38, eff. 6 (S.B. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. 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 . The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. 155 (H.B. May 24, 2019. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. 347), Sec. 6 from 2017 had already done that for cities in the largest counties.) 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. Jul 12, 2013 @ 12:50pm . Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. Galveston County Tax Annex in League City. June 15, 2007. 155 (H.B. (e) Notwithstanding Subsection (c) and until the 20th anniversary of the date of the annexation of an area that includes a permanent retail structure, a municipality may not prohibit a person from continuing to use the structure for the indoor seasonal sale of retail goods if the structure: (2) was authorized under the laws of this state to be used for the indoor seasonal sale of retail goods on the effective date of the annexation. 6), Sec. Sec. 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. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. 560 (S.B. Sec. 3(f), eff. Acts 1987, 70th Leg., ch. (c) The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation. ANNEXATION OF AREA ON REQUEST OF OWNERS. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and (33:157, 33:159). (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. Acts 1987, 70th Leg., ch. Amended by Acts 1989, 71st Leg., ch. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. (7) be presented to the secretary of the municipality. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. Sec. Sept. 1, 1999. 1.07, eff. 2.09, eff. Acts 2019, 86th Leg., R.S., Ch. 43.012. mile. December 1, 2017. Added by Acts 2007, 80th Leg., R.S., Ch. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. 1, eff. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 1, eff. (a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that: (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. 6), Sec. 11.255, eff. Amended by Acts 1999, 76th Leg., ch. May 24, 2019. 43.0686. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2019. 1, eff. APPLICABILITY. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. 43.0635. 4, eff. 1(2), eff. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. 1, eff. SUBCHAPTER C-2. 6, eff. endobj 32, eff. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area; (3) a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable: (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, playgrounds, and swimming pools; and. 1420, Sec. 155 (H.B. 3(h), eff. (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. (e) A regional participation agreement must be: (2) approved by the governing body of each eligible municipality or district that is or that becomes a party to the agreement; and. 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). 1167, Sec. (C) the surcharge is in effect only during the period in which bonds issued by the district or refunded by the municipality are not fully retired. 1303), Sec. 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. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. Amended by Acts 1989, 71st Leg., ch. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. 1062, Sec. (j) Promptly after the board of directors declares the result of the election: (1) the board shall mail or deliver a certified copy of the resolution declaring the result of the election to the mayor and the secretary of each of the two affected municipalities; and. May 24, 2019. 4257), Sec. 6 (S.B. 4. 1, eff. 1, eff. May 24, 2019. Sept. 1, 2001. June 18, 2015. Authority to annex by petition (with consent). ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. 1.01, eff. Acts 2017, 85th Leg., 1st C.S., Ch. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. Acts 2017, 85th Leg., 1st C.S., Ch. Aug. 28, 1989. (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. 2.16, eff. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. 155 (H.B. Added by Acts 1989, 71st Leg., ch. (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. Added by Acts 2001, 77th Leg., ch. 43.014. December 1, 2017. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. 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. 175 (H.B. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. House Bill 347, related to ending forced annexation in Texas, became . If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. 6 (S.B. (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. 41, eff. 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. 6 (S.B. 6 (S.B. NOTICE OF PROPOSED ANNEXATION. (2) contiguous to the corporate boundaries of the municipality or an area annexed by the municipality for limited purposes, unless the district consents to noncontiguous annexation under a strategic partnership agreement with the municipality. 155 (H.B. 225 (H.B. Sec. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. (c) A regional development agreement may allow: (1) any type of annexation of any part of the land in the district to be deferred for a mutually agreeable period of time; (2) facilities or services to be provided to the land within the district by any party to the agreement or by any other person, including optional, backup, emergency, mutual aid, or supplementary facilities or services; (3) payments to be made by the municipality to the district or another person or by the district or another person to the municipality for services provided to the district or municipality; (4) standards for requesting and receiving any form of required consent or approval from the municipality; (5) a district to issue bonds, notes, refunding bonds, or other forms of indebtedness; (6) the coordination of local, regional, and areawide planning; (7) remedies for breach of the agreement; (8) the modification, amendment, renewal, extension, or termination of the agreement; (9) any other district to join the agreement at any time; (10) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; and. September 1, 2007. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. 1, eff. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. 3(k), eff. Acts 2011, 82nd Leg., R.S., Ch. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. 1, eff. Learn More. 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. 155 (H.B. 1339, Sec. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. 3, eff. 55(a), eff. December 1, 2017. 160A- 31 (b1) (requiring 51% households in a distressed area.) Added by Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. (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. Acts 1987, 70th Leg., ch. 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. 2, eff. 347), Sec. 1.01(17), eff. The municipality may, with the consent of the district, construct and maintain drainage facilities in the district that are consistent with the reclamation plan of the district. Added by Acts 1999, 76th Leg., ch. 43, eff. (2) if the consent of the owners of land in the area is required under Section 43.0695, the 78th day after the date the petition period to obtain that consent ends. Sept. 1, 1991. 43.0671. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. 6 (S.B. 43.903. 43.0753. 347), Sec. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. 1163 (H.B. 1.01(17), eff. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. <> On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. Acts 2017, 85th Leg., 1st C.S., Ch. December 1, 2017. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. 1, eff. 6 (S.B. 155 (H.B. 43.0755. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. (C) the annexed area does not exceed 525 feet in width at its widest point; (2) a water or sewer district that has a noncontiguous part that is not within the extraterritorial jurisdiction of the municipality; or. Acts 2019, 86th Leg., R.S., Ch. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. The district is abolished on the date the duties and assumption take effect. by petition of the owners of all the land proposed for annexation. 155 (H.B. 1, eff. 43.144. (2) "Limited district" means a district that, pursuant to a strategic partnership agreement, continues to exist after full-purpose annexation by a municipality in accordance with the terms of a strategic partnership agreement. (8) such other lawful terms that the parties consider appropriate. Sept. 1, 2001. 3.01, eff. 1, eff. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Cities can annex property only with the written consent of the owner or by referendum. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. 6), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 155 (H.B. 1024), Sec. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". 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. 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. . Added by Acts 1989, 71st Leg., ch. Sec. 43.0561. Sec. 2015-2017 Annexation Map. 1058, Sec. On the distribution, the board is abolished. Acts 2007, 80th Leg., R.S., Ch. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. 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