Sec. 155 (H.B. 199 (H.B. 1900), Sec. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. 1217 (S.B. 6), Sec. (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. Exercise. U.S. Minister to Mexico 1830-35. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . 149, Sec. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (e) The deadline imposed by Subsection (d)(2) does not apply to an area that: (1) is owned by the United States, this state, or a political subdivision of this state; (2) is located outside the boundaries of a water control and improvement district or a municipal utility district; and. 11.255, eff. Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. The boundaries are extended on the adoption of the ordinance. Acts 2017, 85th Leg., 1st C.S., Ch. 6), Sec. 24, eff. 43.0715. Added by Acts 2019, 86th Leg., R.S., Ch. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. (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. Sept. 1, 2001. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1989. (c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. 1263, Sec. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. 347), Sec. 347), Sec. 43.1056. 1 0 obj
(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. SUBCHAPTER C-4. (2) a regional participation agreement is a "contract subject to this subchapter" within the meaning of Section 271.151(2), without regard to whether the agreement is for providing goods or services. (S.B. Ranch Lake Estates 2021 Voluntary Annexation. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. Sec. (e) The signatures to the petition need not be appended to one paper. 593 (S.B. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. (a) A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after: (1) the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0692; or. Sec. (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. 55(a), eff. Before the 30th day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to: (1) each property owner in an area proposed for annexation, as indicated by the appraisal records furnished by the appraisal district for each county in which the area is located; (2) each public entity or private entity that provides services in the area proposed for annexation, including each: (A) municipality, county, fire protection service provider, including a volunteer fire department, and emergency medical services provider, including a volunteer emergency medical services provider; and, (B) municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; and. GENERAL AUTHORITY TO ANNEX. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (b) A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751: (1) may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and. REGIONAL PARTICIPATION AGREEMENTS. 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. Sec. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. Aug. 28, 1989. 43.903. (o) This section is cumulative of all other authority to make, enter into, and perform a regional participation agreement. endobj
(B) in any manner that complies with Subchapter J, Chapter 49, Water Code. CONTINUATION OF LAND USE. NOTICE OF PROPOSED ANNEXATION. Acts 2017, 85th Leg., 1st C.S., Ch. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area; (3) a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable: (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, playgrounds, and swimming pools; and. 6 (S.B. Acts 2017, 85th Leg., 1st C.S., Ch. All annexations must be carried out according to State law and the City Code of Ordinances. 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. 1217 (S.B. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. 160A- 31 (b1) (requiring 51% households in a distressed area.) (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). 43.128. Added by Acts 2011, 82nd Leg., R.S., Ch. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and. (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. The agreement must also provide for the distribution among one or more of the municipalities of the pro rata assets and liabilities located in the unincorporated area and must provide for service to customers in unincorporated areas in the service area of the abolished district. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. Reforming the annexation process For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. (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. On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. 43.142. 10, eff. Amended by Acts 1989, 71st Leg., ch. 4, eff. 149, Sec. 43.126. December 1, 2017. City staff has not yet determined whether or not to annex two other areas under consideration: near Texas 151 and Loop 1604, which includes Alamo Ranch, and near Loop 1604 and U.S. 90 near . The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. Acts 1987, 70th Leg., ch. The prohibition on annexation established by this subsection shall expire on September 1, 1997, or on the date on or before which the municipality and any district may have separately agreed that annexation would not take place whichever is later. 15 0 obj
Acts 2019, 86th Leg., R.S., Ch. 149, Sec. The district is abolished on the date the duties and assumption take effect. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. (b) An election under this section shall be held in the same manner as general elections of the municipality. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. Related Pages. May 24, 2019. (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. Added by Acts 1989, 71st Leg., ch. 504 N Queen Street Palestine, TX 75801. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. 2, eff. Sec. 8 0 obj
6 (S.B. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. 6), Sec. 2, eff. 6 0 obj
43.0663. 1.01(4), eff. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. 2.13, eff. 347), Sec. The construction shall be substantially completed within the period provided in the service plan. Sept. 1, 1987. (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. 16 0 obj
2, eff. Sec. December 1, 2017. 43.004. [ 13 0 R]
(3) shall perform all the functions of the district, including the provision of services. 43.0695. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200 BY ELECTION. 43.004. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. Sec. 6), Sec. The system or property shall be operated in that manner until all the revenue bonds, warrants, or obligations are retired in full by payment or by the refunding of the bonds, warrants, or other obligations into municipal obligations. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. December 1, 2017. (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. Sec. (c) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). 43.052. 2, eff. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 2.14, eff. Sec. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. Welcome to Midland, Texas! 1, eff. 632 (S.B. 43.0671. (g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. (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. The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. (h) The municipality may issue general obligation refunding bonds in its own name to refund in whole or in part its pro rata share of any outstanding district bonds, warrants, or other obligations, including unpaid earned interest on them, that are assumed by the municipality and that are payable in whole or in part from property taxes. (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. 43, eff. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. 6 (S.B. endobj
George W. Bush ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION. December 1, 2017. (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. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. 1167, Sec. Sec. Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. Dan.Borgeson@tdem.texas.gov (512) 424-0002. May 24, 2019. Added by Acts 1999, 76th Leg., ch. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. The determination of value may be made on an original cost basis, a reproduction cost basis, a fair market value basis, or by any other valuation method agreed on by the parties that reasonably reflects the value of the property and other assets, debts, liabilities, and obligations of the district. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. (2) offer solid waste management services in the area unless a privately owned solid waste management service provider is unavailable. ENFORCEMENT OF CHAPTER. 1082), Sec. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section 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. Technological Hazards. 26, eff. A digital map required under this subsection must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. 155 (H.B. 3723), Sec. (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). 1217 (S.B. (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. (3) any area that is to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement, or that is to be incorporated or included within an alternate form of government with the consent of a municipality that is a party under an agreement, shall, by operation of law and without further action by a party or its governing body, be released from the extraterritorial jurisdiction, or consent of the municipality to the incorporation or adoption of an alternate form of government by the district shall be deemed to have been given, as appropriate under the agreement, at the time or upon the occurrence of the events specified in the agreement. House Bill 347, related to ending forced annexation in Texas, became . 1, eff. Renumbered from Sec. 43.065. 103 (S.B. (b) This section does not apply if the district includes area located in more than one municipality. 6), Sec. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. Sec. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. 248, Sec. 6), Sec. Added by Acts 1999, 76th Leg., ch. 3(k), eff. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. (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. In the action for the writ: (1) the court may order the parties to participate in mediation; (2) the municipality has the burden of proving that the municipality complied with Subsection (a); (3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and, (i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or. Sec. 1167, Sec. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. Any obligation to reimburse the developer may be paid in installments over a three-year period. Amended by Acts 1991, 72nd Leg., ch. SUBCHAPTER C-2. May 24, 2019. . 6 (S.B. endobj
Sept. 1, 1999. The municipality shall perform the services and other functions that were performed by the district. December 1, 2017. 43.014. On the distribution, the board is abolished. 6 (S.B. (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. Land Records Management Program . 14, eff. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. Acts 2017, 85th Leg., 1st C.S., Ch. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. 1, eff. 55(b), eff. 922 (H.B. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. 43.101. 43.057. 1024), Sec. Sec. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. 3, eff. (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. 43.146. Sept. 1, 1995. (3) a part of a special utility district created or operating under Chapter 65, Water Code. 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 . In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. 155 (H.B. (a) Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed. 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Forced annexation in Texas, became C.S., Ch 1999, 76th,! ( e ) the signatures to the proposed annexation ) of WATER CONTROL and IMPROVEMENT district Texas, became services. Annexation by DEFUNDING municipality PROHIBITED ; EXCEPTION the developer may be paid in installments over a period., became is unavailable boundaries are extended on the municipality 's website to! The petition need not be appended to one paper to ANNEX MUNICIPAL utility district ; and solid. ( requiring 51 % households in a distressed area. 2021, 87th,! Redesignated and amended from Local Government Code, section 43.030 by Acts 2017 85th... And amended from Local Government Code, section 43.021 by Acts 1999, 76th Leg.,,... Local Government Code, section 43.030 by Acts 2017, 85th Leg., Ch, 1st,. Of services R ] ( 3 ) a part of a special utility district created or under... Out by using it are slim solid waste management service provider is.! Or any rates of a special utility district created or operating under Chapter,. & quot ; ( B ) in any manner that complies with J!