Section 43.1055 - Annexation Of Road Rights-Of-Way On Request Or Without Objection Of Owner Or Maintaining Political Subdivision(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. Tex. Loc. Gov't. Code § 43.1055
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 121,Sec. 1, eff. 5/23/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 560,Sec. 1, eff. 6/14/2021.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 155,Sec. 2.14, eff. 5/24/2019.Added by Acts 2017SP1, 2017, ch. 6,Sec. 36, eff. 12/1/2017.