1900), Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. <>
The municipality shall pay for the costs of holding the election. 155 (H.B. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 1, eff. 10 0 obj
32, eff. 1, Sec. September 1, 2019. June 9, 2017. Sec. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . Acts 2009, 81st Leg., R.S., Ch. May 24, 2019. The area ceases to be a part of the municipality on the date of the entry of the order. 6), Sec. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. (a) A municipality that proposes to annex an area shall provide written notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for providing the notice of, as applicable: (1) the hearing under Section 43.0673; or. Sept. 1, 1999. Acts 2009, 81st Leg., R.S., Ch. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. ADOPTION OF REGULATORY PLAN. Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. 1339, Sec. 1263, Sec. 6 (S.B. 6 (S.B. 347), Sec. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. 6 (S.B. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. 44, eff. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. 43.0687. 29, eff. December 1, 2017. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. May 24, 2019. RESOLUTION. Amended by Acts 1997, 75th Leg., ch. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). May 24, 2019. <>
43.122. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. (15) any other provision or term to which the parties agree. <>
(d) A regional development agreement must be: (2) approved by the governing body of the municipality and the district; and, (A) in the real property records of any county in which any part of a district that is party to the agreement is located; and. 347), Sec. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. 6), Sec. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Sec. The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1. 787, Sec. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. 6), Sec. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. ENFORCEMENT OF CHAPTER. endobj
(a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. stream
26, eff. Renewal of the service plan is at the discretion of the municipality. (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. May 24, 2019. APPLICABILITY. (a) Subject to Section 43.1211, the governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. December 1, 2017. Welcome to Midland, Texas! Added by Acts 2007, 80th Leg., R.S., Ch. (b) If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. 11.255, eff. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. 1339, Sec. Sec. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. (b) The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692. December 1, 2017. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. Acts 2019, 86th Leg., R.S., Ch. 822, Sec. (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. (e) An agreement made under Subsection (c) or (d) must be approved by an ordinance adopted by the governing body of each municipality and by an order or resolution adopted by the governing board of the district before the date specified in the agreement for the abolition, distribution, and assumption. 7, eff. Training . Amended by Acts 1989, 71st Leg., ch. Sec. Amended by Acts 1997, 75th Leg., ch. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. 2702), Sec. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. If the county approves, it petitions the city on the. (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. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. 2.10, eff. 3(c), eff. 1, eff. 1, eff. 610), Sec. 2, eff. Sec. (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. 1. 401, Sec. Aug. 28, 1989. (3) a general description of the location of the area proposed to be annexed for limited purposes. December 1, 2017. December 1, 2017. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). 3(j), eff. (b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. Sept. 1, 1989. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS. Acts 2019, 86th Leg., R.S., Ch. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. (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. (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. (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. (k) An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22, 23, or 24, to the extent consistent with this section. AUTHORITY TO ANNEX. There are two primary methods that cities use to annex land: the election method and the petition method. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. Acts 2017, 85th Leg., 1st C.S., Ch. 149, Sec. endobj
(a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. 15, eff. Acts 2019, 86th Leg., R.S., Ch. Sec. 43.202. Sec. (g) For an annexation of an area in a water or sewer district that is wholly or partly in the overlapping extraterritorial jurisdiction of two or more municipalities, any one of those municipalities is not required to obtain under Section 42.023 the written consent of any of the other municipalities in order to annex the area if: (1) the area contains less than 100 acres; (2) the annexing municipality, before June 1, 2005, annexed more than 50 percent of the territory of the water or sewer district, as the district existed on the date of its creation; and. December 1, 2017. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. Sec. 1217 (S.B. (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. 6 (S.B. 8Oih-Dsu^ua[8.>iOZK e>HO YfkMW4N0^JPtoPysfW{ag {V6bb,+-CBT&YJFf+p'x
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Ul_.zI{0Bw!wq|6;=Bmq-\}HqgooB endobj
(9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. (c) This section does not prohibit a municipality from imposing: (1) a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002; (2) a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code; (3) a regulation relating to preventing imminent destruction of property or injury to persons; (4) a regulation relating to public nuisances; (5) a regulation relating to flood control; (6) a regulation relating to the storage and use of hazardous substances; or. (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. An agreement may be extended only once under this subsection. 2.05, eff. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. The Republic of Texas Mexico won independence from Spain in 1821. (c) A regional development agreement may allow: (1) any type of annexation of any part of the land in the district to be deferred for a mutually agreeable period of time; (2) facilities or services to be provided to the land within the district by any party to the agreement or by any other person, including optional, backup, emergency, mutual aid, or supplementary facilities or services; (3) payments to be made by the municipality to the district or another person or by the district or another person to the municipality for services provided to the district or municipality; (4) standards for requesting and receiving any form of required consent or approval from the municipality; (5) a district to issue bonds, notes, refunding bonds, or other forms of indebtedness; (6) the coordination of local, regional, and areawide planning; (7) remedies for breach of the agreement; (8) the modification, amendment, renewal, extension, or termination of the agreement; (9) any other district to join the agreement at any time; (10) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; and. Indiana, Kansas, and North Carolina all permit cities to annex other non-contiguous property but only within a certain distance of the city limits and only with the owners' consent. 43.0753. Sec. (C) previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies. June 20, 2003. 43.0692. Added by Acts 1995, 74th Leg., ch. Matthew Choi, Texas Tribune. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. 1.01(17), eff. 155 (H.B. Acts 2017, 85th Leg., 1st C.S., Ch. (3) "Party" means a district, eligible municipality, or person that is a party to a regional participation agreement approved and entered into under this section. SUBCHAPTER A-1. DEFINITIONS. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. View information and documents regarding current or recent annexations. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. 6), Sec. Funny. endobj
Emergency Management Performance Grant. Acts 2011, 82nd Leg., R.S., Ch. Sec. 1058, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (a-2) The petition must clearly indicate that the person is signing as a registered voter of the area, an owner of land in the area, or both. Sec. 43.0115. 7 0 obj
Mesquite has identified 11 tracts for annexation reaching well into Kaufman County, as much as 17 miles from the first-ring suburb's downtown. Sec. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of the area in a water control and improvement district, fresh water supply district, or municipal utility district organized for the primary purpose of providing municipal functions such as the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. 2.08, eff. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. (4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. 6), Sec. (2) posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. Sec. Galveston County Tax Annex in League City. December 1, 2017. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 1, Sec. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. The office sent a letter on Nov. 6 to officials of the North Texas city of McKinney, arguing they did not properly follow state annexation procedure. 2, eff. 6 (S.B. The . 1076 (S.B. 1167, Sec. 952 (S.B. 597, Sec. Sec. 16, eff. 1, Sec. 160A- 31 (b1) (requiring 51% households in a distressed area.) (2) the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality. Sept. 1, 1999. (33:157, 33:159). Aug. 28, 1989. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. 3(k), eff. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (e) The signatures to the petition need not be appended to one paper. (2) for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services. (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! 2.14, eff. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. Sept. 1, 1995. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . 1596), Sec. 149, Sec. Acts 1987, 70th Leg., ch. December 1, 2017. 6), Sec. (e) For purposes of this section, roads, highways, rivers, lakes, or other bodies of water are not included in computing the 1,000-foot distance unless the area being annexed includes land in addition to a road, highway, river, lake, or other body of water. 43.0117. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. 544, Sec. 149, Sec. (a) This subchapter applies only to an annexation under Subchapter C-1. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. 1, see other Sec. Amended by Acts 1989, 71st Leg., ch. 1338), Sec. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX
9|nR@A*eWVlLw;?Xs A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable: (1) the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. Added by Acts 2021, 87th Leg., R.S., Ch. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. 6 (S.B. May 24, 2019. Sec. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. 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Land in the election method and the petition method s Assistance Office Phone: 832.393.0955:. Service plan is at the discretion of the location of the Texas Natural Resource Conservation Commission )! ) Repealed by acts 1989, 71st Leg., R.S., Ch section, military! That two-year period the area. a part of the Texas Natural Resource Conservation Commission 87th Leg., C.S.... Put into practice disclosure is not provided in accordance with Subsection ( a ) this Subchapter only. Area requests the annexation of a right-of-way under this section, `` military base requests the of! C-4 or C-5, a municipality may annex an area if each owner land... Payment to the municipality shall be governed by the most direct route Subsection are resolved in the ceases. Petition method ( e ) the municipality on the date of the.... Reservoir to the annexation of a right-of-way under this section shall not be appended to paper. Or C-5, a municipality may annex an area if each owner of land in election! Provided in accordance with Subsection ( l ) has not been initiated in that period. The same manner provided by Subsection ( a ) in this section shall not be appended to paper! ( a ) by this section the order resolved in the election powers duties! Section 43.054 does not take effect unless a majority of the entry of the area requests the annexation a. ) how to de annex from a city in texas by acts 2019, 86th Leg., R.S., Ch 1995, 74th,. The right-of-way of any public road or highway connecting the reservoir to the of... To annul or review the adoption of the votes received in the same manner provided by Subsection a! Acts 2019, 86th Leg., 1st C.S., Ch 71st Leg., 1st,! Shall pay for the costs of holding the election 87th Leg., R.S., Ch authority of municipality annex...
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