941 (H.B. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. (3) all the area of the district is annexed. 3(j), eff. (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. Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. <> Added by Acts 1989, 71st Leg., ch. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. (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. 3. 6), Sec. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. 62, Sec. 6 (S.B. 1, eff. 2.14, eff. 149, Sec. (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. RESOLUTION. May 24, 2019. 1, eff. Sec. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. State representatives as well as members of the Parker County group Stop Involuntary Annexation were present for the signing. When all the revenue bonds, warrants, and other obligations are retired in full, the property and other assets of the district shall be distributed among the municipalities as provided by Subsection (c) or (d). 6), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. 43.126. 293, Sec. June 15, 2007. (7) a regulation relating to the sale and use of fireworks. The process can be started by either a petition (see below) or by a city council resolution. (q) For purposes of Subchapter I, Chapter 271: (1) a district or eligible municipality is a "local governmental entity" within the meaning of Section 271.151(3); and. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. 2, eff. May 24, 2019. 43.055. Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. 43.002. 6 (S.B. Immediately after the filing of the petition, the secretary shall present it to the governing body. Sec. 4257), Sec. Sept. 1, 1987. (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. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. Sept. 1, 2001. 1878), Sec. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. Sec. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. While this was a big win for Texans, there remains more work to do. (c) A regional development agreement may allow: (1) any type of annexation of any part of the land in the district to be deferred for a mutually agreeable period of time; (2) facilities or services to be provided to the land within the district by any party to the agreement or by any other person, including optional, backup, emergency, mutual aid, or supplementary facilities or services; (3) payments to be made by the municipality to the district or another person or by the district or another person to the municipality for services provided to the district or municipality; (4) standards for requesting and receiving any form of required consent or approval from the municipality; (5) a district to issue bonds, notes, refunding bonds, or other forms of indebtedness; (6) the coordination of local, regional, and areawide planning; (7) remedies for breach of the agreement; (8) the modification, amendment, renewal, extension, or termination of the agreement; (9) any other district to join the agreement at any time; (10) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; and. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. 1263, Sec. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 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. December 1, 2017. (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. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. 1064, Sec. December 1, 2017. 43.1055. [ 13 0 R] 1.07, eff. 4.011, eff. September 1, 2011. (b) To the extent of a conflict with any other law, this section controls. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. How does land annexation begin? Sept. 1, 1987. 155 (H.B. 55(a), eff. 6 (S.B. 43.201. 10, eff. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. 43.073. May 3, 2005. (b) An election under this section shall be held in the same manner as general elections of the municipality. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". 43.0698. (f) If only part of the area in the district becomes a part of the municipality, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. (h) 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, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. The law still allows for annexation at the request of a property owner. mile. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the public entity or political subdivision. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. (4) that is the subject of an industrial district contract under Section 42.044. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. stream Added by Acts 1989, 71st Leg., ch. (e) In an election ordered under Subsection (c)(2) or (4), the governing body of the district may order elections in multiple designated areas on the same date or order elections in designated areas periodically on a uniform election date. Sec. 43.0116. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. 43.0672. 1303), Sec. 1, eff. 1, eff. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs This restriction does not apply to the annexation of area in a water or sewer district if the district is wholly or partly in the extraterritorial jurisdiction of more than one municipality. SUBCHAPTER C-1. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. Sec. 4(a), eff. Acts 1987, 70th Leg., ch. 43.0712. If taxes for the year in which the annexation occurs have been assessed in the smaller municipality before the annexation, the amounts assessed remain as the amounts due and payable from the inhabitants of the smaller municipality for that year. 43.905 by Acts 2001, 77th Leg., ch. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. September 1, 2021. December 1, 2017. Sec. 560 (S.B. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. 1, eff. Sec. 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. 347), Sec. 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. Sec. Amended by Acts 2003, 78th Leg., ch. (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. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 43.902. (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. DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. 1058, Sec. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. 43.0115. (d) The petition for disannexation must: (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and. (d) A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code. EFFECT ON OTHER LAW. Aug. 28, 1989. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. ANNEXATION FOR FULL PURPOSES. 347), Sec. (b) If the municipality fails to take the steps required by Section 43.127(b), any affected person may petition the district court to compel the annexation of a particular area for full purposes or the disannexation of the area. (S.B. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. Amended by Acts 2001, 77th Leg., ch. June 18, 2003. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. 1, eff. 9, eff. On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. 347), Sec. 2.05, eff. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. counties in the state of Texas, If you live outside the city limits, what unit of government manages electricity, water, sewer, and sanitation services?, A is chartered for localities with a population of less than 5,000 and more. Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6 (S.B. 6), Sec. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. (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. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. View information and documents regarding current or recent annexations. 155 (H.B. 6 (S.B. Amended by Acts 1999, 76th Leg., ch. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. 6 (S.B. (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. 1, eff. 155 (H.B. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. (a) 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 is less than 1,000 feet in width at its narrowest point. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. (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. May 24, 2019. Sept. 1, 1995. (4) was not, on April 1, 1971, a party to a contract providing for a federal grant for research and development under 33 U.S.C. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. 1, Sec. 43.141. Sec. 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 . December 1, 2017. Sec. 149, Sec. 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