Sec. 6 (S.B. (n) This subsection applies only to a municipality any portion of which is located in a county that has a population of not less than 285,000 and not more than 300,000 and that borders the Gulf of Mexico and is adjacent to a county with a population of more than 3.3 million. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. 2.17, eff. 43.081. December 1, 2017. December 1, 2017. DISANNEXATION FROM DEFUNDING MUNICIPALITY. 2.13, eff. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. 43.07515. 1, eff. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. unitary. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. <>>>
(j) Promptly after the board of directors declares the result of the election: (1) the board shall mail or deliver a certified copy of the resolution declaring the result of the election to the mayor and the secretary of each of the two affected municipalities; and. 6), Sec. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 43.0696. December 1, 2017. 43.080. <>
Sec. (l) A service plan is valid for 10 years. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. Cool. House Bill 347, related to ending forced annexation in Texas, became . Acts 2019, 86th Leg., R.S., Ch. Sec. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. 1, Sec. May 24, 2019. 8, eff. 1, eff. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. (C) the annexed area does not exceed 525 feet in width at its widest point; (2) a water or sewer district that has a noncontiguous part that is not within the extraterritorial jurisdiction of the municipality; or. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. December 1, 2017. 1, eff. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. 1, eff. endobj
If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. Sec. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The contract or agreement may contain other terms considered appropriate by the parties. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. Sept. 1, 1989. (c) Before the second anniversary of the effective date of the annexation of an area, a municipality may not: Added by Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. 81, eff. Amended by Acts 1989, 71st Leg., ch. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. (3) specify the financial obligations of the district during and after the period of limited-purpose annexation for: (A) facilities constructed by the municipality that are in or that serve the district; (B) debt incurred by the district for water and sewer infrastructure that will be assumed by the municipality at the end of the period of limited-purpose annexation; and. June 14, 2021. (i) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government, the district is dissolved and the governing body of the district will serve as the temporary governing body of the municipality or alternate form of local government until a permanent governing body is elected as provided by Subsection (j). (s) Notwithstanding any other law other than Section 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 do not apply to the annexation of an area under this section. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. 149, Sec. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. (2) the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial jurisdiction. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). 8, eff. Galveston County Tax Annex in League City. 1, Sec. 39, eff. The revenue refunding bonds and the general obligation refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. 6), Sec. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Added by Acts 2017, 85th Leg., 1st C.S., Ch. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails. 3.01, eff. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. Sec. Acts 1987, 70th Leg., ch. (11) any other term to which the parties agree. Sec. September 1, 2019. 43.0687. 1, eff. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. Any notice of a public hearing conducted under this subsection shall contain a statement of the purpose of the hearing, the date, time, and place of the hearing, and the location where copies of the proposed agreement may be obtained prior to the hearing. 1185 (H.B. December 1, 2017. <>
An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 43.076. (2) contiguous to the corporate boundaries of the municipality or an area annexed by the municipality for limited purposes, unless the district consents to noncontiguous annexation under a strategic partnership agreement with the municipality. 6 (S.B. In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. Acts 2019, 86th Leg., R.S., Ch. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 1468), Sec. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. (2) may adopt an ordinance annexing the area. 1, eff. 664, Sec. Notwithstanding any other law, a municipality may by ordinance annex 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 under the procedures prescribed by Subchapter C-1. Sec. 41, eff. Added by Acts 1999, 76th Leg., ch. Sec. 3, eff. Amended by Acts 1989, 71st Leg., ch. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. 1163 (H.B. Amended by Acts 1989, 71st Leg., ch. (d) The petition for disannexation must: (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and. June 15, 2007. 347), Sec. 4, eff. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. 1, eff. In this chapter: (1) "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. Sec. Acts 2007, 80th Leg., R.S., Ch. 6), Sec. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. 6), Sec. Acts 2009, 81st Leg., R.S., Ch. (f-1) In addition to the notice provided under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall give written notice as provided by this subsection to each property owner in any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. Added by Acts 1989, 71st Leg., ch. June 18, 1999. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. Acts 1987, 70th Leg., ch. The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. 43.147. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. (3) a part of a special utility district created or operating under Chapter 65, Water Code. 80, eff. If an area is disannexed, the area may not be annexed again by the municipality for five years. 1, eff. (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. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. 1, eff. Sept. 1, 1999. (b) A municipality is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (c). 155 (H.B. Amended by Acts 1997, 75th Leg., ch. 1, eff. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and 149, Sec. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. BUTLER, Anthony. (b) The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. (e) The signatures to the petition need not be appended to one paper. Sec. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). 3(i), eff. 155 (H.B. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. December 1, 2017. 6), Sec. December 1, 2017. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. 6 (S.B. 155 (H.B. 1900), Sec. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. (c) A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter. WIDTH REQUIREMENTS. %
The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage. 2, eff. 43.905 by Acts 2001, 77th Leg., ch. 43.004. (4) "Planned community" means a planned community of 20 square miles or more with a population of 50,000 or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 43.132. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. Additional Info. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. 35, eff. 149, Sec. 2, eff. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. 1, see other Sec. 4059), Sec. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. This building is needed to mobilize any unit in a city. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. 3(k), eff. 1, Sec. Sept. 1, 2003. 5, eff. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. 43.903. Acts 2019, 86th Leg., R.S., Ch. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 199 (H.B. ADOPTION OF REGULATORY PLAN. TITLE 2. 1, eff. At the hearing, the municipality shall hear and consider the appropriateness of the application of rural and urban ordinances in the area to be annexed for limited purposes. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. 6 (S.B. 1, eff. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. Added by Acts 1989, 71st Leg., ch. Matthew Choi, Texas Tribune. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. (b) To the extent of a conflict with any other law, this section controls. In addition, general law cities may annex inhabited areas if the majority of the qualified voters of the area are in favor of becoming part of the city. 1, Sec. 29, Sec. 1064, Sec. 6), Sec. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. MUNICIPAL INCORPORATION IN ANNEXED AREA. May 24, 2019. Either the municipality or developer may, by written notice to the other party, require disputes regarding the amount owed under this section to be subject to nonbinding arbitration in accordance with the rules of the American Arbitration Association. Chapter 1207, Government Code area by purchase, condemnation, or gift in municipality liabilities as provided Subsection. 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