39, eff. (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. 35, eff. 9, eff. 43.0761. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. Sept. 1, 1987. Sec. 1363 (S.B. Acts 1987, 70th Leg., ch. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. The amount of taxes levied by the district against a parcel of real estate subsequently annexed by the municipality shall be credited against any property taxes levied against the parcel by the municipality. (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. (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. (33:157, 33:159). ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. The municipality may also combine the different issues or the bonds of the different issues into one or more series of general obligation refunding bonds. Amended by Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (d) The municipality must post notice of the hearing on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation. Sec. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Municipal annexation is a process by which a municipality expands its boundaries into nearby, usually adjacent, unincorporated areas. December 1, 2017. 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. (e) A municipality that, as a result of the annexation, provides utility services to a school district facility may charge the district for utility services at: (1) the same rate that the district was paying before the annexation; or. Sec. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. 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. Sept. 1, 1987. (r) A district or the area of a district annexed for limited purposes under this section must be: (1) in the municipality's extraterritorial jurisdiction; and. 43.908. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. December 1, 2017. 2726), Sec. 1, eff. 3, eff. Aug. 28, 1989. Sept. 1, 1999. Sec. endstream 1878), Sec. Sept. 1, 2001. (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. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . June 18, 1999. (7) be presented to the secretary of the municipality. 6), Sec. 347), Sec. 7, eff. 43.082. VOLUNTARY ANNEXATION TRACT 1-2018: Being . Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . (k) During the time that an election under this section is pending, the general-law municipality may not annex area in the district. 1420, Sec. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. 43, eff. 6 0 obj 155 (H.B. Acts 1987, 70th Leg., ch. %PDF-1.5 (3) "Planned community" means a planned community of 10,000 acres 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. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. 6 (S.B. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. 6 (S.B. Sec. Sept. 1, 1991. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0692. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (2) may adopt an ordinance annexing the area. (a) This subchapter applies only to an annexation under Subchapter C-1. 6), Sec. 347), Sec. Sec. 1, eff. (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. May 3, 2005. 1420, Sec. (l) An agreement or a decision made under this section and an action taken under the agreement by the parties to the agreement are not subject to approval or an appeal brought under the Water Code unless it is an appeal of a utility rate charged by a municipality to customers outside the corporate boundaries of the municipality. endobj Sec. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. 82, eff. APPLICABILITY. 38, eff. (c) If the municipality obtains the number of signatures on the petition required to annex the area, the municipality may annex the area after: (1) providing notice under Subsection (a); (2) holding a public hearing at which members of the public are given an opportunity to be heard; and. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. 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. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. Annexation reform passed and was signed into law by Gov. 43.074. 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. Acts 2019, 86th Leg., R.S., Ch. Land Records Management Program . May 24, 2019. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area. 787, Sec. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. Sec. 43.0685. 149, Sec. Acts 2007, 80th Leg., R.S., Ch. 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. RESOLUTION. (b) The municipality may annex the unincorporated area of an airport owned by the municipality that is noncontiguous to the boundaries of the municipality regardless of whether the airport is located in the municipality's extraterritorial jurisdiction. There are two primary methods that cities use to annex land: the election method and the petition method. Sept. 1, 1987. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 43.0116. 3, eff. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. Amended by Acts 1989, 71st Leg., ch. 5, eff. (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. 29, eff. 952 (S.B. 25, eff. (2) follow the course of the road or highway. 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. 1, eff. 3(c), eff. Acts 2011, 82nd Leg., R.S., Ch. Map to North County Annex Texas City Annex 2516 Texas Avenue, Texas City Telephone: (409) 766-2284 Fax (409): 766-2479 Directions from I-45 north of Texas City: I-45 South and exit FM 1765. 1, eff. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f Acts 2017, 85th Leg., 1st C.S., Ch. Sec. (1) may not require the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district; and. 43.016. 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).". McKinney has since canceled its annexation plans. Acts 2013, 83rd Leg., R.S., Ch. December 1, 2017. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. 2.12, eff. Sept. 1, 1999. 43.0681. Sec. 6), Sec. (a) Notwithstanding Subchapter C-4 or C-5, a municipality that has a population of 74,000 to 99,700, that is located wholly or partly in a county with a population of more than 1.8 million, and that completely surrounds and is contiguous to a general-law municipality with a population of less than 600, may annex the general-law municipality as provided by this section. 347), Sec. 2, eff. (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. 155 (H.B. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). June 15, 2007. Acts 1987, 70th Leg., ch. (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. 9, eff. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. DISANNEXATION FROM DEFUNDING MUNICIPALITY. Amended by Acts 1999, 76th Leg., ch. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. 2 0 obj Sept. 1, 1987. Sec. 347), Sec. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. 43.1056. A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate persons, except another municipality, if: (1) two years have expired after the date of the adoption of the ordinance; and. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. Sec. (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the Texas Commission on Environmental Quality as such rules and requirements exist on the date of annexation. 347), Sec. 2.02, eff. 3(k), eff. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. Acts 2011, 82nd Leg., R.S., Ch. 43.079. 1, eff. Amended by Acts 1989, 71st Leg., ch. (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. 3(i), eff. 1167, Sec. PROVISION OF SERVICES TO ANNEXED AREA. This section does not affect the authority of a municipality to issue bonds for other purposes. May 24, 2019. Sec. (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. 3(k), eff. December 1, 2017. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. While this was a big win for Texans, there remains more work to do. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. June 15, 2007. 2, eff. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. Added by Acts 1999, 76th Leg., ch. 513, Sec. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. 43.123. Acts 2021, 87th Leg., R.S., Ch. (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. (c) The bonds must be authorized by ordinance of the governing body of the municipality. SUBCHAPTER C-4. (b) The municipality may annex the area if: (1) none of the area is more than five miles from the municipality's boundaries; (2) none of the area is in another municipality's extraterritorial jurisdiction; and. Added by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. 2.09, eff. 5, eff. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. 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