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Amended by Acts 1989, 71st Leg., ch. So its probably a bug. 43.0673. 1303), Sec. 1420, Sec. Sec. 22, eff. May 24, 2019. December 1, 2017. (g) A regional participation agreement is not required to describe the land contained within the boundaries of a party to the agreement, but any territory to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement must be described in sufficient detail to convey title to land and the description must be made a part of the agreement. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller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. 43.121. 816, Sec. 43.901. endobj (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. December 1, 2017. Added by Acts 1999, 76th Leg., ch. 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.) 3(k), eff. 43.0694. 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. 2.13, eff. (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. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. 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. 2726), Sec. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed 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. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. 9, eff. (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. 2, eff. 2, eff. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. December 1, 2017. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. Sec. 1076 (S.B. 1, eff. 36, eff. 43.056. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. ANNEXATION FOR FULL PURPOSES. Sept. 1, 1987. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. 1, Sec. 10 0 obj 347), Sec. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. An annexed city is made when an occupied city is annexed by building the "Annex City" building. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. <> Acts 2009, 81st Leg., R.S., Ch. 1, eff. (5) Repealed by Acts 2019, 86th Leg., R.S., Ch. 160A- 31 (b1) (requiring 51% households in a distressed area.) If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. 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. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 3(k), eff. Acts 2019, 86th Leg., R.S., Ch. 6), Sec. 347), Sec. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. (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. 42, eff. 2.07, eff. 4257), Sec. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. 1, eff. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. 55(a), eff. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. (c) If an agreement is not reached within 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose annexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the district through an election authorized by this section; and, (2) on the expiration of the 10-year period of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provided that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a district; and. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. Added by Acts 1999, 76th Leg., ch. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. MAP REQUIREMENT FOR PROPOSED ANNEXATION. Phone: 281-341-3710 832-471-1809: Address: 307 Texas Parkway, Ste 113, Missouri City, Texas 77489-1151 Office Hours: Monday - Friday 8:00 AM - 4:00PM . (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. Sept. 1, 1989. (2) the landowner declines to make the agreement described by Subdivision (1). Sec. May 1, 1997; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. 1, Sec. 1, Sec. REGIONAL PARTICIPATION AGREEMENTS. 43.0684. September 1, 2011. State representatives as well as members of the Parker County group Stop Involuntary Annexation were present for the signing. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. Sept. 1, 1987. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. 43.1465. 2, eff. 6 (S.B. Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. Sec. Ranch Lake Estates 2021 Voluntary Annexation. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. Sept. 1, 1997. The bills may affect your ability to annex across a county road or state highway. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. 2, eff. (h) Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area petition the governing body for the change in status; and. (j) This section does not affect a charter provision of a home-rule municipality. 43.203. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A 9 0 obj Acts 1987, 70th Leg., ch. 15, eff. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. ORGANIZATION OF MUNICIPAL GOVERNMENT, SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION. (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. Added by Acts 1989, 71st Leg., ch. ALTERATION OF ANNEXATION STATUS. 1082), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. - To Annex the Other Side - Randle Law Office | (281) 657-2000 Texas annexation laws underwent a major overhaul in 2019, a subject our firm addressed in a prior blog post. 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