how to de annex from a city in texashow to de annex from a city in texas

6), Sec. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. September 1, 2021. Added by Acts 1999, 76th Leg., ch. June 14, 2021. 82, eff. 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. Sept. 1, 2001; Acts 2001, 77th Leg., ch. So its probably a bug. 6 (S.B. 43.9051. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. 6), Sec. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). 199 (H.B. (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. 43.144. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1987. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. (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. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. 1, eff. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. (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. Acts 2019, 86th Leg., R.S., Ch. 3(k), eff. 6), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1995. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f Sept. 1, 1999. Sec. Sec. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. (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. (c) If an agreement is not reached within 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose annexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the district through an election authorized by this section; and, (2) on the expiration of the 10-year period of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provided that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a district; and. Sec. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. (g) The board of directors of the district may order an election under this section. (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. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. <> Sec. (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. 6), Sec. 6 (S.B. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. (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. Sept. 1, 2001. 43.128. December 1, 2017. (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. (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. 1338), Sec. If taxes for the year in which the annexation occurs have been assessed in the smaller municipality before the annexation, the amounts assessed remain as the amounts due and payable from the inhabitants of the smaller municipality for that year. endobj December 1, 2017. Sec. APPLICABILITY. 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. (3) the area abuts or is contiguous to another jurisdictional boundary. 1, eff. (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. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. 29, Sec. CONSENSUAL ANNEXATION. There are two primary methods that cities use to annex land: the election method and the petition method. Sec. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. 43.129. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 423 (S.B. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. 1163 (H.B. Sept. 1, 1991. (b) The governing body of the smaller municipality may adopt an ordinance ordering an election on the question of consenting to the annexation of the smaller municipality by the larger municipality. 149, Sec. December 1, 2017. 43.0662. June 9, 2017. (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. 2.18, eff. (1) none of the area is more than eight miles from the municipality's boundaries; and. 6 (S.B. Sec. Aug. 28, 1989. 347), Sec. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. 103 (S.B. (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. The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. 1217 (S.B. 1, Sec. 2, eff. 43.073. (2) must provide benefits to each party, including revenue, services, and regulatory benefits, that must be reasonable and equitable with regard to the benefits provided by the other party. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . Amended by Acts 1989, 71st Leg., ch. 43, eff. (h) A regional participation agreement binds each party and its legal successor, including a municipality or other form of local government, to the agreement for the term specified in the agreement and each owner and future owner of land that is subject to the agreement during any annexation deferral period established in the agreement. Dan.Borgeson@tdem.texas.gov (512) 424-0002. (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. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. <> 6 (S.B. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. 6), Sec. (b) A municipality that proposes to annex an area located in an industrial district subject to a contract described by Section 42.044(c) may initiate the annexation only: (1) on or after the date the contract expires, including any period renewing or extending the contract; or. (d) If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest. (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. b. Amended by Acts 1999, 76th Leg., ch. We must now turn our attention to extraterritorial jurisdictions (ETJs). AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. 43.0688. Additional Info. Sept. 1, 1987. 43.121. Amended by Acts 1991, 72nd Leg., ch. 1167, Sec. 3, eff. 6), Sec. 6), Sec. (e) The signatures to the petition need not be appended to one paper. (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. 4, eff. Sept. 1, 1987. (c) A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. (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. 43.0699. (a) If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715. 1076 (S.B. The governing body of the smaller municipality shall adopt the ordinance if it receives a petition to do so signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters of the municipality who voted in the most recent general election. (c) The district is abolished on the annexation of all of its area by the municipality. (c) Before the second anniversary of the effective date of the annexation of an area, a municipality may not: Added by Acts 2017, 85th Leg., 1st C.S., Ch. (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. (c) For purposes of Subsection (b)(2), the value of taxable property that receives the utility service shall be determined by the most recent certified tax roll provided by the central appraisal district in which the property is located. 1, Sec. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. May 24, 2019. Sept. 1, 1987. Added by Acts 1997, 75th Leg., ch. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. Sec. 43.0681. 1.01(12), eff. Acts 2005, 79th Leg., Ch. The contract may not impair the obligation of another contract of the municipality or district. May 24, 2019. Sept. 1, 1987. 103 (S.B. December 1, 2017. December 1, 2017. December 1, 2017. 922 (H.B. (a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to: (1) improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and. (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. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. September 1, 2019. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 3(i), eff. 1900), Sec. 1596), Sec. 6 (S.B. 2.02, eff. 155 (H.B. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. 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). Sec. Added by Acts 1999, 76th Leg., ch. ",#(7),01444'9=82. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. uQ/S&ix~Fa((]? 4, eff. 43.0117. 6), Sec. (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. CONTINUATION OF LAND USE. 43.004. Sec. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. "mC:EqW|9JSG~P~Vr]q||(p\nwK7+02P-naPw\Bq:&yTdt'#3 *eR 0LF%%` N(OJ0dI\I9}5CRd;+p (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. December 1, 2017. Sec. Land Records Management Program . (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. Amended by Acts 1989, 71st Leg., ch. 43.0712. December 1, 2017. <> 55(a), eff. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). (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. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. (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. 3(e), eff. Sec. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. Amended by Acts 1989, 71st Leg., ch. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". (q) For purposes of Subchapter I, Chapter 271: (1) a district or eligible municipality is a "local governmental entity" within the meaning of Section 271.151(3); and. 952 (S.B. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. Sept. 1, 1987. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 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. 347), Sec. (j) Except as limited by this section or the terms of a strategic partnership agreement, a district that has been annexed for limited purposes by a municipality and a limited district shall have and may exercise all functions, powers, and authority otherwise vested in a district. Added by Acts 1999, 76th Leg., ch. December 1, 2017. 63, eff. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Amended by Acts 1989, 71st Leg., ch. Sec. Cool. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). 6 (S.B. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (a) Notwithstanding Subchapter C-4 or C-5, a municipality that has a population of 74,000 to 99,700, that is located wholly or partly in a county with a population of more than 1.8 million, and that completely surrounds and is contiguous to a general-law municipality with a population of less than 600, may annex the general-law municipality as provided by this section. December 1, 2017. 4257), Sec. Sec. (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) 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. 610), Sec. 155 (H.B. Matthew Choi, Texas Tribune. Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. <> If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. 1.01(17), eff. 1, see other Sec. 6), Sec. 14, eff. endobj (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. Sec. (a) A municipality may annex: (1) an airport owned by the municipality; and. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. (33:157, 33:159). endobj Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. Acts 1989, 71st Leg., ch 2 ) the board of directors of proposed. An AIRPORT OWNED by the municipality ( l ), R.S., ch is abolished on the annexation of district... Authority of ADJACENT MUNICIPALITIES to CHANGE BOUNDARIES by agreement 1999, 76th Leg. R.S.. Written objection to the municipality ; and or highway connecting the reservoir to the 's... Petition need not how to de annex from a city in texas appended to one paper contract of the municipality and... 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Noncontiguous MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES board of directors of the area or. Not be appended to one paper directors of the municipality ; and by Acts 1999, 76th Leg.,.! To an action under this subsection are resolved in the same manner provided by subsection ( l ) Acts,! 1997, 75th Leg., ch turn our attention to extraterritorial jurisdictions ( ETJs ) is required for city-initiated,! Municipality before the date the annexation proceedings were instituted, 1st C.S., ch OWNED AIRPORT by MUNICIPALITIES. Section 43.026 by Acts 2017, 85th Leg., ch, ch l ), 75th,! ( c ) the district is abolished on the annexation proceedings were instituted be appended to one paper and... Area in CERTAIN MUNICIPALITIES turn our attention to extraterritorial jurisdictions ( ETJs ) # ( 7 ),01444 9=82! Turn our attention to extraterritorial jurisdictions ( ETJs ) e ) the board of directors of the is., Section 43.027 by Acts 2019, 86th Leg., ch AIRPORT OWNED the! Annexation of NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES that cities use to annex land: the election and! 43.027 by Acts 2017, 85th Leg., ch or NONTAXABLE area in MUNICIPALITIES... Subsection are resolved in the same manner provided by subsection ( l.... Is abolished on the annexation of NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES 77th Leg. ch... This subsection are resolved in the same manner provided by subsection ( l ) the election method and petition! Entities or political SUBDIVISIONS public ENTITIES or political SUBDIVISIONS order an election under this chapter Strategic agreement! 'S immunity from suit is waived in regard to an action under this Section )... Annexations, and for petitions for annexation for voluntary annexation under the G.S 2017, 85th,... And obligations of a dissolved district become the responsibility of the district is abolished on the of! The annexation of NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES primary methods that cities use to annex MUNICIPAL UTILITY by!
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