May 24, 2019. 347), Sec. (e) This subsection applies only to a home-rule municipality. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. (33:157, 33:159). Acts 2019, 86th Leg., R.S., Ch. 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. (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). June 15, 2007. 6 (S.B. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. 55(a), eff. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. ORGANIZATION OF MUNICIPAL GOVERNMENT, SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION. 1, eff. September 1, 2013. 32, eff. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Sec. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. (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. endobj Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. 1012), Sec. 8, eff. December 1, 2017. Sec. 3, Sec. 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. 6 (S.B. 3(d), eff. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. (e) If the municipality annexes only part of the area in the district, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. 2.15, eff. 1163 (H.B. May 24, 2019. 160A- 31 (b1) (requiring 51% households in a distressed area.) (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. (b) The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are instituted. (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. 27, eff. #7. 1, eff. 43.016. Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. 2.02, eff. (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. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. (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. (5) cause a reduction in fire and police protection and emergency medical services within the area to be annexed below that of areas within the corporate boundaries of the municipality with similar topography, land use, and population density. 1064, Sec. Sec. <> If the governing body fails to adopt the ordinance, the duties and the assumption automatically take effect on the 91st day after the date the area becomes a part of the municipality. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 62, Sec. (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. JERRY E. DRAKE, JR. Deputy City Attorney 215 E. McKinney Denton, TX 76201 (940) 349-8333 Jerry Drake is a Deputy City Attorney for the Denton City Attorney's Office, where he is assigned primarily to land use issues and litigation. Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001. 347), Sec. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. We must now turn our attention to extraterritorial jurisdictions (ETJs). Sec. 149, Sec. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. 2, eff. (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. (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. The notice for the hearing must be: (1) published at least once on or after the 20th day but before the 10th day before the date of the hearing; and. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. September 1, 2019. June 18, 2003. (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. 6 (S.B. May 24, 2019. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. 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. 43.0753. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. 43.123. (c) A municipality may not take property on the island through eminent domain. Acts 2019, 86th Leg., R.S., Ch. 43.0752 by Acts 2001, 77th Leg., ch. Added by Acts 1989, 71st Leg., ch. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. (b) The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692. 1263, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. 347), Sec. 1.01(17), eff. ELECTION. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. 1217 (S.B. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. 43.0693. 1303), Sec. The ordinance must provide for the levy of taxes on all taxable property in the municipality to pay the principal of and interest on the bonds when due. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. (b) On a vote of at least two-thirds of the entire membership of the governing body of the municipality, the governing body may adopt an ordinance abolishing the district if the governing body finds: (A) the district is no longer needed; or, (B) the services furnished and functions performed by the district can be furnished and performed by the municipality; and. 9, eff. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. 43.074. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. Acts 2019, 86th Leg., R.S., Ch. (a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. Acts 2011, 82nd Leg., R.S., Ch. (d) A municipality that has annexed any portion of an area after December 1, 1996, and before September 1, 1999, in which a school district has a facility shall grant a variance from the municipality's building code for that facility if the facility does not comply with the code. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. 1, Sec. Sec. 10, eff. (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. A road sign outside of Mesquite city limits in Dallas County. Sec. 6 (S.B. (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. 3(j), eff. Such disannexation shall not affect the validity of the annexation of other territory. EFFECT OF ANNEXATION ON EXTRATERRITORIAL JURISDICTION. 1312), Sec. 2.17, eff. Matthew Choi, Texas Tribune. 43.203. 155 (H.B. (c) The provisions of this subchapter, other than Sections 43.1211 and 43.136, do not affect the authority of a municipality to annex an area for limited purposes under Section 43.136 or any other statute granting the authority to annex for limited purposes. b. 43.001. 3(k), eff. Acts 2019, 86th Leg., R.S., Ch. REGIONAL PARTICIPATION AGREEMENTS. Added by Acts 1999, 76th Leg., ch. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. May 24, 2019. 6 (S.B. Reforming the annexation process 952 (S.B. 3, eff. 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. 2, eff. 347), Sec. Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . Sec. June 17, 1997. (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. To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails. September 1, 2009. Added by Acts 1989, 71st Leg., ch. 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