Texas Local Government Code 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.
Terms Used In Texas Local Government Code 43.1055
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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) § 43.054 does not apply to the annexation of a right-of-way under this section.
(f) Notwithstanding § 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.