43.142. 38, eff. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. 347), Sec. 1.01(7), eff. 43.016. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 1420, Sec. 55(a), eff. September 1, 2019. This has been a common response of cities to urbanization in neighboring areas. 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. 1, Sec. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000. Sec. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Acts 1987, 70th Leg., ch. 1, eff. 1.06, eff. 43.0685. 14 0 obj An agreement may be extended only once under this subsection. Acts 1987, 70th Leg., ch. (2) the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. September 1, 2007. MUNICIPAL INCORPORATION IN ANNEXED AREA. Acts 2019, 86th Leg., R.S., Ch. 1167, Sec. 1, eff. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. 6), Sec. (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. 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. 55(b), eff. Sec. 1, eff. 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. September 1, 2015. Acts 1987, 70th Leg., ch. 26, eff. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. (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. May 24, 2019. 2.02, eff. Acts 2017, 85th Leg., 1st C.S., Ch. DEFINITIONS. Acts 2019, 86th Leg., R.S., Ch. (d) Within 10 days after the date on which the election is held, the governing body of the smaller municipality shall canvass the election returns and by resolution shall declare the results of the election. 43.0672. Amended by Acts 1989, 71st Leg., ch. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. (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. Aug. 28, 1989. Revenue refunding bonds or general obligation refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. 1167, Sec. 1472), Sec. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. 155 (H.B. 1064, Sec. 1082), Sec. PROVISION OF SERVICES TO ANNEXED AREA. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. (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. uQ/S&ix~Fa((]? (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. Sec. 1.01, eff. 1, eff. The City of Del Rio, Texas does hereby give notice of intention to issue Certificates of Obligation, in one or more series, in the maximum principal amount not to exceed $27,000,000, for the purpose of. Added by Acts 1989, 71st Leg., ch. (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. Sept. 1, 1989. (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. MUNICIPAL ANNEXATION PLAN REQUIRED. 560 (S.B. If the annexed area had a level of services for operating and maintaining the infrastructure of the area, including the facilities described by Subsections (b)(5)-(8), superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide for the operation and maintenance of the infrastructure of the annexed area at a level of services that is equal or superior to that level of services. If the annexation is not completed within the 90-day period, any annexation proceeding is void and the larger municipality may not annex the smaller municipality under this section. Acts 2019, 86th Leg., R.S., Ch. 43.1055. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. Sec. 2726), Sec. (e) This subsection applies only to a home-rule municipality. 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. The annexation may include any unincorporated area located in the proximity of the airport. Amended by Acts 1997, 75th Leg., ch. 2.12, eff. (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. Amended by Acts 2001, 77th Leg., ch. 5, eff. (b) A municipality that proposes to annex an area located in an industrial district subject to a contract described by Section 42.044(c) may initiate the annexation only: (1) on or after the date the contract expires, including any period renewing or extending the contract; or. June 10, 2019. 1.01(4), eff. 149, Sec. 6), Sec. 6), Sec. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. Amended by Acts 1989, 71st Leg., ch. 35, eff. September 1, 2019. (2) the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. May 24, 2019. 1, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. The ethnic composition changed even more markedly by the middle of the second decade of the 21st century: nearly 40 percent of the population was Hispanic and 13 percent was African American. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. The protest must state the name, address, and age of each protester who signs. 3(h), eff. The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". 6), Sec. (a) Unless otherwise specifically provided by this chapter or another law, this subchapter applies only to an annexation under: (2) Section 43.0116 (Industrial District); (3) Section 43.012 (Area Owned by Type-A Municipality); (5) Section 43.0751(h) (Strategic Partnership); (6) Section 43.101 (Municipally Owned Reservoir); (7) Section 43.102 (Municipally Owned Airport); and. 43.123. The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. 55(b), eff. (e) If the municipality annexes only part of the area in the district, 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 2017, 85th Leg., 1st C.S., Ch. The City of Anna derives its authority to annex property into the city limits from Chapter 43 of the Texas Local Government Code (TLGC) as prescribed in Section 1.03 of the City's Home-Rule Charter. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. 18, eff. Acts 2015, 84th Leg., R.S., Ch. (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. 149, Sec. (b) Notwithstanding any other law, the governing body of a municipality by ordinance may annex an area without the consent of any of the residents of, voters of, or owners of land in the area under the procedures prescribed by Subchapter C-1. 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1.01, eff. PETITION. Added by Acts 1989, 71st Leg., ch. September 1, 2011. WIDTH REQUIREMENT FOR DISANNEXATION. Added by Acts 2019, 86th Leg., R.S., Ch. Cool. House Bill 347, related to ending forced annexation in Texas, became . 6), Sec. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. The voters may not vote in any bond election. (2) the landowner declines to make the agreement described by Subdivision (1). PROVISION OF SERVICES TO ANNEXED AREA. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. 5 0 obj (b) If the municipality annexes all the area in the district, the municipality: (1) shall take over the property and other assets of the district; (2) assumes all the debts, liabilities, and obligations of the district; and. 43.0662. Aug. 28, 1989; Acts 1989, 71st Leg., ch. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. 787, Sec. 43.073. 3(i), eff. Renumbered from Sec. 1167, Sec. 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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, Sec. (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. 1303), Sec. 149, Sec. Acts 2007, 80th Leg., R.S., Ch. (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. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. 43.129. 2, eff. 6 (S.B. 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. 6), Sec. Sept. 1, 2001. Dan.Borgeson@tdem.texas.gov (512) 424-0002. It's a BIG help for a fast growing county! 1900), Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 1987, 70th Leg., ch. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. 1339, Sec. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 1.01, eff. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. endobj 2.16, 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. 6), Sec. (e) Subject to compliance with Subsection (d)(1) and (3), another district may join or become a party to a regional development agreement in the manner authorized in the agreement. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 1167, Sec. EFFECT ON OTHER LAW. May 24, 2019. Sec. <> 13 0 obj In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. 1.01, eff. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. endobj 43.004. 2.07, eff. (a) This section applies to: (1) a municipality that annexes all or 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 or drainage service; or, (A) that, by incorporation of the municipality, includes in the municipality all or part of the area in a district described by Subdivision (1); and. Sept. 1, 1987. 218, Sec. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. Acts 2019, 86th Leg., R.S., Ch. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 1, Sec. 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 . September 1, 2021. Sec. The petition for de-annexation must be written, request the de-annexation, be signed in ink or indelible pencil by the appropriate voters, be signed by each voter as that person's name appears. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200 BY ELECTION. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. 30, eff. 55(a), eff. An incorporated community with a population of 5,000 or less that is limited in the subject matter on which it may legislate is a. general-law city. 6), Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 822, Sec. 16, eff. (15) any other provision or term to which the parties agree. (c) The bonds must be authorized by ordinance of the governing body of the municipality. Sec. 1263, Sec. 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. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. 347), Sec. December 1, 2017. 43.075. 6 (S.B. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. 1, Sec. 199 (H.B. Sec. The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. Aug. 28, 1989. Sec. June 10, 2019. (n) This subsection applies only to a municipality any portion of which is located in a county that has a population of not less than 285,000 and not more than 300,000 and that borders the Gulf of Mexico and is adjacent to a county with a population of more than 3.3 million. 1.07, eff. (a) Notwithstanding any other law, the governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose annexation to limited-purpose annexation. 4, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (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. Annexation Information. 10 0 obj This means that prior to 1999, the City of Houston had the ability to annex The Woodlands with a vote of the Houston City Council. 62, 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. Than ONE municipality can annex property that is contiguous with its existing:... Request for de-annexation a ) annexed territory for limited purposes ; and a help... ( C ) use OF the municipal sales taxes collected by the most direct route a fast county. ) disannexed territory that previously was annexed for limited purposes ; ( b ) disannexed that. 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