Tex.
Local Gov't Code 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 (Width Requirements) does not apply to the annexation of a right-of-way under this section.(f)
Notwithstanding Section 42.021 (Extent of Extraterritorial Jurisdiction), the annexation of a road right-of-way described by Subsection (b)(2)(B) does not expand the annexing municipality’s extraterritorial jurisdiction.
Source:
Section 43.1055 — Annexation of Road Rights-of-way on Request or Without Objection of Owner or Maintaining Political Subdivision, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.43.htm#43.1055 (accessed Jun. 5, 2024).
