1167, Sec. If, on the date the election order is adopted, the general-law municipality has instituted but not completed proceedings to annex area in the district, the general-law municipality may complete the annexation while the election is pending. (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. May 25, 2007. Acts 2007, 80th Leg., R.S., Ch. 8, eff. Amended by Acts 1989, 71st Leg., ch. 43.901. 560 (S.B. (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. 1064, Sec. (a) This section applies to a municipality with a population of more than 500,000 that annexes all or part of the area in a levee improvement district organized under the laws of this state. WIDTH REQUIREMENTS. 3. (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. Sec. 2, eff. 155 (H.B. 1, Sec. 1303), Sec. 1, eff. 43.0663. 632 (S.B. 1, eff. 2, eff. 248, 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. Sec. Sec. December 1, 2017. The bill went into effect when (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. 1, eff. 2 0 obj
The municipality may combine the different issues or the bonds of different issues of both district and municipal revenue bonds, warrants, or other obligations into one or more series of revenue refunding bonds. 43.0697. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 1, Sec. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 1.01, eff. (d) The petition must include a map of and describe the area proposed to be annexed. 149, Sec. 43.074. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 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. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). Land Records Management Program . 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. 160A- 31 (b1) (requiring 51% households in a distressed area.) (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. Sec. The bills may affect your ability to annex across a county road or state highway. May 23, 2007. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX
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(h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. TITLE 2. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. Sept. 1, 1987. 155 (H.B. b. 1.01(17), eff. 55(a), eff. (a) If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715. mile. 43.080. 1015), 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. 37, eff. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. Acts 2019, 86th Leg., R.S., Ch. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. Acts 2019, 86th Leg., R.S., Ch. 63, eff. 81, eff. (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. 1062, Sec. In addition, general law cities may annex inhabited areas if the majority of the qualified voters of the area are in favor of becoming part of the city. 43.9051. NOTICE OF PROPOSED ANNEXATION. 218, Sec. 1167, Sec. 2, eff. 1, eff. (l) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election. Mazey. Acts 2007, 80th Leg., R.S., Ch. Cities can annex property only with the written consent of the owner or by referendum. DEFINITIONS. 2, eff. (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. SUBCHAPTER C-3. Sec. May 3, 2005. Sec. 3(c), eff. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). (b) To the extent of a conflict with any other law, this section controls. (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. 6 (S.B. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. The determination of value may be made on an original cost basis, a reproduction cost basis, a fair market value basis, or by any other valuation method agreed on by the parties that reasonably reflects the value of the property and other assets, debts, liabilities, and obligations of the district. Annexation Information. 1, eff. 3(k), eff. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. 1.01, eff. This section grants additional power to the municipality and is cumulative of the municipal charter. 922 (H.B. 1, Sec. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. 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. 155 (H.B. 15, eff. The governing body of a municipality must conduct at least one 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 43.0682. (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. (C) previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies. 43.0751. 6), Sec. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. Sec. 1263, Sec. 1.01(7), eff. December 1, 2017. Aug. 28, 1989. Matthew Choi, Texas Tribune. Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. September 1, 2013. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. 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. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (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. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. Acts 2019, 86th Leg., R.S., Ch. 1949), Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 80, eff. 1185 (H.B. Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. 3, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 43.0673. 40, eff. 1, Sec. Added by Acts 1995, 74th Leg., ch. Sec. If the property is (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes.