Tex. Local Government Code § 43.1055
This is the official text of Tex. Local Government Code § 43.1055, part of Texas’s Local Government Code — governs the powers and operations of Texas cities and counties.
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§ 43.1055. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.
Official statutory text
(a) Notwithstanding any other law, a municipality may by ordinance annex under the procedures prescribed by Subchapter C-1:
(1) a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way; or
(2) a road right-of-way described by Subsection (b).
(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.
(1) a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way; or
(2) a road right-of-way described by Subsection (b).
(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.
Status: in_force · Read it on the official government site
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