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IN HB1403
Bill
Status
1/14/2019
Primary Sponsor
Jeff Ellington
Click for details
AI Summary
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After June 30, 2019, annexations may only be initiated through petition signed by 100% of affected property owners, or by a municipality with 100% owner consent for contiguous territory, or for noncontiguous territory containing municipally-owned facilities
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Eliminates the remonstrance process for annexations adopted after June 30, 2019, including provisions for property owner remonstrances, reimbursement of remonstrators' attorney fees (previously capped at $37,500), and municipal outreach programs
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Existing waivers of the right to remonstrate remain valid only for annexation ordinances adopted before July 1, 2019, effectively nullifying such waivers for future annexations
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Settlement agreements in lieu of annexation executed after July 1, 2019, are declared void
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Consent to annexation must be written, signed, notarized, and specific to the annexation ordinance; consent expires after one year or when the municipality withdraws/amends the ordinance, whichever is earlier
Legislative Description
Annexation. Provides that after June 30, 2019, an annexation may be initiated only as follows: (1) By a petition requesting annexation that is signed by 100% of the affected property owners. (2) By a municipality, if the territory is contiguous and 100% of the affected property owners consent to the annexation. (3) By a municipality, if the territory is noncontiguous and contains certain facilities that are owned or operated by the municipality or owned by a property owner that consents to the annexation. Establishes requirements for a property owner to consent to an annexation. Provides that the following provisions do not apply to an annexation for which an ordinance is adopted after June 30, 2019: (1) Annexation remonstrances. (2) Reimbursement of remonstrators' attorney's fees and costs. (3) Municipal outreach programs. (4) Annexations requested by petition of at least 51% of property owners. Provides that a settlement agreement in lieu of annexation that is executed after June 30, 2019, is void. Eliminates provisions regarding the contiguity of a public highway.
Last Action
First reading: referred to Committee on Government and Regulatory Reform
1/14/2019