The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. 43.147. Sec. The agreement must also provide for the distribution among one or more of the municipalities of the pro rata assets and liabilities located in the unincorporated area and must provide for service to customers in unincorporated areas in the service area of the abolished district. (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. (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. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that describes the area by metes and bounds and requests that the area be declared no longer part of the municipality, the mayor shall order an election on the question in the municipality. The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. 6 (S.B. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. Aug. 28, 1989. December 1, 2017. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. June 14, 2021. (4) "Planned community" means a planned community of 20 square miles or more with a population of 50,000 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. (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. PERIOD FOR COMPLETION OF ANNEXATION. 1, eff. - 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. 155 (H.B. The bills may affect your ability to annex across a county road or state highway. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. (h) The municipality may issue 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 in whole or in part from property taxes. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. The report must contain the results of the planning study conducted for the area in accordance with Subsection (c) and must contain the regulatory plan prepared for the area in accordance with Subsection (d). <>
(d) The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. 1076 (S.B. 1468), Sec. 6), Sec. 1, Sec. 347), Sec. The area ceases to be a part of the municipality on the date of the order. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. December 1, 2017. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. (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. DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT. Sec. (e) Subject to compliance with Subsection (d)(1) and (3), another district may join or become a party to a regional development agreement in the manner authorized in the agreement. PROCEDURES APPLICABLE. The term does not include a district or authority the primary function of which is the wholesale distribution of water. 374), Sec. MUNICIPAL INCORPORATION IN ANNEXED AREA. AUTHORITY OF POPULOUS HOME-RULE MUNICIPALITIES TO ANNEX FOR LIMITED PURPOSES; OTHER AUTHORITY NOT AFFECTED. Sec. 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. Acts 2019, 86th Leg., R.S., Ch. (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. (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. Added by Acts 1999, 76th Leg., ch. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. (4) submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality. 1, eff. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. Sept. 1, 1987. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. (8) such other lawful terms that the parties consider appropriate. 1167, Sec. 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. 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. Acts 2011, 82nd Leg., R.S., Ch. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. #7. (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. 1, Sec. (h) A regional participation agreement binds each party and its legal successor, including a municipality or other form of local government, to the agreement for the term specified in the agreement and each owner and future owner of land that is subject to the agreement during any annexation deferral period established in the agreement. (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. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. December 1, 2017. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. (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. May 24, 2019. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. 1, Sec. Sec. 43.079. (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. 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. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. 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. 347), 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. 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. 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). DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. 1.01(7), eff. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. SUBCHAPTER C-1. 43.056. 76, Sec. Sec. Sec. 6 (S.B. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. The annexation of Texas to the United States became a topic of political and diplomatic discussion after the Louisiana Purchase in 1803 and became a matter of international concern between 1836 and 1845, when Texas was a republic. 2, eff. 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. . (2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. September 1, 2011. Sec. The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. 1420, 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. 2, eff. (2) the landowner declines to make the agreement described by Subdivision (1). 597, Sec. 2.15, eff. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. Sept. 1, 2003. The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality. (h) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. 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. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. (d) If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest. Sept. 1, 1999. Acts 2017, 85th Leg., 1st C.S., Ch. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1987. 1, eff. 43.905. 43.07515. SUBCHAPTER C-2. 1217 (S.B. The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1. 2.01, see other Sec. 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. 248, Sec. GENERAL AUTHORITY TO ANNEX. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. 347), Sec. 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. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. 17, eff. 1, eff. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS. September 1, 2011. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. Sept. 1, 1999. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. 43.0698. (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any 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, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. 8Oih-Dsu^ua[8.>iOZK e>HO YfkMW4N0^JPtoPysfW{ag {V6bb,+-CBT&YJFf+p'x
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Ul_.zI{0Bw!wq|6;=Bmq-\}HqgooB 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. June 15, 2007. Sept. 1, 1995. However, nothing herein shall prevent the municipality from terminating the agreement and instituting proceedings to annex the district, on request by the governing body of the district, on any date prior to the full-purpose annexation conversion date established by the strategic partnership agreement under the procedures prescribed by Subchapter C-1. 341 (S.B. 1, 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. 664, Sec. The contract or agreement may contain other terms considered appropriate by the parties. Authorized to offer $5 million for Texas, his conduct in "negotiation" became so offensive he had to be removed. Sec. (d) 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. 16, eff. 1082), Sec. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 43.0673. June 15, 2007. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. (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. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. Amended by Acts 1989, 71st Leg., ch. May 24, 2019. 43.055. 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. 43.132. stream
149, Sec. September 1, 2021. Sec. (e) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. 2.02, eff. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. Any notice of a public hearing conducted under this subsection shall contain a statement of the purpose of the hearing, the date, time, and place of the hearing, and the location where copies of the proposed agreement may be obtained prior to the hearing. 1900), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 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. (g) For an annexation of an area in a water or sewer district that is wholly or partly in the overlapping extraterritorial jurisdiction of two or more municipalities, any one of those municipalities is not required to obtain under Section 42.023 the written consent of any of the other municipalities in order to annex the area if: (1) the area contains less than 100 acres; (2) the annexing municipality, before June 1, 2005, annexed more than 50 percent of the territory of the water or sewer district, as the district existed on the date of its creation; and. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. 155 (H.B. 14 0 obj
This section grants additional power to the municipality and is cumulative of the municipal charter. 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. 155 (H.B. 43.0561. Acts 2019, 86th Leg., R.S., Ch. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. Acts 2017, 85th Leg., 1st C.S., Ch. ADOPTION OF REGULATORY PLAN. Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. 248, Sec. 248, Sec. Added by Acts 1989, 71st Leg., ch. 103 (S.B. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. Local Planning. (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. TITLE 2. Acts 2019, 86th Leg., R.S., Ch. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. (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. (i) A regional participation agreement may not require a party to make payments from any funds that are restricted, encumbered, or pledged for the payment of contractual obligations or indebtedness of the party. Acts 1987, 70th Leg., ch. 43.901. (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. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. (a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. May 25, 2007. (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. endobj
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