Acts 2005, 79th Leg., Ch. (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 2019, 86th Leg., R.S., Ch. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. Added by Acts 2007, 80th Leg., R.S., Ch. 504 N Queen Street Palestine, TX 75801. (2) may adopt an ordinance annexing the area. 6 (S.B. 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. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. 3(j), eff. 3, 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. The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. 41, eff. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. 155 (H.B. George W. Bush 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. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. Sec. (d) Within 10 days after the date on which the election is held, the governing body of the smaller municipality shall canvass the election returns and by resolution shall declare the results of the election. Houston Annexation History. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 6), Sec. Sept. 1, 1995. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (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. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. September 1, 2011. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. Acts 2019, 86th Leg., R.S., Ch. (4) "Regional development agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 347), Sec. 2.09, eff. Sec. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. 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. endobj Sec. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. 2, eff. (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. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. 952 (S.B. 2.07, eff. (e) The municipality shall have no responsibility to reimburse the developer of the district or its successors for more than reasonable and actual engineering and construction costs to design and build internal water treatment and distribution facilities, wastewater treatment and collection facilities, or drainage facilities, whether temporary or permanent, installed after September 1, 1995. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. 43.075. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. 374), Sec. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. BUTLER, Anthony. May 24, 2019. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. 199 (H.B. (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. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. So its probably a bug. (b) To the extent of a conflict with any other law, this section controls. (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. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. (c) A municipality may not take property on the island through eminent domain. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. Aug. 28, 1989. September 1, 2011. 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. 6 (S.B. Sept. 1, 1999. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. December 1, 2017. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. (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. 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. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. 21, eff. 2, eff. 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. Sec. 1.01, eff. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. Mazey. Amended by Acts 2001, 77th Leg., ch. (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. ANNEXATION HEARING REQUIREMENTS. (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. 1167, Sec. (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. (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. endobj May 24, 2019. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. (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. 43.1025. 76, Sec. 24, eff. June 15, 2007. 1.01(17), eff. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. 43.0687. 1420, Sec. (3) the area abuts or is contiguous to another jurisdictional boundary. Sec. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. (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. 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. 43.905 by Acts 2001, 77th Leg., ch. In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. 1076 (S.B. 1, eff. (7) be presented to the secretary of the municipality. (g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! Renewal of the service plan is at the discretion of the municipality. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. 6 (S.B. 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". At the hearing, the municipality shall hear and consider the appropriateness of the application of rural and urban ordinances in the area to be annexed for limited purposes. PETITION. Acts 2007, 80th Leg., R.S., Ch. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. June 20, 2003. 43.0691. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. 3(e), eff. Added by Acts 2021, 87th Leg., R.S., Ch. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. The Republic of Texas Mexico won independence from Spain in 1821. (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. December 1, 2017. 1, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. December 1, 2017. 43.080. June 10, 2019. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. May 24, 2019. 3(i), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1, eff. 374), Sec. Sec. 347), Sec. Sept. 1, 1989; Acts 2003, 78th Leg., ch. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. 6), Sec. U.S. Minister to Mexico 1830-35. Amended by Acts 1999, 76th Leg., ch. 1.01(12), eff. Sept. 1, 1987. 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. Ranch Lake Estates 2021 Voluntary Annexation. 941 (H.B. 43.004. 632 (S.B. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. The municipality shall perform the services and other functions that were performed by the district. 43.001. Sec. 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. (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. 43.0673. ENFORCEMENT OF CHAPTER. Acts 2021, 87th Leg., R.S., Ch. (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. 149, Sec. 37, eff. Sec. 43.004. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. 1900), Sec. (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. (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. 21.001(84), eff. Amended by Acts 1989, 71st Leg., ch. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. (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. (e) The municipality may not proceed with the annexation unless the municipality provides the required notice under this section. 155 (H.B. 199 (H.B. If the county approves, it petitions the city on the. Acts 2017, 85th Leg., 1st C.S., Ch. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. An annexed city is made when an occupied city is annexed by building the "Annex City" building. 43.903. 2.01. SUBCHAPTER H. ALTERATION OF ANNEXATION STATUS. (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. December 1, 2017. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. 1, eff. The voters may not vote in any bond election. Sec. 347), Sec. Related Pages. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . 149, Sec. REFUND OF TAXES AND FEES. 822, Sec. Sections 1155(a)(2) and (d). 347), Sec. Added by Acts 1999, 76th Leg., 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. 1, eff. Acts 2017, 85th Leg., 1st C.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. December 1, 2017. Acts 1987, 70th Leg., ch. (c) A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter. The area ceases to be a part of the municipality on the date of the entry of the order. 1, Sec. Sept. 1, 1999. (c) Notwithstanding Subsection (a), a municipality with a population of 21,000 or more located in a county with a population of 100,000 or more may annex a publicly owned strip or similar area following the course of a road or highway for the purpose of annexing territory contiguous to the strip or area if the territory contiguous to the strip or area was formerly used or was to be used in connection with or by a superconducting super collider high-energy research facility. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 43.121. Sec. The annexation may include any unincorporated area located in the proximity of the airport. (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. Acts 2019, 86th Leg., R.S., Ch. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. endobj (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. (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. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. 16 0 obj December 1, 2017. (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. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. 5 0 obj EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. 2, eff. Sec. endobj 155 (H.B. September 1, 2009. (2) 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. (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. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. 1, eff. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. Aug. 28, 1989. 1339, Sec. Useful 2. 155 (H.B. 5, eff. 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