ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. 4, eff. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. 401, Sec. 1, Sec. December 1, 2017. Sec. Land Records Management Program . 1, eff. Acts 2017, 85th Leg., 1st C.S., Ch. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Aug. 28, 1989. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. 155 (H.B. 597, Sec. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. 2.07, eff. 11 0 obj
Sept. 1, 1995. 1, Sec. Added by Acts 1999, 76th Leg., ch. 43.129. (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. Technological Hazards. June 18, 2003. 55(a), eff. If a state law prescribing uniform election dates is not in effect on the date of the order, the board shall set the election for a date that falls on or after the 30th day but before the 60th day after the date of the order. Added by Acts 1997, 75th Leg., ch. (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). 6 (S.B. 1, eff. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). May 24, 2019. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1997, 75th Leg., ch. (3) exchange area with other municipalities. <>
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. Sec. EFFECT ON OTHER LAW. Sec. 6 (S.B. 2.01, eff. Acts 2019, 86th Leg., R.S., Ch. 692 (H.B. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. Geographic i. (Name of City/County 1) is the fifth largest (City/County) in the state. On April 21, 2022 Council approved: Case C7a-2022-0003, Texas Children's annexation area (approximately 24.2 acres), located in Travis County near 13217 Old San Antonio Rd. 610), Sec. New law forces city's hand Mesquite officials. Acts 2019, 86th Leg., R.S., Ch. 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. 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. (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. 14, eff. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. Under the bill, if a city funds its police department at a level lower than it has for the past two fiscal years it loses its right to raise property taxes more than it did the year before. 3, eff. Annexation Information. 1.01(12), eff. endobj
(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. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. May 3, 2005. 1167, Sec. 149, Sec. September 1, 2009. Sec. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. (a) The governing body of a municipality must conduct an initial public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0692. The municipality may perform all other municipal functions that the municipality is authorized to perform and that the district is not engaged in performing nor authorized to perform. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) (e) The municipality shall have no responsibility to reimburse the developer of the district or its successors for more than reasonable and actual engineering and construction costs to design and build internal water treatment and distribution facilities, wastewater treatment and collection facilities, or drainage facilities, whether temporary or permanent, installed after September 1, 1995. 2726), Sec. (m) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government in a designated area of the district and if, on the date of the election approving the form of local government, the district owes any debts, by bond or otherwise, the designated area is not released from its pro rata share of the indebtedness. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. How does land annexation begin? Added by Acts 1989, 71st Leg., ch. (2) may adopt an ordinance annexing the area. 149, Sec. (b) A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. 504 N Queen Street Palestine, TX 75801. 29, Sec. (a) A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. 43.203. Acts 2017, 85th Leg., 1st C.S., Ch. (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. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 347), Sec. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. Sec. (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. "mC:EqW|9JSG~P~Vr]q||(p\nwK7+02P-naPw\Bq:&yTdt'#3 *eR 0LF%%`
N(OJ0dI\I9}5CRd;+p The amount of such costs, as estimated by the district, shall be escrowed by the municipality for the benefit of the persons entitled to receive payment in an insured interest-bearing account with a financial institution authorized to do business in the state. RESULTS OF PETITION. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. Sec. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. (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. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (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. 43.124. 4257), Sec. 13.12, eff. Sec. Dan.Borgeson@tdem.texas.gov (512) 424-0002. 1, eff. Added by Acts 1999, 76th Leg., ch. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). Mazey. 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. Sept. 1, 1987. 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. (e) This subsection applies only to a home-rule municipality. 43.121. 1303), Sec. 1338), Sec. 1.01, 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. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. 6), Sec. 1468), Sec. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 43.0681. The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. 43.0117. Sec. 43.0672. (b) The governing body of the smaller municipality may adopt an ordinance ordering an election on the question of consenting to the annexation of the smaller municipality by the larger municipality. Sept. 1, 1999. Amended by Acts 1997, 75th Leg., ch. 2015-2017 Annexation Map. 43.902. Sept. 1, 1999. Sec. 43.0545. December 1, 2017. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. endobj
Amended by Acts 1989, 71st Leg., ch. September 1, 2019. June 18, 2003; Acts 2003, 78th Leg., ch. If the governing body fails to adopt the ordinance, the duties and the assumption automatically take effect on the 91st day after the date the area becomes a part of the municipality. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. (e) The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 6 0 obj
2.08, eff. 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. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. 149, Sec. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. Acts 2019, 86th Leg., R.S., Ch. 50 qualified voters in a general law city)-Washington (qualified voters in city equal to 10%+ of the number of votes cast in the last general election) 6. . 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. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (S.B. 2, 3, 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. 155 (H.B. 149, Sec. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. 6), Sec. December 1, 2017. 43.016. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Acts 2019, 86th Leg., R.S., Ch. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. 36, eff. Any obligation to reimburse the developer may be paid in installments over a three-year period. 31, eff. 16, eff. Sec. 1, eff. 43.052. Amended by Acts 1999, 76th Leg., ch. (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. 43.07515. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. (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. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. 536), Sec. However, the failure to complete the annexation as provided by this subsection does not prevent the smaller municipality from holding a new election on the question to enable the larger municipality to annex the smaller municipality as provided by this section. 248, Sec. Renumbered from Sec. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. The law still allows for annexation at the request of a property owner. (2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 43.0561. Sept. 1, 2001. 175 (H.B. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 1468), Sec. Aug. 28, 1989. (e) Signatures collected on the petition must be in writing. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. 6), Sec. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. endobj
7, eff. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. 43.0688. (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. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. June 15, 2007. The board also shall perform the duties and other functions that are imposed by law or by contract on the abolished district and its governing board and that relate to the outstanding revenue bonds. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. 5, eff. December 1, 2017. (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. September 1, 2019. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. Sec. Sec. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 1.01, eff. 4.011, eff. If the ordinance ordering the election is to be adopted as a result of a petition, the ordinance shall be adopted within 30 days after the date the petition is received. Sec. December 1, 2017. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. (11) any other term to which the parties agree. December 1, 2017. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 218, Sec. (2) if the consent of the owners of land in the area is required under Section 43.0695, the 78th day after the date the petition period to obtain that consent ends. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. 8, eff. 16 0 obj
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For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. December 1, 2017. December 1, 2017. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. 43.0715. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. 43.064. 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. Sept. 1, 1999. 155 (H.B. December 1, 2017. 1076 (S.B. (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. 3(k), eff. (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). Read more. 3(i), eff. PERIOD FOR COMPLETION OF ANNEXATION. 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