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Texas Local Government Code

§ 43.002 — CONTINUATION OF LAND USE

LG § 43.002Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 43. MUNICIPAL ANNEXATION · Art. A. GENERAL PROVISIONS

Statute text

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(a)A municipality may not, after annexing an area, prohibit a person from:
(1)continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or
(2)beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if:
(A)one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and
(B)a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.
(b)For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant.

Legislative history

Acts 2005, 79th Leg., Ch. 18 (S.B. 734), Sec. 3, eff. May 3, 2005. Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 2, eff. December 1, 2017.