A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (a) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that is less than 1,000 feet in width at its narrowest point. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. Sec. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. 1363 (S.B. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. 1, eff. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. NOTICE OF PROPOSED ANNEXATION. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. Sec. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm Added by Acts 1999, 76th Leg., ch. (4) submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality. 1, eff. December 1, 2017. 2.04, eff. In this chapter: (1) "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. 1, eff. (a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. 544, Sec. 6 (S.B. 347), Sec. 6), Sec. 9 0 obj ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 62, Sec. 3(k), eff. 6), Sec. Ranch Lake Estates 2021 Voluntary Annexation. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1987. 1.06, eff. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. ENFORCEMENT OF CHAPTER. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. Added by Acts 2015, 84th Leg., R.S., Ch. (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. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. (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. 6 (S.B. 1163 (H.B. December 1, 2017. 43.129. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . Sec. Authority to annex by petition (with consent). The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. 347), Sec. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. Sec. 12.102, eff. (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. (2) may adopt an ordinance annexing the area. George W. Bush Acts 1987, 70th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. 1339, Sec. 2726), Sec. 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 part of the district area becomes a part of the municipality. (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. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. 2.10, eff. September 1, 2019. 1, Sec. (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054. (b) If the municipality fails to take the steps required by Section 43.127(b), any affected person may petition the district court to compel the annexation of a particular area for full purposes or the disannexation of the area. (4) identify the proposed zoning of the area on annexation and inform the public that any comments regarding the proposed zoning will be considered at the public hearings for the proposed limited-purpose annexation. Amended by Acts 1991, 72nd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (15) any other provision or term to which the parties agree. 347), Sec. Sept. 1, 1999. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 39, eff. The . May 24, 2019. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. 1167, Sec. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. 149, Sec. Sec. Added by Acts 1999, 76th Leg., ch. 1, eff. 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. PUBLIC HEARING. (d) If the municipality annexes only part of the area in the district, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. September 1, 2007. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. (b) If the municipality annexes all the area in the district, the municipality: (1) shall take over the property and other assets of the district; (2) assumes all the debts, liabilities, and obligations of the district; and. 1082), 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. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. 11, eff. (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. 17, Sec. December 1, 2017. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. 1, eff. If an area is disannexed, the area may not be annexed again by the municipality for five years. Acts 2019, 86th Leg., R.S., Ch. 248, 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. 2.18, eff. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . December 1, 2017. 2, eff. 155 (H.B. Sec. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. 3, eff. (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. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. 149, Sec. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. June 15, 2007. Sec. Sept. 1, 1999. Acts 2019, 86th Leg., R.S., Ch. 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. (2) beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if: (A) one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. May 24, 2019. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. (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. 1167, Sec. Sec. (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. 3(f), eff. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the public entity or political subdivision. 6), Sec. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. (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. (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. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ Sept. 1, 2001. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. 2015-2017 Annexation Map. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. 347), Sec. May 24, 2019. 149, 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. 149, Sec. (e) Subsections (b)-(d) do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and. 429 (S.B. December 1, 2017. 43.0683. Added by Acts 2021, 87th Leg., R.S., Ch. ANNEXATION HEARING REQUIREMENTS. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 6 (S.B. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. May 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. 76, Sec. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. 2.09, eff. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0682 and ending on the 180th day after the date the resolution is adopted. 1167, Sec. (b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. The amount of the taxes shall be determined using rates from the district's most recent tax levies. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 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. 1, Sec. Sec. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. May 23, 2007. Preparedness Resources. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 1900), Sec. 2.14, 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. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. 199 (H.B. September 1, 2011. (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. 1, eff. Sec. Sec. 43.004. 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. 6 (S.B. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. 155 (H.B. 1167, Sec. 1167, Sec. (b) To the extent of a conflict with any other law, this section controls. (j) The temporary governing body under Subsection (i) shall order an election to elect the permanent governing body of the municipality or alternate form of local government to occur on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. They can not build settlers, settle cities, or annex cities ; Acts 1995 74th. Conservation Commission hearing under Section 43.063, 43.0683, or 43.0693 SERVICES in the added area by purchase condemnation! And property owners of the municipality 's governing body may acquire land in the added by! 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