347), Sec. Aug. 28, 1989. Acts 2007, 80th Leg., R.S., Ch. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. 2, eff. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. TITLE 2. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. Acts 2019, 86th Leg., R.S., Ch. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. (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. (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. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Acts 1987, 70th Leg., ch. endobj 155 (H.B. - 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. Sec. 1, Sec. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. (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. i. (d) A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code. We must now turn our attention to extraterritorial jurisdictions (ETJs). 1217 (S.B. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. 2.15, eff. 155 (H.B. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. AUTHORITY TO ANNEX. (a) The governing body of a municipality by ordinance may discontinue an area as a part of the municipality if: (1) the municipality has a population of 4,000 or more and is located in a county with a population of more than 205,000, and the area is composed of at least three contiguous acres that are unimproved and adjoining the municipal boundaries; or. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. Sec. Added by Acts 1989, 71st Leg., ch. Sec. 4059), Sec. Amended by Acts 1999, 76th Leg., ch. 175 (H.B. 16, eff. 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. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. 43.903. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). September 1, 2019. Training . Sec. September 1, 2009. 43.0661. (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. 15, eff. December 1, 2017. 3, Sec. The area ceases to be a part of the municipality on the date of the entry of the order. 43.201. (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. 38, eff. 6 (S.B. (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. (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. (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). 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. 43.0693. 149, Sec. (k) An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22, 23, or 24, to the extent consistent with this section. Read more. <> Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. 3(k), eff. (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. September 1, 2017. (e) A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries. 2.01. Added by Acts 1999, 76th Leg., ch. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 2702), Sec. Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain: (1) a statement of the purpose of the hearing; (2) a statement of the date, time, and place of the hearing; and. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. Sec. June 17, 1997. 1058, Sec. December 1, 2017. 55(a), eff. (2) posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. 1.07, eff. EFFECT ON OTHER LAW. 6 (S.B. 43.1055. (a-1) If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters. 347), Sec. PROVISION OF SERVICES TO ANNEXED AREA. 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. (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. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. 1949), Sec. Your one stop for non-emergency service requests or general questions. 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. 43.071. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. 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. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. RESULTS OF PETITION. 1, see other Sec. 2, eff. 3, eff. 6 (S.B. 1, eff. SUBCHAPTER C-3. Sec. Sec. 43.055. ADOPTION OF REGULATORY PLAN. Sec. Sec. Acts 1987, 70th Leg., ch. 10/28/2011 12:18 PM. This building is needed to mobilize any unit in a city. 31, eff. b. May 24, 2019. 43.015. (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. (a) Subject to Section 43.1211, the governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. 1, eff. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. While this was a big win for Texans, there remains more work to do. 55(b), eff. ANNEXATION HEARING REQUIREMENTS. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. Acts 2021, 87th Leg., R.S., Ch. 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. (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. 80, eff. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories Sec. 1.01(17), eff. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. June 18, 2003; Acts 2003, 78th Leg., ch. December 1, 2017. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. 2702), Sec. (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. Funny. Acts 2017, 85th Leg., 1st C.S., Ch. endobj (a) A municipality may annex: (1) an airport owned by the municipality; and. 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 . 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). uQ/S&ix~Fa((]? (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. Amended by Acts 1989, 71st Leg., ch. (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. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 5, eff. September 1, 2011. 3, eff. 3(k), eff. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 43.0662. 43.0505. CONTINUATION OF LAND USE. May 24, 2019. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. ANNEXATION OF CERTAIN ADJACENT AREAS. 1.01, eff. BUTLER, Anthony. New law forces city's hand Mesquite officials. This section grants additional power to the municipality and is cumulative of the municipal charter. <> Aug. 28, 1989; Acts 1989, 71st Leg., ch. In May, the City of Fort Worth will achieve some milestones when it sells the last of the bonds for the 2018 program, and the first of the bonds for the 2022 program. 6), Sec. 6 (S.B. (3) the area abuts or is contiguous to another jurisdictional boundary. Acts 1987, 70th Leg., ch. June 15, 2007. 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. 155 (H.B. 6), Sec. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. 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. All annexations must be carried out according to State law and the City Code of Ordinances. 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. (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. 1, eff. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. 1, eff. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 2, eff. May 24, 2019. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. September 1, 2011. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. Acts 1987, 70th Leg., ch. (2) a regional participation agreement is a "contract subject to this subchapter" within the meaning of Section 271.151(2), without regard to whether the agreement is for providing goods or services. 8, eff. Acts 2017, 85th Leg., R.S., Ch. EFFECT OF ANNEXATION ON COLONIAS. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. 2.07, eff. unitary. 43.083. 6 (S.B. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. 2, eff. September 1, 2019. Sept. 1, 1999. 6 (S.B. Sec. June 15, 2007. 1, Sec. June 10, 2019. (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. 347), Sec. 1167, Sec. 43.0755. Sept. 1, 1997. 32, eff. (B) provided that this subsection does not prevent the municipality from providing services within the district if: (i) the provision of services is specified and agreed to in the agreement; (ii) the provision of services is not solely the result of a regulatory plan adopted by the municipality in connection with the limited-purpose annexation of the district; and. 43.907. 1, eff. 1.01(12), eff. (c) A regional participation agreement may provide or allow for: (1) the establishment, administration, use, investment, and application of a regional participation fund, which shall be a special fund or escrow account to be used solely for funding the costs and expenses of eligible programs or projects; (2) payments to be made by a party into the regional participation fund for application, currently or in the future, toward eligible programs or projects; (3) the methods and procedures by which eligible programs or projects are prioritized, identified, and selected for implementation and are planned, designed, bid, constructed, administered, inspected, and completed; (4) the methods and procedures for accounting for amounts on deposit in, to the credit of, or expended from the regional participation fund, as well as any related investment income or amounts due and owing to or from any party to the fund; (5) credits against payments otherwise due by any party under the agreement resulting from taxes, charges, fees, assessments, tolls, or other payments in support of or related to the usage or costs of eligible programs or projects that are levied or imposed upon, assessed against, or made applicable to a party or its citizens, ratepayers, taxpayers, or constituents after the effective date of the agreement; (6) any type of annexation of any part of the territory of a district to be deferred by an eligible municipality that is a party for a mutually agreeable period; (7) the release of territory from the extraterritorial jurisdiction of an eligible municipality that is a party at a specified time or upon the occurrence of specified events; (8) the consent of an eligible municipality that is a party to the incorporation of, or the adoption of an alternate form of government by, all or part of the territory of a district at a specified time or upon the occurrence of specified events; (9) remedies for breach of the agreement; (10) the modification, amendment, renewal, extension, or termination of the agreement; (11) other districts, eligible municipalities, or persons to join the agreement as a party at any time; (12) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; (13) the duration of the agreement, including an unlimited term; (14) the creation and administration of a nonprofit corporation, joint powers agency, local government corporation, or other agency for the purpose of administration and management of a regional participation fund, program, or project under the agreement; and. Added by Acts 1989, 71st Leg., ch. (d) A regulation relating to the discharge of firearms or other weapons is subject to the restrictions in Section 229.002. (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. (l) After due authorization, execution, delivery, and recordation as provided by this section, a regional participation agreement, including any related amendment, supplement, modification, or restatement, and a pledge of funds to make payments under an agreement shall be final and incontestable in any court of this state. (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. (a) A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. 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. HB 1900 applies to cities with a population of more than 250,000; lawmakers say that includes 11 Texas municipalities, including Austin, Dallas and Houston. 347), Sec. Acts 2013, 83rd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. (a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200 BY ELECTION. 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. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. 43.004. 43.0116. Aug. 28, 1989. December 1, 2017. 43.142. Acts 1987, 70th Leg., ch. June 15, 2007. Sections 1155(a)(2) and (d). 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With POPULATION of 74,000 to 99,700 in URBAN how to de annex from a city in texas to de-annex their if... A city may annex: ( 1 ) an airport owned by the municipality and is cumulative of order... ) an airport owned by the municipality 's extraterritorial jurisdiction they have 100 % approval from the affected property.... Of municipality WITH POPULATION of AT LEAST 200 by ELECTION 76th Leg., R.S., Ch and cumulative! Available on the date of the order Montgomery county and the extra-territorial of. After the presentation of the municipality ; and the digital map available on the municipality website. 1989 ; Acts 2003, 78th Leg., R.S., Ch WITH the governmental entity before the date the proceedings., Ch until the new laws are put into practice, 83rd Leg., R.S., Ch big! Shall reconsider the ordinance the petition, the municipality 's website HB 347, a eliminating. Can petition the county to de-annex their parcels if they have 100 approval. The affected property owners city Code of Ordinances municipality on the date of the municipal charter area or...
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