Your one stop for non-emergency service requests or general questions. (c) The bonds must be authorized by ordinance of the governing body of the municipality. (2) "Municipality" means a municipality with a population of 1.6 million or more. (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. (a) The governing body of a municipality must conduct an initial 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 43.0692. (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. 27, eff. 6), Sec. 81, eff. 149, Sec. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. 347), Sec. The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. 597, Sec. On the distribution, the board is abolished. (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. December 1, 2017. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. CERTAIN STRIP ANNEXATIONS PROHIBITED. 43.079. 6 (S.B. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. 2702), Sec. (b) A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751: (1) may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and. 3, eff. 155 (H.B. 43.101. (e) This subsection applies only to a home-rule municipality. Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district; thus, only . Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). 1052 (H.B. 1, Sec. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. 347), Sec. Amended by Acts 2003, 78th Leg., ch. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Sept. 1, 1991. endobj December 1, 2017. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 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. May 24, 2019. December 1, 2017. In the action for the writ: (1) the court may order the parties to participate in mediation; (2) the municipality has the burden of proving that the municipality complied with Subsection (a); (3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and, (i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or. December 1, 2017. May 24, 2019. Sec. (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). 43.125. endobj CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. Added by Acts 2007, 80th Leg., R.S., Ch. This section grants additional power to the municipality and is cumulative of the municipal charter. 6 from 2017 had already done that for cities in the largest counties.) 43.129. 3(i), eff. 1, eff. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. September 1, 2013. 1, Sec. 7, eff. Acts 1987, 70th Leg., ch. December 1, 2017. Acts 2017, 85th Leg., R.S., Ch. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. 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. 7 0 obj Sec. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. 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). 347), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. December 1, 2017. 155 (H.B. 36, eff. Sec. 6), Sec. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. endobj 6 (S.B. 103 (S.B. Sec. 1, eff. 5 0 obj An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. December 1, 2017. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. (c) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. This section does not affect the authority of a municipality to issue bonds for other purposes. RESULTS OF ELECTION AND PETITION. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 42, eff. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 2003. Aug. 28, 1989. Sec. Acts 2019, 86th Leg., R.S., Ch. So its probably a bug. 43.0696. 43.0753. Added by Acts 2015, 84th Leg., R.S., Ch. 43.0663. 4059), Sec. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. While this was a big win for Texans, there remains more work to do. (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. 1.01, eff. 6 (S.B. The area ceases to be a part of the municipality on the date of the order. Sept. 1, 2001. (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. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. (f-1) In addition to the notice provided under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall give written notice as provided by this subsection to each property owner in any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. (a) The governing body of the municipality that elects to annex an area under this subchapter must first negotiate and enter into a written agreement with the owners of land in the area for the provision of services in the area. 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. . Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. APPLICABILITY. Sec. (2) the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial jurisdiction. (8) Section 43.1055 (Road and Right-of-Way). (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. (c) A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. b. May 24, 2019. mile. RESOLUTION. DISANNEXATION FROM DEFUNDING MUNICIPALITY. PUBLIC HEARING. 43.061. Added by Acts 2017, 85th Leg., 1st C.S., Ch. stream May 24, 2019. Under the bill, if a city funds its police department at a level lower than it has for the past two fiscal years it loses its right to raise property taxes more than it did the year before. 37, eff. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. 6 (S.B. (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). Sept. 1, 1987. Sept. 1, 2001. 43.903. Sept. 1, 1987. (c) A municipality may not take property on the island through eminent domain. 2.01, eff. 1, Sec. Acts 2021, 87th Leg., R.S., Ch. (n-1) At the conclusion of the term of an agreement between a municipality and a district under Subsection (n), the district and the municipality may extend the agreement for a period not to exceed 10 years. 43.143. 1900), Sec. The term does not include a groundwater conservation district operating under Chapter 36, Water Code, or a special utility district operating under Chapter 65, Water Code. Sept. 1, 1995; Acts 1999, 76th Leg., ch. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT. 1076 (S.B. 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. 1420, Sec. Sec. May 24, 2019. (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. 43, eff. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 43.0116. (S.B. 2.05, eff. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. 6), Sec. Annexation reform passed and was signed into law by Gov. (h) The board of directors shall set the date of the election for the first uniform election date that falls on or after the 30th day after the date of the order. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 1999, 76th Leg., ch. 6), Sec. Sec. June 18, 2003. May 24, 2019. (b) A home-rule municipality having a common boundary with a district subject to this section may annex the area of the district if: (1) the annexation is approved by a majority of the qualified voters who vote on the question at an election held under this section; (2) the annexation is completed before the date that is one year after the date of the election; and. 401, Sec. 6), Sec. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. (1) none of the area is more than eight miles from the municipality's boundaries; and. Notwithstanding Subsection (e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. (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. Sec. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. (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. 6), Sec. (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. The order may not take property on the island through eminent domain 1989. Not change or otherwise affect the switching limits of a railroad an annexation by a under... 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