partnership agreement | ||
with the district. [ |
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(d) Before the governing body of a municipality or a | ||
district adopts a strategic partnership agreement, it shall conduct | ||
two public hearings at which members of the public who wish to | ||
present testimony or evidence regarding the proposed agreement | ||
shall be given the opportunity to do so. Notice of public hearings | ||
conducted by the governing body of a municipality under this | ||
subsection shall be published in a newspaper of general circulation | ||
in the municipality and in the district[ |
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least once on or after the 20th day before the [ |
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hearing. The notice may not be smaller than one-quarter page of a | ||
standard-size or tabloid-size newspaper, and the headline on the | ||
notice must be in 18-point or larger type. Notice of public | ||
hearings conducted by the governing body of a district under this | ||
subsection shall be given in accordance with the district's | ||
notification procedures for other matters of public importance. | ||
Any notice of a public hearing conducted under this subsection | ||
shall contain a statement of the purpose of the hearing, the date, | ||
time, and place of the hearing, and the location where copies of the | ||
proposed agreement may be obtained prior to the hearing. The | ||
governing bodies of a municipality and a district may conduct joint | ||
public hearings under this subsection, provided that at least one | ||
public hearing is conducted within the district. | ||
(h) On the full-purpose annexation conversion date set | ||
forth in the strategic partnership agreement pursuant to Subsection | ||
(f)(5) [ |
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district shall be deemed to be within the full-purpose boundary | ||
limits of the municipality without the need for further action by | ||
the governing body of the municipality. The full-purpose | ||
annexation conversion date established by a strategic partnership | ||
agreement may be altered only by mutual agreement of the district | ||
and the municipality. However, nothing herein shall prevent the | ||
municipality from terminating the agreement and instituting | ||
proceedings to annex the district, on request by the governing body | ||
of the district, on any date prior to the full-purpose annexation | ||
conversion date established by the strategic partnership | ||
agreement. [ |
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SECTION 12. Section 43.07515(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality may not regulate under Section 43.0751 | ||
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outside of the municipality's boundaries. | ||
SECTION 13. Section 43.102(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) The municipality may annex the area even if the area is | ||
outside the municipality's extraterritorial jurisdiction or[ |
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in another municipality's extraterritorial jurisdiction[ |
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SECTION 14. Section 43.1025(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Annexation of the [ |
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municipality in whose extraterritorial jurisdiction the area may be | ||
located: | ||
(1) consents to the annexation; and | ||
(2) reduces its extraterritorial jurisdiction over | ||
the area as provided by Section 42.023. | ||
SECTION 15. Subchapter F, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.1211 to read as follows: | ||
Sec. 43.1211. APPLICABILITY. This subchapter applies to an | ||
area that was annexed for a limited purpose as authorized before | ||
September 1, 2015. | ||
SECTION 16. Section 43.127(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) On [ |
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before the date prescribed by the regulatory plan prepared for the | ||
limited purpose area [ |
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municipality must annex the area for full purposes. [ |
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SECTION 17. Sections 43.141(a) and (b), Local Government | ||
Code, are amended to read as follows: | ||
(a) A majority of the qualified voters of an annexed area | ||
may petition the governing body of the municipality to disannex the | ||
area if the municipality fails or refuses to provide services or to | ||
cause services to be provided to the area [ |
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(b) If the governing body fails or refuses to disannex the | ||
area within 60 days after the date of the receipt of the petition, | ||
any one or more of the signers of the petition may bring a cause of | ||
action in a district court of the county in which the area is | ||
principally located to request that the area be disannexed. On the | ||
filing of an answer by the governing body, and on application of | ||
either party, the case shall be advanced and heard without further | ||
delay in accordance with the Texas Rules of Civil Procedure. The | ||
district court shall enter an order disannexing the area if the | ||
court finds that a valid petition was filed with the municipality | ||
and that the municipality failed to perform [ |
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faith. | ||
SECTION 18. Section 43.201(2), Local Government Code, is | ||
amended to read as follows: | ||
(2) "Limited-purpose annexation" means annexation | ||
authorized under former Section 43.121, as that section existed on | ||
January 1, 2015. | ||
SECTION 19. Section 43.203(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) This section applies only to the [ |
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a district that by resolution petitioned [ |
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municipality to alter the annexation status of land in the district | ||
from full-purpose annexation to limited-purpose annexation and | ||
before September 1, 2015: | ||
(1) entered into an agreement to alter the status of | ||
annexation as provided by this section; or | ||
(2) had its status automatically altered by operation | ||
of Subsection (c). | ||
SECTION 20. Section 43.905(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality that proposes to annex an area shall | ||
provide written notice of the proposed annexation to each public | ||
school district located in the area proposed for annexation within | ||
the period prescribed for publishing the notice of the first | ||
hearing under Section 43.0212, 43.0514, [ |
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SECTION 21. Section 775.0754(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A municipality that enters into an agreement under this | ||
section is not required to provide emergency services in that | ||
annexed territory. To the extent of a conflict between this | ||
subsection and [ |
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other law, this subsection controls. | ||
SECTION 22. (a) Sections 42.0411, 43.021, 43.022, 43.023, | ||
43.024, 43.025, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036, | ||
43.052, 43.053, 43.054, 43.0545, 43.0546, 43.055, 43.056, 43.0561, | ||
43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061, | ||
43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c), | ||
(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o), 43.0752, | ||
43.101(c) and (d), 43.102(c), 43.1025(e) and (g), 43.103, 43.105, | ||
43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129, 43.131, | ||
43.132, and 43.147, Local Government Code, are repealed. | ||
(b) Subchapter Y, Chapter 43, Local Government Code, is | ||
repealed. | ||
(c) Sections 8374.252(a), 8375.252(a), 8376.252(a), | ||
8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a), | ||
8385.252(a), and 8477.302(a), Special District Local Laws Code, are | ||
repealed. | ||
SECTION 23. The changes in law made by this Act do not apply | ||
to an annexation for which the first hearing notice required by | ||
former Section 43.0561 or 43.063, Local Government Code, as | ||
applicable, was published before the effective date of this Act. An | ||
annexation described by this section is governed by the law in | ||
effect at the time the notice was published, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 24. This Act takes effect September 1, 2015. |