Sec. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. Added by Acts 2021, 87th Leg., R.S., Ch. It's a BIG help for a fast growing county! 6), Sec. September 1, 2017. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. 544, Sec. December 1, 2017. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. 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. 155 (H.B. 1, Sec. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. 43.002. 6 (S.B. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). <> Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Technological Hazards. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. (33:157, 33:159). How does land annexation begin? (3) any area that is to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement, or that is to be incorporated or included within an alternate form of government with the consent of a municipality that is a party under an agreement, shall, by operation of law and without further action by a party or its governing body, be released from the extraterritorial jurisdiction, or consent of the municipality to the incorporation or adoption of an alternate form of government by the district shall be deemed to have been given, as appropriate under the agreement, at the time or upon the occurrence of the events specified in the agreement. MUNICIPAL ANNEXATION PLAN REQUIRED. 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. May 3, 2005. (b) Except as provided by Subsection (c), a defunding municipality may not annex an area during the period beginning on the date that the criminal justice division of the governor's office issues the written determination that the municipality is a defunding municipality and ending on 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). Sec. Annexation reform passed and was signed into law by Gov. 3723), Sec. 50 qualified voters in a general law city)-Washington (qualified voters in city equal to 10%+ of the number of votes cast in the last general election) 6. . JFIF ` ` C Aug. 28, 1989; Acts 1989, 71st Leg., ch. September 1, 2021. 504 N Queen Street Palestine, TX 75801. 155 (H.B. 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. 3(k), eff. Any obligation to reimburse the developer may be paid in installments over a three-year period. SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS. i. 347), Sec. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". Useful 2. A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. (3) must be recorded in the deed records of any county in which is located any territory of a district that is or that becomes a party to the agreement. WIDTH REQUIREMENT FOR DISANNEXATION. BUTLER, Anthony. 155 (H.B. 1, eff. Sept. 1, 2001. 6 (S.B. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. Preparedness Resources. 1012), Sec. 347), Sec. 155 (H.B. (e) This subsection applies only to a home-rule municipality. (3) the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law. (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. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 347), Sec. (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. Cities can annex property only with the written consent of the owner or by referendum. 1, eff. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. (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. They can only puppet any city which they gain, through conquest, trade, or by using a merchant of Venice to purchase a city state. (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. 6), Sec. (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. In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. (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. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. Sept. 1, 1995. (j) This section does not affect a charter provision of a home-rule municipality. 43.0761. 941 (H.B. 347), Sec. 43.0565. (4) the procedure by which the limited district may be dissolved prior to the expiration of any term established under Subdivision (2). 43.1056. Aug. 28, 1989. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. 149, Sec. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. June 14, 2021. 1.01(17), eff. (a) Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is: (1) contiguous and runs parallel to the municipality's boundaries; and. Mazey. 43.004. If the county approves, it petitions the city on the. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. 1900), Sec. Sec. In determining the total area annexed in a calendar year, an area annexed for limited purposes is included, but an annexed area is not included if it is: (1) annexed at the request of a majority of the qualified voters of the area and the owners of at least 50 percent of the land in the area; (2) owned by the municipality, a county, the state, or the federal government and used for a public purpose; (3) annexed at the request of at least a majority of the qualified voters of the area; or. The Republic of Texas Mexico won independence from Spain in 1821. Acts 2019, 86th Leg., R.S., Ch. (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. 1, Sec. The bill went into effect when The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. 1, see other Sec. 347), Sec. PUBLIC HEARINGS. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. (3) the municipality may collect a waste and wastewater surcharge for customers in the district after restoration of full-purpose annexation provided that: (A) notice of such proposed surcharge is provided to the board of a district six months prior to restoration of full-purpose annexation; (B) the surcharge does not exceed the cost of a post-annexation surcharge to any other district annexed by the municipality; and. The board shall conduct the election in the area composed of the district and the general-law municipality. 6), Sec. The section on Additional Phase gives the declarant the right to annex any additional land to the terms of the CCRs without the consent of any party of the existing HOA. 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. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. 560 (S.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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 6 (S.B. September 1, 2009. 10, eff. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 632 (S.B. (e) In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility service to households and parts of which are located in two or more municipalities, one of which has a population of more than 1.6 million. The law still allows for annexation at the request of a property owner. (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. 347), Sec. 43.083. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. 149, Sec. 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. Added by Acts 1989, 71st Leg., ch. 6 (S.B. 1, Sec. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. 1015), Sec. Sec. 401, Sec. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. Sec. May 24, 2019. Sept. 1, 1995. 155 (H.B. 3. 43.0696. 2, eff. 6 0 obj (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. Sept. 1, 1987. Emergency Management Performance Grant. 36, eff. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. There are two primary methods that cities use to annex land: the election method and the petition method. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. 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. =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 (2) follow the course of the road or highway. 632 (S.B. 1, eff. (1) none of the area is more than eight miles from the municipality's boundaries; and. 3(g), eff. 347), Sec. Sec. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. May 24, 2019. (c) The district is abolished on the annexation of all of its area by the municipality. George W. Bush May 1, 1997; Acts 1999, 76th Leg., ch. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. An agreement may be extended only once under this subsection. Training . 787, Sec. 6), Sec. (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. Amended by Acts 1989, 71st Leg., ch. 1, eff. 2.13, 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. Sec. 43.015. 155 (H.B. 13 0 obj 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. Acts 2017, 85th Leg., 1st C.S., Ch. (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. (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. Matthew Choi, Texas Tribune. 43.128. 43.1211. 76, Sec. Sept. 1, 1999. 6 (S.B. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. June 20, 2003. 1, eff. RESULTS OF ELECTION AND PETITION. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. 3(j), eff. 347), Sec. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. 43.073. 13, eff. 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. 1, Sec. (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. 155 (H.B. 1, eff. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. Acts 2019, 86th Leg., R.S., Ch. 6), Sec. [ 13 0 R] 8Oih-Dsu^ua[8.>iOZK e>HO YfkMW4N0^JPtoPysfW{ag {V6bb,+-CBT&YJFf+p'x 4Ejh~'(I})@ZGmFfFoTA6ylUu[D}C Ul_.zI{0Bw!wq|6;=Bmq-\}HqgooB (a) Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. 1, eff. Sec. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. 6 (S.B. May 24, 2019. Sec. 1, eff. (e) An agreement made under Subsection (c) or (d) must be approved by an ordinance adopted by the governing body of each municipality and by an order or resolution adopted by the governing board of the district before the date specified in the agreement for the abolition, distribution, and assumption. Land Records Management Program . 374), Sec. The voters may not vote in any bond election. 43.074. 1.01, eff. 1, eff. 6), Sec. (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or. (5) Repealed by Acts 2019, 86th Leg., R.S., Ch. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. (B) those revenues have produced, during the five-year period before May 30, 1959, an annual surplus in an amount sufficient to meet the annual obligations for which the district revenues are pledged. 1420, Sec. 1, eff. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. The agreement must specify the date on which the district is abolished. December 1, 2017. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. uQ/S&ix~Fa((]? ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. Sept. 1, 1987. Added by Acts 1999, 76th Leg., ch. 248, Sec. 155 (H.B. Sept. 1, 1999. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public.