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If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose. 12.102, eff. 6 (S.B. December 1, 2017. CONSENSUAL ANNEXATION. If, on the date the election order is adopted, the general-law municipality has instituted but not completed proceedings to annex area in the district, the general-law municipality may complete the annexation while the election is pending. 4257), Sec. 297, Sec. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. 692 (H.B. 6), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 401, Sec. Sec. 1420, Sec. 103 (S.B. (2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 or the resolution under Section 43.0682 or 43.0692, as applicable. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. 1339, Sec. 2.01. (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. (2) follow the course of the road or highway. 55(b), eff. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. Acts 2007, 80th Leg., R.S., Ch. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. 43.0754. 2, eff. 43.902. Sept. 1, 1989. 43.130. Amended by Acts 1997, 75th Leg., ch. 4, eff. Reforming the annexation process Sec. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. endobj The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. May 25, 2007. 43.057. When faced with budgetary problems an urban government in a state that permits forcible annexation has certain choices: 1) reduce spending, 2) raise taxes, or 3) add high-value property to its boundaries. Acts 2007, 80th Leg., R.S., Ch. 1, eff. June 10, 2019. (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. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. Useful 2. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. 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 . 347), Sec. 199 (H.B. 155 (H.B. June 10, 2019. 6 (S.B. Sec. (c) The bonds must be authorized by ordinance of the governing body of the municipality. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. RESOLUTION. (h) On the full-purpose annexation conversion date set forth in the strategic partnership agreement pursuant to Subsection (f)(5), the land included within the boundaries of the district shall be deemed to be within the full-purpose boundary limits of the municipality without the need for further action by the governing body of the municipality. 43.064. Related Pages. 8 0 obj Sec. Acts 2019, 86th Leg., R.S., Ch. 4, eff. May 29, 1999. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 941 (H.B. 347), Sec. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. (3) all the area of the district is annexed. (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054. (c) Notwithstanding Section 43.0685(e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. September 1, 2009. 2, eff. North Carolina Secretary of State . Sec. (h) Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area petition the governing body for the change in status; and. (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. 155 (H.B. 347), Sec. (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. 55(b), eff. Phone: 281-341-3710 832-471-1809: Address: 307 Texas Parkway, Ste 113, Missouri City, Texas 77489-1151 Office Hours: Monday - Friday 8:00 AM - 4:00PM . (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). May 24, 2019. 2.05, eff. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. (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. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. Sept. 1, 2001. 2.14, eff. Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 347), Sec. 4059), Sec. Sept. 1, 1999. Added by Acts 1999, 76th Leg., ch. 1468), Sec. 347), Sec. Amended by Acts 1989, 71st Leg., ch. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. 1.07, eff. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. (g) If only part of the area in the district becomes a part of the municipality, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. Acts 2019, 86th Leg., R.S., Ch. 347), Sec. A road sign outside of Mesquite city limits in Dallas County. 6), Sec. June 17, 1995; Acts 1999, 76th Leg., ch. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. 1, eff. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. 347), 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. 1, eff. 30, eff. 6), Sec. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. 1, eff. 43.0715. (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. 3(k), eff. 4 0 obj 6 (S.B. 669, Sec. 5, eff. This section does not affect the authority of a municipality to issue bonds for other purposes. 734), Sec. (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. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 43.148. 1.01(17), eff. (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or. 2.13, eff. 55(a), eff. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. 43.907. 2, eff. 6), Sec. 35, eff. (f-2) In addition to the notice requirements 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 create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. 6 (S.B. 1217 (S.B. (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. Acts 2019, 86th Leg., R.S., Ch. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. 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. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. May 24, 2019. Acts 1987, 70th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 610), Sec. Sept. 1, 1999. Sec. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. Sept. 1, 2001. Added by Acts 1999, 76th Leg., ch. Exercise. 4, eff. (b) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that: (1) was annexed before September 1, 1999; and. (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). 2.15, eff. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. (c) Notwithstanding any other law, including laws prescribing population or territorial requirements for incorporation under Section 5.901, 6.001, 7.001, or 8.001, the governing body of a district may order an election as provided by this subsection to be held on a uniform election date prescribed by Section 41.001, Election Code. 1, eff. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. Sept. 1, 1999; Acts 1999, 76th Leg., ch. The annexation may include any unincorporated area located in the proximity of the airport. Sec. The municipality shall perform the services and other functions that were performed by the district. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. 1052 (H.B. Acts 2017, 85th Leg., 1st C.S., Ch. 6), Sec. 1, eff. (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. Acts 2009, 81st Leg., R.S., Ch. (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. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. 43.0561. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. Parts of The Woodlands were also built within the extra . Sec. 347), Sec. 149, Sec. AUTHORITY TO ANNEX. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. Added by Acts 1995, 74th Leg., ch. 43.054. Sept. 1, 1987. 822, Sec. Added by Acts 1999, 76th Leg., ch. (e) A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). Sec. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. (c) A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. DEFINITIONS. Sec. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. 43.055. 1076 (S.B. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). 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