LOCAL GOVERNMENT CODE CHAPTER 43. MUNICIPAL ANNEXATION
LOCAL GOVERNMENT CODE
CHAPTER 43. MUNICIPAL ANNEXATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 43.001. DEFINITION. In this chapter,
"extraterritorial jurisdiction" means extraterritorial
jurisdiction as determined under Chapter 42.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.002. CONTINUATION OF LAND USE. (a) A municipality
may not, after annexing an area, prohibit a person from:
(1) continuing to use land in the area in the manner in
which the land was being used on the date the annexation proceedings
were instituted if the land use was legal at that time; 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) a completed application for the initial
authorization was filed with the governmental entity before the
date the annexation proceedings were instituted.
(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.
(c) This section does not prohibit a municipality from
imposing:
(1) a regulation relating to the location of sexually
oriented businesses, as that term is defined by Section 243.002;
(2) a municipal ordinance, regulation, or other
requirement affecting colonias, as that term is defined by Section
2306.581, Government Code;
(3) a regulation relating to preventing imminent
destruction of property or injury to persons;
(4) a regulation relating to public nuisances;
(5) a regulation relating to flood control;
(6) a regulation relating to the storage and use of
hazardous substances; or
(7) a regulation relating to the sale and use of
fireworks.
(d) A regulation relating to the discharge of firearms or
other weapons is subject to the restrictions in Section 229.002.
Added by Acts 1999, 76th Leg., ch. 1167, § 2, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 18, § 3, eff. May 3, 2005.
SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX
§ 43.021. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX
AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. 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 procedural rules 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
(3) exchange area with other municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.022. VOTER APPROVAL OF ANNEXATION BY HOME-RULE
MUNICIPALITY REQUIRED UNDER CERTAIN CIRCUMSTANCES. (a) If, under
its charter, the governing body of a home-rule municipality
initiates or orders an election to submit to the qualified voters of
the municipality the question of annexing an adjacent area, the
governing body shall at the same time order an election to be held
at a convenient location in the municipality to submit the question
to the qualified voters of that area.
(b) The election order must:
(1) provide for separate elections for the voters of
the municipality and for the voters of the area;
(2) be issued in the manner provided for other
municipal elections;
(3) describe the area by metes and bounds; and
(4) provide for voting for or against the proposition:
"The annexation of additional area, the assumption by the
municipality of all bonded indebtedness and flat rates on the area
and due to an irrigation district, water improvement district, or
water control and improvement district, and the levy and collection
of a tax on all property in the municipality sufficient to pay off
and discharge the bonded indebtedness and flat rates."
(c) Public notice of the election must be given in the
manner provided for other municipal elections.
(d) If, at the elections, a majority of the qualified voters
of the municipality and a majority of the qualified voters of the
area each approve the question, the municipality assumes all the
bonded indebtedness and flat rates on the annexed area and due to
the irrigation district, water improvement district, or water
control and improvement district. The municipality shall pay, from
the date of the annexation and out of the taxes collected on the
area, the bonded indebtedness and the flat rates owed to the special
district as they become due and payable. The municipality may not
collect any taxes due to the municipality from a property owner of
the area until the municipality pays the bonded indebtedness and
the flat rates for the current year that they become due and payable
and presents to the property owner the receipt for the payment.
(e) If the question is not approved as required by
Subsection (d), the area may not be annexed.
(f) This section does not affect a charter provision
providing for annexation of area by ordinance in a home-rule
municipality with a population of more than 100,000. This section
grants additional power to the municipality and is cumulative of
the municipal charter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.023. AUTHORITY OF GENERAL-LAW MUNICIPALITY WITH
POPULATION OF MORE THAN 5,000 TO ANNEX AREA ON PETITION AND ELECTION
OF AREA VOTERS. (a) A general-law municipality with a population
of more than 5,000 may annex, as provided by this section, an area
that is contiguous to the municipality and that is not more than one
mile in width.
(b) The inhabitants of the area may petition the
municipality to order an election in the area at which the qualified
voters of the area may vote on the question of whether the area
should become a part of the municipality. The petition must:
(1) describe the area by metes and bounds;
(2) be accompanied by a plat of the area;
(3) be signed by 100, or more, or by a majority of the
qualified voters of the area; and
(4) be filed with the secretary or clerk of the
municipality.
(c) After the petition is filed, the governing body of the
municipality by ordinance may order the election. In the
ordinance, the governing body shall specify the date of the
election and each voting place, appoint the election officers, and
prescribe the form of the ballot.
(d) Notice of the election must be given by posting a copy of
the ordinance, certified by the secretary or clerk of the
municipality in three public places in the area for the 10 days
preceding the date of the election. The notice must be published as
required by Chapter 4, Election Code.
(e) The election must be held in the manner prescribed for
general municipal elections. The municipality shall pay the cost
of the election.
(f) The governing body, by an order entered in its minutes,
shall declare the election result. The order is conclusive of the
municipality's authority to annex the area. If the result of the
election establishes that a majority are in favor of becoming part
of the municipality, the governing body by ordinance may annex the
area.
(g) On the effective date of the ordinance, the area becomes
a part of the municipality and the inhabitants of the area are
entitled to the rights and privileges of the other citizens of the
municipality and are bound by the acts and ordinances adopted by the
municipality.
(h) To contest an annexation proceeding held under this
section, a contestant must file written notice and a written
statement of the grounds for the contest with the secretary or clerk
of the municipality within 60 days after the effective date of the
ordinance annexing the area. If a contest is not filed in that
manner before the expiration of that period, it is conclusively
presumed that the election and the results of the election are
valid, final, and binding on all courts.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.024. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY
TO ANNEX AREA ON REQUEST OF AREA VOTERS. (a) This section applies
only to the annexation of an area that:
(1) is one-half mile or less in width; and
(2) is contiguous to a Type A general-law
municipality.
(b) If a majority of the qualified voters of the area vote in
favor of becoming a part of the municipality, any three of those
voters may prepare an affidavit to the fact of the vote and file the
affidavit with the mayor of the municipality.
(c) The mayor shall certify the filed affidavit to the
governing body of the municipality. On receipt of the certified
affidavit, the governing body by ordinance may annex the area.
(d) On the effective date of the ordinance, the area becomes
a part of the municipality and the inhabitants of the area are
entitled to the rights and privileges of other citizens of the
municipality and are bound by the acts and ordinances adopted by the
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.025. AUTHORITY OF TYPE B GENERAL-LAW MUNICIPALITY
TO ANNEX AREA ON REQUEST OF AREA VOTERS. (a) If a majority of the
qualified voters of an area contiguous to a Type B general-law
municipality vote in favor of becoming a part of the municipality,
any three of those voters may prepare an affidavit to the fact of
the vote and file the affidavit with the mayor of the municipality.
(b) The mayor shall certify the filed affidavit to the
governing body of the municipality. On receipt of the certified
affidavit, the governing body by ordinance may annex the area.
(c) On the effective date of the ordinance, the area becomes
a part of the municipality and the inhabitants of the area are
entitled to the rights and privileges of other citizens of the
municipality and are bound by the acts and ordinances adopted by the
municipality.
(d) The municipality may not be enlarged under this section
to exceed the area requirements established by Section 5.901.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.026. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY
TO ANNEX AREA IT OWNS. The governing body of a Type A general-law
municipality by ordinance may annex area that the municipality
owns. The ordinance must describe the area by metes and bounds and
must be entered in the minutes of the governing body.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.027. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
NAVIGABLE STREAM. The governing body of a general-law municipality
by ordinance may annex any navigable stream adjacent to the
municipality and within the municipality's extraterritorial
jurisdiction.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.028. AUTHORITY OF MUNICIPALITIES TO ANNEX SPARSELY
OCCUPIED AREA ON PETITION OF AREA LANDOWNERS. (a) This section
applies only to the annexation of an area:
(1) that is one-half mile or less in width;
(2) that is contiguous to the annexing municipality;
and
(3) that is vacant and without residents or on which
fewer than three qualified voters reside.
(b) The owners of the area may petition the governing body
of the municipality in writing to annex the area.
(c) The petition must describe the area by metes and bounds
and must be acknowledged in the manner required for deeds by each
person having an interest in the area.
(d) After the 5th day but on or before the 30th day after the
date the petition is filed, the governing body shall hear the
petition and the arguments for and against the annexation and shall
grant or refuse the petition as the governing body considers
appropriate.
(e) If the governing body grants the petition, the governing
body by ordinance may annex the area. On the effective date of the
ordinance, the area becomes a part of the municipality and the
inhabitants of the area are entitled to the rights and privileges of
other citizens of the municipality and are bound by the acts and
ordinances adopted by the municipality.
(f) If the petition is granted and the ordinance is adopted,
a certified copy of the ordinance together with a copy or duplicate
of the petition shall be filed in the office of the county clerk of
the county in which the municipality is located.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.029. AUTHORITY OF CERTAIN SMALL MUNICIPALITIES TO
ANNEX UNOCCUPIED AREA ON PETITION OF SCHOOL BOARD. (a) This
section applies only to a municipality with a population of:
(1) 900 to 920;
(2) 1,251 to 1,259; or
(3) 3,944 to 3,964.
(b) This section applies only to the annexation of an area
that is:
(1) contiguous to the annexing municipality; and
(2) vacant and without residents.
(c) The board of trustees of a public school occupying the
area may petition the governing body of the municipality in writing
to annex the area. Sections 43.028(c)-(f) apply to the petition and
annexation under this section in the same manner in which they apply
to the petition and annexation under that section.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.030. AUTHORITY OF MUNICIPALITY WITH POPULATION OF
74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED
GENERAL-LAW MUNICIPALITY. (a) 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.
(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. 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. If the ordinance ordering the
election is to be adopted as a result of a petition, the ordinance
shall be adopted within 30 days after the date the petition is
received.
(c) The ordinance ordering the election must provide for the
submission of the question at an election to be held on the first
uniform election date prescribed by Chapter 41, Election Code, that
occurs after the 30th day after the date the ordinance is adopted
and that affords enough time to hold the election in the manner
required by law.
(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. If a majority of the votes received is in favor of the
annexation, the secretary of the smaller municipality or other
appropriate municipal official shall forward by certified mail to
the secretary of the larger municipality a certified copy of the
resolution.
(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. If the annexation is not completed within the
90-day period, any annexation proceeding is void and the larger
municipality may not annex the smaller municipality under this
section. However, the failure to complete the annexation as
provided by this subsection does not prevent the smaller
municipality from holding a new election on the question to enable
the larger municipality to annex the smaller municipality as
provided by this section.
(f) If the larger municipality completes the annexation
within the prescribed period, the incorporation of the smaller
municipality is abolished. The records, public property, public
buildings, money on hand, credit accounts, and other assets of the
smaller municipality become the property of the larger municipality
and shall be turned over to the officers of that municipality. The
offices in the smaller municipality are abolished and the persons
holding those offices are not entitled to further remuneration or
compensation. All outstanding liabilities of the smaller
municipality are assumed by the larger municipality.
(g) In the annexation ordinance, the larger municipality
shall adopt, for application in the area zoned by the smaller
municipality, the identical comprehensive zoning ordinance that
the smaller municipality applied to the area at the time of the
election. Any attempted annexation of the smaller municipality
that does not include the adoption of that comprehensive zoning
ordinance is void. That comprehensive zoning ordinance may not be
repealed or amended for a period of 10 years unless the written
consent of the landowners who own at least two-thirds of the surface
land of the annexed smaller municipality is obtained.
(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.
(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. 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.
(j) This section does not affect a charter provision of a
home-rule municipality. This section grants additional power to
the municipality and is cumulative of the municipal charter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 597, § 80, eff. Sept. 1, 1991.
§ 43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE
BOUNDARIES BY AGREEMENT. Adjacent municipalities may make
mutually agreeable changes in their boundaries of areas that are
less than 1,000 feet in width.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(c), eff. Aug. 28, 1989.
§ 43.032. AUTHORITY OF CERTAIN TYPE A GENERAL-LAW
MUNICIPALITIES TO ANNEX AN AREA UPON PETITION BY OWNERS. (a) The
governing body of a general-law municipality with a population of
1,500 to 1,599 may annex an area:
(1) that is adjacent to the annexing municipality;
(2) that is not being served with water or sewer
service from a governmental entity; and
(3) for which a petition requesting annexation has
been filed with the municipality.
(b) A petition requesting annexation filed under Subsection
(a)(3) must:
(1) describe the area to be annexed by metes and
bounds;
(2) be signed by each owner of real property in the
area to be annexed; and
(3) be filed with the secretary or clerk of the
municipality.
(c) Before filing the petition, the petitioners and the
governing body of the municipality may enter into a development
agreement to further cooperation between the municipality
regarding the proposed annexation. The agreement must be attached
to the petition and may allow:
(1) a facility or service, including optional, backup,
emergency, mutual aid, or supplementary facilities or services, to
be provided to the area or any part of the area by the municipality,
a landowner, or by any other person;
(2) standards for requesting and receiving any form of
municipal consent or approval required to perform an activity;
(3) remedies for breach of the agreement;
(4) the amendment, renewal, extension, termination,
or any other modification of the agreement;
(5) a third-party beneficiary to be specifically
designated and conferred rights or remedies under the agreement;
and
(6) any other term to which the parties agree.
(d) If the governing body certifies that the petition meets
the requirements of this section and agrees to enter any proposed
development agreement attached to the petition, the governing body
by ordinance may annex the area. On the effective date of the
ordinance, the area is annexed.
(e) If the area is annexed, the municipality shall:
(1) file a certified copy of the ordinance together
with a copy of the petition, including any attached development
agreement, in the office of the county clerk of the county in which
the municipality is located and with each party to the agreement;
and
(2) provide a copy of the filed documents to each
landowner in the area.
(f) The annexation of an area under this section does not
expand the extraterritorial jurisdiction of the
municipality. Sections 42.021 and 42.022 do not apply to an
annexation made under this section.
Added by Acts 2005, 79th Leg., Ch. 972, § 1, eff. June 18, 2005.
§ 43.033. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
AREA. (a) A general-law municipality may annex adjacent
territory without the consent of any of the residents or voters of
the area and without the consent of any of the owners of land in the
area provided that the following conditions are met:
(1) the municipality has a population of 1,000 or more
and is not eligible to adopt a home-rule charter;
(2) the procedural rules prescribed by this chapter
are met;
(3) the municipality must be providing the area with
water or sewer service;
(4) the area:
(A) does not include unoccupied territory in
excess of one acre for each service address for water and sewer
service; or
(B) is entirely surrounded by the municipality
and the municipality is a Type A general-law municipality;
(5) the service plan requires that police and fire
protection at a level consistent with protection provided within
the municipality must be provided to the area within 10 days after
the effective date of the annexation;
(6) the municipality and the affected landowners have
not entered an agreement to not annex the area for a certain time
period; and
(7) if the area is appraised for ad valorem tax
purposes as land for agricultural or wildlife management use under
Subchapter C or D, Chapter 23, Tax Code:
(A) the municipality offers to make a development
agreement with the landowner in the manner provided by Section
212.172 that would:
(i) guarantee the continuation of the
extraterritorial status of the area; and
(ii) authorize the enforcement of all
regulations and planning authority of the municipality that do not
interfere with the agricultural or wildlife management use of the
area; and
(B) the landowner fails to accept an offer
described by Paragraph (A) within 30 days after the date the offer
is made.
(b) If, after one year but before three years from the
passage of an ordinance annexing an area under this section, a
majority of the landowners or registered voters in the area vote by
petition submitted to the municipality for disannexation, the
municipality shall immediately disannex the area. If the
municipality disannexes the area under this subsection, the
municipality may discontinue providing the area with water and
sewer service.
Added by Acts 1991, 72nd Leg., ch. 904, § 1, eff. Aug. 26, 1991.
Amended by Acts 1993, 73rd Leg., ch. 208, § 1, eff. Aug. 30,
1993.
Amended by:
Acts 2005, 79th Leg., Ch. 972, § 2, eff. June 18, 2005.
§ 43.034. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
AREA; CERTAIN MUNICIPALITIES. A general-law municipality may
annex adjacent territory without the consent of any of the
residents or voters of the area and without the consent of any of
the owners of land in the area if:
(1) the municipality has a population of 1,000-1,300,
part of whose boundary is part of the shoreline of a lake whose
normal surface area is 75,000 acres or greater and which is located
completely within the State of Texas;
(2) the procedural rules prescribed by this chapter
are met;
(3) the service plan requires that police and fire
protection at a level consistent with protection provided within
the municipality must be provided to the area within 10 days after
the effective date of the annexation; and
(4) the municipality and the affected landowners have
not entered an agreement to not annex the area for a certain period.
Added by Acts 1997, 75th Leg., ch. 1250, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 669, § 43, eff. Sept. 1,
2001.
Text of section as added by Acts 2007, 80th Leg., R.S., Ch. 225,
§ 1
For text of section as added by Acts 2007, 80th Leg., R.S., Ch.
1097, § 1, see other § 43.035.
§ 43.035. AUTHORITY OF MUNICIPALITY TO ANNEX AREA
QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER
LAND. (a) This section applies only to an area:
(1) eligible to be the subject of a development
agreement under Subchapter G, Chapter 212; and
(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.
(b) A municipality may not annex an area to which this
section applies unless:
(1) the municipality offers to make a development
agreement with the landowner under Section 212.172 that would:
(A) guarantee the continuation of the
extraterritorial status of the area; and
(B) authorize the enforcement of all regulations
and planning authority of the municipality that do not interfere
with the use of the area for agriculture, wildlife management, or
timber; and
(2) the landowner declines to make the agreement
described by Subdivision (1).
(c) For purposes of Section 43.021(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.
(d) A provision of a development agreement described by
Subsection (b)(1) that restricts or otherwise limits the annexation
of all or part of the area that is the subject of the agreement is
void if the landowner files any type of subdivision plat or related
development document for the area with a governmental entity that
has jurisdiction over the area, regardless of how the area is
appraised for ad valorem tax purposes.
(e) A development agreement described by Subsection (b)(1)
is not a permit for purposes of Chapter 245.
Added by Acts 2007, 80th Leg., R.S., Ch. 225, § 1, eff. May 25,
2007.
Text of section as added by Acts 2007, 80th Leg., R.S., Ch. 1097,
§ 1
For text of section as added by Acts 2007, 80th Leg., R.S., Ch. 225,
§ 1, see other § 43.035.
§ 43.035. TRANSFER OF AREA AND CHANGE IN BOUNDARIES
BETWEEN CERTAIN MUNICIPALITIES. (a) This section applies only to
an area that:
(1) is contiguous to the corporate boundaries of a
municipality with a population of more than 5,000;
(2) is located within the corporate boundaries of a
home-rule municipality with a population of more than 1.1 million;
(3) has no residents; and
(4) has located within the area a facility with over
one million square feet of retail space that has remained primarily
vacant for at least 18 months before the effective date of the
boundary change agreement described by this section, as determined
by the municipalities that are parties to the agreement.
(b) Before December 31, 2008, a home-rule municipality with
a population of more than 1.1 million may enter into a boundary
change agreement with a municipality with a population of more than
5,000 to release an area described by Subsection (a) from the more
populous municipality's corporate boundaries and transfer the area
to be included within the corporate boundaries of the other
municipality. The boundary change agreement must:
(1) be adopted by ordinance or resolution of the
governing body of each municipality; and
(2) contain a metes and bounds description of the
area.
(c) The owners of a majority of the acreage of land
contained in an area described by Subsection (a) must consent in
writing to the release and transfer of the area to be included
within the corporate boundaries of the other municipality. The
owners' written consent to the release and transfer must:
(1) be submitted to each municipality that is a party
to the boundary change agreement before the governing body of
either municipality may approve the boundary change agreement; and
(2) contain a metes and bounds description of the
area.
(d) The less populous municipality, as a term of the
boundary change agreement, may agree to share a portion of that
municipality's local sales tax revenue or ad valorem tax revenue,
or both, attributable to the area that is the subject of the
boundary change agreement, for a defined period, with the more
populous municipality.
(e) The boundary change agreement may establish an
effective date of the boundary change and may be subject to
provisions that establish conditions precedent to the boundary
change. On the effective date of the boundary change:
(1) the area released and transferred as authorized by
this section ceases to be part of the more populous municipality and
is included within the corporate boundaries of the less populous
municipality for all purposes;
(2) the corporate boundaries of the less populous
municipality are extended to include the area;
(3) the extraterritorial jurisdiction of each
municipality is expanded or decreased in accordance with the
changes in the municipality's boundaries; and
(4) the area that is the subject of the boundary change
agreement is bound by the acts, ordinances, codes, resolutions, and
regulations of the less populous municipality.
(f) Each municipality shall modify any official map or other
applicable document to reflect the change in the municipality's
boundaries.
(g) Notwithstanding any other provision of this chapter,
Sections 43.031, 43.148, and 43.905 and Subchapters C and C-1 do not
apply to an area that is the subject of, or a party to, a boundary
change agreement authorized by this section.
(h) If a provision of the charter of a home-rule
municipality described by Subsection (a)(2) is in conflict with any
provision of this section, the provisions of this section prevail
over the conflicting charter provision.
Added by Acts 2007, 80th Leg., R.S., Ch. 1097, § 1, eff. June 15,
2007.
SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
MUNICIPAL ANNEXATION PLAN
§ 43.051. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL
JURISDICTION. A municipality may annex area only in its
extraterritorial jurisdiction unless the municipality owns the
area.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 43.052. MUNICIPAL ANNEXATION PLAN REQUIRED. (a) In
this section, "special district" means a municipal utility
district, water control and improvement district, or other district
created under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution.
(b) A municipality may annex an area identified in the
annexation plan only as provided by this section.
(c) A municipality shall prepare an annexation plan that
specifically identifies annexations that may occur beginning on the
third anniversary of the date the annexation plan is adopted. The
municipality may amend the plan to specifically identify
annexations that may occur beginning on the third anniversary of
the date the plan is amended.
(d) At any time during which an area is included in a
municipality's annexation plan, a municipal utility district or
other special district that will be abolished as a result of the
annexation, excluding an emergency services district, in which the
area is located may not without consent of the municipality:
(1) reduce the tax rate applicable to the area if the
amount that would remain in the debt service fund after the
reduction and after subtracting the amount due for debt service in
the following year is less than 25 percent of the debt service
requirements for the following year;
(2) voluntarily transfer an asset without
consideration; or
(3) enter into a contract for services that extends
beyond the three-year annexation plan period other than a contract
with another political subdivision for the operation of water,
wastewater, and drainage facilities.
(e) A municipality may amend its annexation plan at any time
to remove an area proposed for annexation. If, before the end of
the 18th month after the month an area is included in the three-year
annexation cycle, a municipality amends its annexation plan to
remove the area, the municipality may not amend the plan to again
include the area in its annexation plan until the first anniversary
of the date the municipality amended the plan to remove the area.
If, during or after the 18 months after the month an area is
included in the three-year annexation cycle, a municipality amends
its annexation plan to remove the area, the municipality may not
amend the plan to again include the area in its annexation plan
until the second anniversary of the date the municipality amended
the plan to remove the area.
(f) Before the 90th day after the date a municipality adopts
or amends an annexation plan under this section, the municipality
shall give written notice to:
(1) each property owner in the affected area, as
indicated by the appraisal records furnished by the appraisal
district for each county in which the affected area is located, that
the area has been included in or removed from the municipality's
annexation plan;
(2) each public entity, as defined by Section 43.053,
or private entity that provides services in the area proposed for
annexation; and
(3) 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.
(g) If an area is not removed from the municipality's
annexation plan, the annexation of the area under the plan must be
completed before the 31st day after the third anniversary of the
date the area was included in the annexation plan. If the
annexation is not completed within the period prescribed by this
subsection, the municipality may not annex the area proposed for
annexation before the fifth anniversary of the last day for
completing an annexation under this subsection.
(h) This section does not apply to an area proposed for
annexation if:
(1) the area contains fewer than 100 separate tracts
of land on which one or more residential dwellings are located on
each tract;
(2) the area will be annexed by petition of more than
50 percent of the real property owners in the area proposed for
annexation or by vote or petition of the qualified voters or real
property owners as provided by Subchapter B;
(3) the area is or was the subject of:
(A) an industrial district contract under
Section 42.044; or
(B) a strategic partnership agreement under
Section 43.0751;
(4) the area is located in a colonia, as that term is
defined by Section 2306.581, Government Code;
(5) the area is annexed under Section 43.026, 43.027,
43.029, or 43.031;
(6) the area is located completely within the
boundaries of a closed military installation; or
(7) the municipality determines that the annexation of
the area is necessary to protect the area proposed for annexation or
the municipality from:
(A) imminent destruction of property or injury to
persons; or
(B) a condition or use that constitutes a public
or private nuisance as defined by background principles of nuisance
and property law of this state.
(i) A municipality may not circumvent the requirements of
this section by proposing to separately annex two or more areas
described by Subsection (h)(1) if no reason exists under generally
accepted municipal planning principles and practices for
separately annexing the areas. If a municipality proposes to
separately annex areas in violation of this section, a person
residing or owning land in the area may petition the municipality to
include the area in the municipality's annexation plan. If the
municipality fails to take action on the petition, the petitioner
may request arbitration of the dispute. The petitioner must
request the appointment of an arbitrator in writing to the
municipality. Sections 43.0564(b), (c), and (e) apply to the
appointment of an arbitrator and the conduct of an arbitration
proceeding under this subsection. Except as provided by this
subsection, the municipality shall pay the cost of arbitration. If
the arbitrator finds that the petitioner's request for arbitration
was groundless or requested in bad faith or for the purposes of
harassment, the arbitrator shall require the petitioner to pay the
costs of arbitration.
(j) If a municipality has an Internet website, the
municipality shall:
(1) post and maintain the posting of its annexation
plan on its Internet website;
(2) post and maintain the posting on its Internet
website of any amendments to include an area in its annexation plan
until the date the area is annexed; and
(3) post and maintain the posting on its Internet
website of any amendments to remove an area from its annexation plan
until the date the municipality may again include the area in its
annexation plan.
(k) Notwithstanding the restrictions imposed by Subsections
(e) and (g), under an agreement described by Section 43.0563 a
municipality may annex an area for full or limited purposes at any
time on petition of the owner of the area for the annexation if the
area:
(1) is in the municipality's annexation plan; or
(2) was previously in the municipality's annexation
plan but removed under Subsection (e).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1167, § 4, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1185, § 1, eff. June 15,
2007.
§ 43.053. INVENTORY OF SERVICES AND FACILITIES
REQUIRED. (a) In this section, "public entity" includes a
municipality, county, fire protection service provider, including
a volunteer fire department, emergency medical services provider,
including a volunteer emergency medical services provider, or a
special district, as that term is defined by Section 43.052.
(b) After adopting an annexation plan or amending an
annexation plan to include additional areas under Section 43.052, a
municipality shall compile a comprehensive inventory of services
and facilities provided by public and private entities, directly or
by contract, in each area proposed for annexation. The inventory of
services and facilities must include all services and facilities
the municipality is required to provide or maintain following the
annexation.
(c) The municipality shall request, in the notice provided
under Section 43.052(f), the information necessary to compile the
inventory from each public or private entity that provides services
or facilities in each area proposed for annexation. The public or
private entity shall provide to the municipality the information
held by the entity that is necessary to compile the inventory not
later than the 90th day after the date the municipality requests the
information unless the entity and the municipality agree to extend
the period for providing the information. The information provided
under this subsection must include the type of service provided,
the method of service delivery, and all information prescribed by
Subsections (e) and (f). If a service provider fails to provide the
required information within the 90-day period, the municipality is
not required to include the information in an inventory prepared
under this section.
(d) The information required in the inventory shall be based
on the services and facilities provided during the year preceding
the date the municipality adopted the annexation plan or amended
the annexation plan to include additional areas.
(e) For utility facilities, roads, drainage structures, and
other infrastructure provided or maintained by public or private
entities, the inventory must include:
(1) an engineer's report that describes the physical
condition of all infrastructure elements in the area; and
(2) a summary of capital, operational, and maintenance
expenditures for that infrastructure.
(f) For police, fire, and emergency medical services
provided by public or private entities, the inventory must include
for each service:
(1) the average dispatch and delivery time;
(2) a schedule of equipment, including vehicles;
(3) a staffing schedule that discloses the
certification and training levels of personnel; and
(4) a summary of operating and capital expenditures.
(g) The municipality shall complete the inventory and make
the inventory available for public inspection on or before the 60th
day after the date the municipality receives the required
information from the service providers under Subsection (c).
(h) The municipality may monitor the services provided in an
area proposed for annexation and verify the inventory information
provided by the service provider.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 969, § 1, eff. Sept. 1, 1993; Acts
1999, 76th Leg., ch. 1167, § 4, eff. Sept. 1, 1999.
§ 43.054. WIDTH REQUIREMENTS. (a) A municipality with
a population of less than 1.6 million 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.
(b) The prohibition established by Subsection (a) does not
apply if:
(1) the boundaries of the municipality are contiguous
to the area on at least two sides;
(2) the annexation is initiated on the written
petition of the owners or of a majority of the qualified voters of
the area; or
(3) the area abuts or is contiguous to another
jurisdictional boundary.
(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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(d), eff. Aug. 28, 1989; Acts
1999, 76th Leg., ch. 1167, § 5, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 768, § 1, eff. June 20, 2003.
§ 43.0545. ANNEXATION OF CERTAIN ADJACENT AREAS. (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.
(b) 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:
(1) was annexed before September 1, 1999; and
(2) was in the extraterritorial jurisdiction of the
municipality at the time of annexation only because the territory
was contiguous to municipal territory that was less than 1,000 feet
in width at its narrowest point.
(c) Subsections (a) and (b) do not apply to an area:
(1) completely surrounded by incorporated territory
of one or more municipalities;
(2) for which the owners of the area have requested
annexation by the municipality;
(3) that is owned by the municipality; or
(4) that is the subject of an industrial district
contract under Section 42.044.
(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.
(e) For purposes of this section, roads, highways, rivers,
lakes, or other bodies of water are not included in computing the
1,000-foot distance unless the area being annexed includes land in
addition to a road, highway, river, lake, or other body of water.
Added by Acts 1999, 76th Leg., ch. 1167, § 6, eff. Sept. 1, 1999.
§ 43.0546. ANNEXATION OF CERTAIN ADJACENT AREAS BY
POPULOUS MUNICIPALITIES. (a) In this section, "municipal area"
means the area within the corporate boundaries of a municipality
other than:
(1) an area annexed before September 1, 1999, that is
less than 1,000 feet wide at any point;
(2) an area within the corporate boundaries of the
municipality that was annexed by the municipality before September
1, 1999, and at the time of the annexation the area was contiguous
to municipal territory that was less than 1,000 feet wide at any
point;
(3) an area annexed after December 1, 1995, and before
September 1, 1999;
(4) municipally owned property; or
(5) an area contiguous to municipally owned property
if the municipally owned property was annexed in an annexation that
included an area that was less than 1,000 feet wide at its narrowest
point.
(b) This section applies only to a municipality with a
population of 1.6 million or more.
(c) A municipality to which this section applies may not
annex an area that is less than 1,500 feet wide at any point. At
least 1,500 feet of the perimeter of the area annexed by a
municipality must be coterminous with the boundary of the municipal
area of the municipality.
(d) This section does not apply to territory:
(1) that is completely surrounded by municipal area;
(2) for which the owners of the area have requested
annexation by the municipality;
(3) within a district whose elected board of directors
has by a majority vote requested annexation;
(4) owned by the municipality; or
(5) that contains fewer than 50 inhabitants.
Added by Acts 1999, 76th Leg., ch. 1167, § 6, eff. Sept. 1, 1999.
§ 43.055. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR.
(a) In a calendar year, a municipality may not annex a total area
greater than 10 percent of the incorporated area of the
municipality as of January 1 of that year, plus any amount of area
carried over to that year under Subsection (b). 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
(4) annexed at the request of the owners of the area.
(b) If a municipality fails to annex in a calendar year the
entire 10 percent amount permitted under Subsection (a), the
municipality may carry over the unused allocation for use in
subsequent calendar years.
(c) A municipality carrying over an allocation may not annex
in a calendar year a total area greater than 30 percent of the
incorporated area of the municipality as of January 1 of that year.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(e), eff. Aug. 28, 1989.
§ 43.056. PROVISION OF SERVICES TO ANNEXED AREA.
(a) Before the first day of the 10th month after the month in which
the inventory is prepared as provided by Section 43.053, the
municipality proposing the annexation shall complete a service plan
that provides for the extension of full municipal services to the
area to be annexed. The municipality shall provide the services by
any of the methods by which it extends the services to any other
area of the municipality.
(b) The service plan, which must be completed in the period
provided by Subsection (a) 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. 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. 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:
(1) police protection;
(2) fire protection;
(3) emergency medical services;
(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
(8) operation and maintenance of any other publicly
owned facility, building, or service.
(c) For purposes of this section, "full municipal services"
means services provided by the annexing municipality within its
full-purpose boundaries, including water and wastewater services
and excluding gas or electrical service.
(d) A municipality with a population of 1.5 million or more
may provide all or part of the municipal services required under the
service plan by contracting with service providers. If the
municipality owns a water and wastewater utility, the municipality
shall, subject to this section, extend water and wastewater service
to any annexed area not within the service area of another water or
wastewater utility. If the municipality annexes territory included
within the boundaries of a municipal utility district or a water
control and improvement district, the municipality shall comply
with applicable state law relating to annexation of territory
within a municipal utility district or a water control and
improvement district. The service plan shall summarize the service
extension policies of the municipal water and wastewater utility.
(e) The service plan must also include a program under which
the municipality will initiate after the effective date of the
annexation the acquisition or construction of capital improvements
necessary for providing municipal services adequate to serve the
area. The construction shall be substantially completed within the
period provided in the service plan. The service plan may be
amended to extend the period for construction if the construction
is proceeding with all deliberate speed. The acquisition or
construction of the facilities shall be accomplished by purchase,
lease, or other contract or by the municipality succeeding to the
powers, duties, assets, and obligations of a conservation and
reclamation district as authorized or required by law. 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. However, the municipality
does not violate this subsection if the construction process is
interrupted for any reason by circumstances beyond the direct
control of the municipality. The requirement that construction of
capital improvements must be substantially completed within the
period provided in the service plan does not apply to a development
project or proposed development project within an annexed area if
the annexation of the area was initiated by petition or request of
the owners of land in the annexed area and the municipality and the
landowners have subsequently agreed in writing that the development
project within that area, because of its size or projected manner of
development by the developer, is not reasonably expected to be
completed within that period.
(f) A service plan may not:
(1) require the creation of another political
subdivision;
(2) require a landowner in the area to fund the capital
improvements necessary to provide municipal services in a manner
inconsistent with Chapter 395 unless otherwise agreed to by the
landowner; or
(3) provide services in the area in a manner that would
have the effect of reducing by more than a negligible amount the
level of fire and police protection and emergency medical services
provided within the corporate boundaries of the municipality before
annexation.
(g) If the annexed area had a lower level of services,
infrastructure, and infrastructure maintenance than the level of
services, infrastructure, and infrastructure maintenance provided
within the corporate boundaries of the municipality before
annexation, a service plan must provide the annexed area with a
level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the
municipality with topography, land use, and population density
similar to those reasonably contemplated or projected in 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. Except as
provided by this subsection, if the annexed area had a level of
services superior to the level of services provided within the
corporate boundaries of the municipality before annexation, a
service plan must provide the annexed area with a level of services
that is comparable to the level of services available in other parts
of the municipality with topography, land use, and population
density similar to those reasonably contemplated or projected in
the area. If the annexed area had a level of services for operating
and maintaining the infrastructure of the area, including the
facilities described by Subsections (b)(5)-(8), superior to the
level of services provided within the corporate boundaries of the
municipality before annexation, a service plan must provide for the
operation and maintenance of the infrastructure of the annexed area
at a level of services that is equal or superior to that level of
services.
(h) A municipality with a population of 1.6 million or more
may not impose a fee in the annexed area, over and above ad valorem
taxes and fees imposed within the corporate boundaries of the
municipality before annexation, to maintain the level of services
that existed in the area before annexation. This subsection does
not prohibit the municipality from imposing a fee for a service in
the area annexed if the same fee is imposed within the corporate
boundaries of the municipality before annexation.
(i) If only a part of the area to be annexed is actually
annexed, the governing body shall direct the department to prepare
a revised service plan for that part.
(j) The proposed service plan must be made available for
public inspection and explained to the inhabitants of the area at
the public hearings held under Section 43.0561. The plan may be
amended through negotiation at the hearings, but the provision of
any service may not be deleted. On completion of the public
hearings, the service plan shall be attached to the ordinance
annexing the area and approved as part of the ordinance.
(k) On approval by the governing body, the service plan is a
contractual obligation that is not subject to amendment or repeal
except that if the governing body determines at the public hearings
required by this subsection that changed conditions or subsequent
occurrences make the service plan unworkable or obsolete, the
governing body may amend the service plan to conform to the changed
conditions or subsequent occurrences. An amended service plan must
provide for services that are comparable to or better than those
established in the service plan before amendment. 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 43.0561.
(l) A service plan is valid for 10 years. Renewal of the
service plan is at the discretion of the municipality. A person
residing or owning land in an annexed area in a municipality with a
population of 1.6 million or more may enforce a service plan by
petitioning the municipality for a change in policy or procedures
to ensure compliance with the service plan. If the municipality
fails to take action with regard to the petition, the petitioner may
request arbitration of the dispute under Section 43.0565. A person
residing or owning land in an annexed area in a municipality with a
population of less than 1.6 million may enforce a service plan by
applying for a writ of mandamus not later than the second
anniversary of the date the person knew or should have known that
the municipality was not complying with the service plan. 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. 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) may require the municipality to pay the person's
costs and reasonable attorney's fees in bringing the action for the
writ.
(m) This section does not require that a uniform level of
full municipal services be provided to each area of the
municipality if different characteristics of topography, land use,
and population density constitute a sufficient basis for providing
different levels of service. Any disputes regarding the level of
services provided under this subsection are resolved in the same
manner provided by Subsection (l). Nothing in this subsection
modifies the requirement under Subsection (g) for a service plan to
provide a level of services in an annexed area that is equal or
superior to the level of services provided within the corporate
boundaries of the municipality before annexation. To the extent of
any conflict between this subsection and Subsection (g), Subsection
(g) prevails.
(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
(2) impose a fee for solid waste management services
on a person who continues to use the services of a privately owned
solid waste management service provider.
(o) A municipality is not required to provide solid waste
collection services under Subsection (b) to a person who continues
to use the services of a privately owned solid waste management
service provider as provided by Subsection (n).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(f), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 822, § 1, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., 1st C.S., ch. 3, § 4.011, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 969, § 2, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 1062, § 1, eff. June 17, 1995; Acts 1999, 76th
Leg., ch. 1167, § 7, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1185, § 2, eff. June 15,
2007.
§ 43.0561. ANNEXATION HEARING REQUIREMENTS.
(a) Before a municipality may institute annexation proceedings,
the governing body of the municipality must conduct two public
hearings at which persons interested in the annexation are given
the opportunity to be heard. The hearings must be conducted not
later than the 90th day after the date the inventory is available
for inspection.
(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 20 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 protest must state the name,
address, and age of each protester who signs. If a suitable site is
not reasonably available in the area proposed for annexation, the
hearing may be held outside the area proposed for annexation if the
hearing is held in the nearest suitable public facility.
(c) The municipality must post notice of the hearings on the
municipality's Internet website if the municipality has an Internet
website and publish notice of the hearings in a newspaper of general
circulation in the municipality and in the area proposed for
annexation. 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. The notice for each hearing must be posted on the
municipality's Internet website on or after the 20th day but before
the 10th day before the date of the hearing and must remain posted
until the date of the hearing. The municipality must give
additional 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
(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.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
§ 43.0562. NEGOTIATIONS REQUIRED. (a) After holding
the hearings as provided by Section 43.0561:
(1) if a municipality has a population of less than 1.6
million, the municipality and the property owners of the area
proposed for annexation shall negotiate for the provision of
services to the area after annexation or for the provision of
services to the area in lieu of annexation under Section 43.0563;
or
(2) if a municipality proposes to annex a special
district, as that term is defined by Section 43.052, the
municipality and the governing body of the district shall negotiate
for the provision of services to the area after annexation or for
the provision of services to the area in lieu of annexation under
Section 43.0751.
(b) For purposes of negotiations under Subsection (a)(1),
the commissioners court of the county in which the area proposed for
annexation is located shall select five representatives to
negotiate with the municipality for the provision of services to
the area after annexation. If the area proposed for annexation is
located in more than one county, the commissioners court of the
county in which the greatest number of residents reside shall
select three representatives to negotiate with the municipality,
and the commissioners courts of the remaining counties jointly
shall select two representatives to negotiate with the
municipality.
(c) For purposes of negotiations under Subsection (a)(2),
if more than one special district is located in the area proposed
for annexation, the governing boards of the districts may jointly
select five representatives to negotiate with the municipality on
behalf of all the affected districts.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
§ 43.0563. CONTRACTS FOR PROVISION OF SERVICES IN LIEU
OF ANNEXATION. (a) The governing body of a municipality with a
population of less than 1.6 million may negotiate and enter into a
written agreement for the provision of services and the funding of
the services in an area with:
(1) representatives designated under Section
43.0562(b), if the area is included in the municipality's
annexation plan; or
(2) an owner of an area within the extraterritorial
jurisdiction of the municipality if the area is not included in the
municipality's annexation plan.
(a-1) An agreement under this section may also include an
agreement related to permissible land uses and compliance with
municipal ordinances.
(b) An agreement under this section is in lieu of annexation
by the municipality of the area.
(c) In negotiating an agreement under this section, the
parties may agree to:
(1) any term allowed under Section 42.044 or 43.0751,
regardless of whether the municipality or the area proposed for
annexation would have been able to agree to the term under Section
42.044 or 43.0751; and
(2) any other term to which both parties agree to
satisfactorily resolve any dispute between the parties, including
the creation of any type of special district otherwise allowed by
state law.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1185, § 3, eff. June 15,
2007.
§ 43.0564. ARBITRATION REGARDING NEGOTIATIONS FOR
SERVICES. (a) If the municipality and the representatives of the
area proposed for annexation cannot reach an agreement for the
provision of services under Section 43.0562 or if the municipality
and the property owner representatives described by Section
43.0563(a)(1) cannot reach an agreement for the provision of
services in lieu of annexation under Section 43.0563, either party
by majority decision of the party's representatives may request the
appointment of an arbitrator to resolve the service plan issues in
dispute. The request must be made in writing to the other party
before the 60th day after the date the service plan is completed
under Section 43.056. The municipality may not annex the area
under another section of this chapter during the pendency of the
arbitration proceeding or an appeal from the arbitrator's decision.
(b) The parties to the dispute may agree on the appointment
of an arbitrator. If the parties cannot agree on the appointment of
an arbitrator before the 11th business day after the date
arbitration is requested, the mayor of the municipality shall
immediately request a list of seven neutral arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service or their successors in function. An
arbitrator included in the list must be a resident of this state and
may not be a resident of a county in which any part of the
municipality or any part of the district proposed for annexation is
located. The parties to the dispute may agree on the appointment of
an arbitrator included in the list. If the parties cannot agree on
the appointment of an arbitrator before the 11th business day after
the date the list is provided to the parties, each party or the
party's designee may alternately strike a name from the list. The
remaining person on the list shall be appointed as the arbitrator.
In this subsection, "business day" means a day other than a
Saturday, Sunday, or state or national holiday.
(c) The arbitrator shall:
(1) set a hearing to be held not later than the 10th
day after the date the arbitrator is appointed; and
(2) notify the parties to the arbitration in writing
of the time and place of the hearing not later than the eighth day
before the date of the hearing.
(d) The authority of the arbitrator is limited to issuing a
decision relating only to the service plan issues in dispute.
(e) The arbitrator may:
(1) receive in evidence any documentary evidence or
other information the arbitrator considers relevant;
(2) administer oaths; and
(3) issue subpoenas to require:
(A) the attendance and testimony of witnesses;
and
(B) the production of books, records, and other
evidence relevant to an issue presented to the arbitrator for
determination.
(f) Unless the parties to the dispute agree otherwise, the
arbitrator shall complete the hearing within two consecutive days.
The arbitrator shall permit each party one day to present evidence
and other information. The arbitrator, for good cause shown, may
schedule an additional hearing to be held not later than the seventh
day after the date of the first hearing. Unless otherwise agreed to
by the parties, the arbitrator must issue a decision in writing and
deliver a copy of the decision to the parties not later than the
14th day after the date of the final hearing.
(g) Either party may appeal any provision of an arbitrator's
decision that exceeds the authority granted under Subsection (d) to
a district court in a county in which the area proposed for
annexation is located.
(h) If the municipality does not agree with the terms of the
arbitrator's decision, the municipality may not annex the area
proposed for annexation before the fifth anniversary of the date of
the arbitrator's decision.
(i) Except as provided by this subsection, the municipality
shall pay the cost of arbitration. If the arbitrator finds that the
request for arbitration submitted by the representatives of the
area proposed for annexation was groundless or requested in bad
faith or for the purposes of harassment, the arbitrator may require
the area proposed for annexation to pay all or part of the cost of
arbitration.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1185, § 4, eff. June 15,
2007.
§ 43.0565. ARBITRATION REGARDING ENFORCEMENT OF SERVICE
PLAN. (a) A person who requests arbitration as provided by
Section 43.056(l) must request the appointment of an arbitrator in
writing to the municipality.
(b) Sections 43.0564(b), (c), and (e) apply to appointment
of an arbitrator and the conduct of an arbitration proceeding under
this section.
(c) In an arbitration proceeding under this section, the
municipality has the burden of proving that the municipality is in
compliance with the service plan requirements.
(d) If the arbitrator finds that the municipality has not
complied with the service plan requirements:
(1) the municipality may disannex the area before the
31st day after the date the municipality receives a copy of the
arbitrator's decision; and
(2) the arbitrator may:
(A) require the municipality to comply with the
service plan in question before a reasonable date specified by the
arbitrator if the municipality does not disannex the area;
(B) 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; and
(C) require the municipality to pay the costs of
arbitration, including the reasonable attorney's fees and
arbitration costs of the person requesting arbitration.
(e) If the arbitrator finds that the municipality has
complied with the service plan requirements, the arbitrator may
require the person requesting arbitration to pay all or part of the
cost of arbitration, including the reasonable attorney's fees of
the municipality.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
§ 43.0567. PROVISION OF WATER OR SEWER SERVICE IN
POPULOUS MUNICIPALITY. (a) The requirements of this section are
in addition to those prescribed by Section 43.056.
(b) A municipality with a population of more than 1.6
million that includes within its boundaries annexed areas without
water service, sewer service, or both:
(1) shall develop a service plan that:
(A) must identify developed tracts in annexed
areas of the municipality that do not have water service, sewer
service, or both and must provide a procedure for providing water
service, sewer service, or both to those developed tracts;
(B) must establish a timetable for providing
service based on a priority system that considers potential health
hazards, population density, the number of existing buildings, the
reasonable cost of providing service, and the desires of the
residents;
(C) must include a capital improvements plan
committing the necessary financing;
(D) may relieve the municipality from an
obligation to provide water service, sewer service, or both in an
area described in the service plan if a majority of the households
in the area sign a petition stating they do not want to receive the
services; and
(E) may require property owners to connect to
service lines constructed to serve their area;
(2) shall provide water service, sewer service, or
both to at least 75 percent of the residential buildings in annexed
areas of the municipality that did not have water service, sewer
service, or both on September 1, 1991;
(3) shall provide water service to each area annexed
before January 1, 1993, if the area or subdivision as described in
the service plan contains at least 25 residences without water
service, unless a majority of the households in the area state in a
petition that they do not want municipal water service; and
(4) is subject to the penalty prescribed by Section
5.235(n)(6), Water Code, for the failure to provide services.
Added by Acts 1993, 73rd Leg., ch. 772, § 2, eff. Aug. 30, 1993.
Amended by Acts 1997, 75th Leg., ch. 165, § 23.01, eff. Sept. 1,
1997. Renumbered from § 43.0565 and amended by Acts 1999, 76th
Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
§ 43.057. ANNEXATION THAT SURROUNDS AREA: FINDINGS
REQUIRED. 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
MUNICIPAL ANNEXATION PLAN
§ 43.061. APPLICABILITY. This subchapter applies to an
area proposed for annexation that is not required to be included in
a municipal annexation plan under Section 43.052.
Added by Acts 1999, 76th Leg., ch. 1167, § 9, eff. Sept. 1, 1999.
§ 43.062. PROCEDURES APPLICABLE. (a) Sections 43.051,
43.054, 43.0545, 43.055, 43.0565, 43.0567, and 43.057 apply to the
annexation of an area to which this subchapter applies.
(b) This subsection applies only to an area described by
Section 43.052(h)(1). Before the 30th day before the date of the
first hearing required under Section 43.063, a municipality shall
give written notice of its intent to annex the area to:
(1) each property owner in an area proposed for
annexation, as indicated by the appraisal records furnished by the
appraisal district for each county in which the area is located;
(2) each public entity, as defined by Section 43.053,
or private entity that provides services in the area proposed for
annexation; and
(3) 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.
Added by Acts 1999, 76th Leg., ch. 1167, § 9, eff. Sept. 1, 1999.
§ 43.063. ANNEXATION HEARING REQUIREMENTS. (a) Before
a municipality may institute annexation proceedings, the governing
body of the municipality must conduct two public hearings at which
persons interested in the annexation are given the opportunity to
be heard. 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.
(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 protest
must state the name, address, and age of each protester who signs.
(c) The municipality must post notice of the hearings on the
municipality's Internet website if the municipality has an Internet
website and publish notice of the hearings in a newspaper of general
circulation in the municipality and in the area proposed for
annexation. 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. The notice for each hearing must be posted on the
municipality's Internet website on or after the 20th day but before
the 10th day before the date of the hearing and must remain posted
until the date of the hearing. The municipality must give
additional notice by certified mail to 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.
Added by Acts 1999, 76th Leg., ch. 1167, § 9, eff. Sept. 1, 1999.
§ 43.064. PERIOD FOR COMPLETION OF ANNEXATION;
EFFECTIVE DATE. (a) The annexation of an area must be completed
within 90 days after the date the governing body institutes the
annexation proceedings or those proceedings are void. 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) Notwithstanding any provision of a municipal charter to
the contrary, the governing body of a municipality with a
population of 1.6 million or more may provide that an annexation
take effect on any date within 90 days after the date of the
adoption of the ordinance providing for the annexation.
Added by Acts 1999, 76th Leg., ch. 1167, § 9, eff. Sept. 1, 1999.
§ 43.065. PROVISION OF SERVICES TO ANNEXED AREA.
(a) Before the publication of the notice of the first hearing
required under Section 43.063, the governing body of the
municipality proposing the annexation shall direct its planning
department or other appropriate municipal department to prepare a
service plan that provides for the extension of full municipal
services to the area to be annexed. The municipality shall provide
the services by any of the methods by which it extends the services
to any other area of the municipality.
(b) Sections 43.056(b)-(o) apply to the annexation of an
area to which this subchapter applies.
Added by Acts 1999, 76th Leg., ch. 1167, § 9, eff. Sept. 1, 1999.
SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS
§ 43.071. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT.
(a) In this section, "water or sewer district" means a district or
authority created under Article III, Section 52, Subsections (b)(1)
and (2), or under Article XVI, Section 59, of the Texas Constitution
that provides or proposes to provide, as its principal function,
water services or sewer services or both to household users. The
term does not include a district or authority the primary function
of which is the wholesale distribution of water.
(b) A municipality may not annex area in a water or sewer
district unless it annexes the entire part of the district that is
outside the municipality's boundaries. This restriction does not
apply to the annexation of area in a water or sewer district if the
district is wholly or partly in the extraterritorial jurisdiction
of more than one municipality.
(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
(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.
(d) Area annexed under Subsection (b) is included in
computing the amount of area that a municipality may annex under
Section 43.055 in a calendar year. 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.
(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
(C) the annexed area does not exceed 525 feet in
width at its widest point;
(2) a water or sewer district that has a noncontiguous
part that is not within the extraterritorial jurisdiction of the
municipality; or
(3) a part of a special utility district created or
operating under Chapter 65, Water Code.
(f) To annex the entire part of a water or sewer district
that is outside the municipality's boundaries, a general-law
municipality incorporated after 1983 that is, after incorporation
of the district, incorporated over all or any part of the district
may annex territory by ordinance without the consent of the
inhabitants or property owners of the territory.
(g) For an annexation of an area in a water or sewer district
that is wholly or partly in the overlapping extraterritorial
jurisdiction of two or more municipalities, any one of those
municipalities is not required to obtain under Section 42.023 the
written consent of any of the other municipalities in order to annex
the area if:
(1) the area contains less than 100 acres;
(2) the annexing municipality, before June 1, 2005,
annexed more than 50 percent of the territory of the water or sewer
district, as the district existed on the date of its creation; and
(3) the entire water or sewer district would be
contained in the annexing municipality after completion of the
annexation.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 4(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1058, § 3, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1178, § 1, eff. September
1, 2007.
§ 43.0712. INVALIDATION OF ANNEXATION OF SPECIAL
DISTRICT; REIMBURSEMENT OF DEVELOPER. (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.
(b) Upon resumption of the functions of the special
district:
(1) the municipality shall succeed to the contractual
rights of the developer to be reimbursed by the special district for
the utilities the municipality acquires from the developer; and
(2) the special district shall resume the use of the
utilities acquired and paid for by the municipality and shall
thereafter acquire the utilities from the municipality and
reimburse the municipality for amounts the municipality paid the
developer. The payment to the municipality shall be governed by the
requirements of the Texas Natural Resource Conservation
Commission.
Added by Acts 1999, 76th Leg., ch. 1167, § 10, eff. Sept. 1,
1999.
§ 43.0715. ANNEXATION OF WATER-RELATED SPECIAL
DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION
OF DISTRICT AND TAXING AUTHORITY. (a) In this section:
(1) "Special district" means a political subdivision
one purpose of which is to supply fresh water for domestic or
commercial use or to furnish sanitary sewer services or drainage.
(2) "Delinquent sum" means the sum a municipality has
failed to timely pay to a landowner or developer under Subsection
(b).
(b) If a municipality with a population of less than 1.5
million annexes a special district for full or limited purposes and
the annexation precludes or impairs the ability of the district to
issue bonds, the municipality shall, prior to the effective date of
the annexation, pay in cash to the landowner or developer of the
district a sum equal to all actual costs and expenses incurred by
the landowner or developer in connection with the district that the
district has, in writing, agreed to pay and that would otherwise
have been eligible for reimbursement from bond proceeds under the
rules and requirements of the Texas Natural Resource Conservation
Commission as such rules and requirements exist on the date of
annexation. For an annexation that is subject to preclearance by a
federal authority, a payment will be considered timely if the
municipality: (i) escrows the reimbursable amounts determined in
accordance with Subsection (c) prior to the effective date of the
annexation; and (ii) subsequently causes the escrowed funds and
accrued interest to be disbursed to the developer within five
business days after the municipality receives notice of the
preclearance.
(c) At the time notice of the municipality's intent to annex
the land within the district is first published in accordance with
Section 43.052, the municipality shall proceed to initiate and
complete a report for each developer conducted in accordance with
the format approved by the Texas Natural Resource Conservation
Commission for audits. 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. The amount of such costs, as estimated
by the district, shall be escrowed by the municipality for the
benefit of the persons entitled to receive payment in an insured
interest-bearing account with a financial institution authorized
to do business in the state. To compensate the developer for the
municipality's use of the infrastructure facilities pending the
determination of the reimbursement amount or federal preclearance,
all interest accrued on the escrowed funds shall be paid to the
developer whether or not the annexation is valid. Upon placement of
the funds in the escrow account, the annexation may become
effective. 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. Either the municipality or developer may, by written
notice to the other party, require disputes regarding the amount
owed under this section to be subject to nonbinding arbitration in
accordance with the rules of the American Arbitration Association.
(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. For an annexation occurring prior to the effective
date of the changes in law made by this Act in amending Subsection
(b), a delinquent sum begins incurring a penalty on the first day of
the eighth month following the month in which the municipality
enacted its annexation ordinance. For an annexation occurring
after the effective date of this Act, a delinquent sum begins
incurring a penalty on the first day after the date the municipality
enacts its annexation ordinance.
Added by Acts 1989, 71st Leg., ch. 1, § 3(g), eff. Aug. 28, 1989.
Amended by Acts 1989, 71st Leg., ch. 17, § 1(2), eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 1058, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 597, § 81, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 76, § 11.255, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 544, § 1, eff. June 18, 1999.
§ 43.072. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT
BY HOME-RULE MUNICIPALITY. (a) This section applies to a
municipal utility district that is located entirely in the
extraterritorial jurisdiction of a single general-law municipality
and that has a common boundary with at least one home-rule
municipality.
(b) A home-rule municipality having a common boundary with a
district subject to this section may annex the area of the district
if:
(1) the annexation is approved by a majority of the
qualified voters who vote on the question at an election held under
this section;
(2) the annexation is completed before the date that
is one year after the date of the election; and
(3) all the area of the district is annexed.
(c) Area annexed under Subsection (b) is included in
computing the amount of area that a municipality may annex under
Section 43.055 in a calendar year. 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.
(d) Annexation of area under this section is exempt from the
provisions of this chapter that prohibit:
(1) a municipality from annexing area outside its
extraterritorial jurisdiction;
(2) annexation of area narrower than the minimum width
prescribed by Section 43.054; or
(3) reduction of the extraterritorial jurisdiction of
a municipality without the written consent of the municipality's
governing body.
(e) If the district is composed of two or more tracts, at
least one of which is not contiguous to the home-rule municipality,
the fact that the annexation will result in one or more parts of the
home-rule municipality being not contiguous to the rest of the
municipality does not affect the municipality's authority to annex
the district.
(f) The extraterritorial jurisdiction of a home-rule
municipality is not expanded by the annexation of area under this
section.
(g) The board of directors of the district may order an
election under this section. The board shall conduct the election
in the area composed of the district and the general-law
municipality. A person who is qualified to vote in the general-law
municipality or the district is eligible to vote in the election.
(h) The board of directors shall set the date of the
election for the first uniform election date that falls on or after
the 30th day after the date of the order. If a state law prescribing
uniform election dates is not in effect on the date of the order,
the board shall set the election for a date that falls on or after
the 30th day but before the 60th day after the date of the order.
(i) The board of directors shall give notice of the election
in the manner provided for an election of the members of the board.
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)."
(j) Promptly after the board of directors declares the
result of the election:
(1) the board shall mail or deliver a certified copy of
the resolution declaring the result of the election to the mayor and
the secretary of each of the two affected municipalities; and
(2) if the election authorizes annexation of the
district by the home-rule municipality, the board shall file a
certified copy of the resolution in the deed records of each county
in which the district is located.
(k) During the time that an election under this section is
pending, the general-law municipality may not annex area in the
district. 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. 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. If proceedings are completed while the
election is pending, the annexation, to the extent that it includes
area in the district, takes effect only if the election results in
the defeat of the question and, in that case, it takes effect on the
date the result of the election is officially declared.
(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.
(m) If a district holds an election under this section, the
district may not hold another election under this section before
the date that is one year after the date of the earlier election,
except that if an election is held on a uniform election date
prescribed by law, the subsequent election may be held on the
corresponding uniform election date of the following year.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(h), eff. Aug. 28, 1989.
§ 43.073. ABOLITION OF, OR DIVISION OF FUNCTIONS OF,
LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION
OF MORE THAN 500,000. (a) This section applies to a municipality
with a population of more than 500,000 that annexes all or part of
the area in a levee improvement district organized under the laws of
this state.
(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
(3) shall perform all the functions of the district,
including the provision of services.
(c) The district is abolished on the annexation of all of
its area by the municipality. 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. On the annexation of all of the area
of the district, the municipality may refund, in whole or in part,
any outstanding bonded indebtedness and may provide for a
sufficient sinking fund to meet any refunding bonds issued.
(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. The amount of taxes levied by the district against a
parcel of real estate subsequently annexed by the municipality
shall be credited against any property taxes levied against the
parcel by the municipality.
(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. That
operating contract may extend for a period, not to exceed 30 years,
stipulated in the contract and is subject to amendment, renewal, or
termination by the mutual consent of the governing bodies. The
contract may not impair the obligation of another contract of the
municipality or 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 not be required to perform
any drainage functions in the district. The municipality may, with
the consent of the district, construct and maintain drainage
facilities in the district that are consistent with the reclamation
plan of the district. The municipality may perform all other
municipal functions that the municipality is authorized to perform
and that the district is not engaged in performing nor authorized to
perform.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 597, § 82, eff. Sept. 1, 1991.
§ 43.074. ABOLITION OF WATER-RELATED SPECIAL DISTRICT
CREATED WHOLLY IN MUNICIPALITY. (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.
(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:
(1) that:
(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
(2) that the abolition of the district is in the best
interests of the residents and property in the municipality and the
district.
(c) If before the effective date of the ordinance or if
within 30 days after the effective date or the date of the
publication of the ordinance, a petition that is signed and
verified by a number of qualified voters of the municipality equal
to at least 10 percent of the total votes cast at the most recent
election for municipal officers is filed with the secretary of the
municipality protesting the enactment or enforcement of the
ordinance, the ordinance is suspended and any action taken under
the ordinance is void. Immediately after the filing of the
petition, the secretary shall present it to the governing body.
Immediately after the presentation of the petition, the governing
body shall reconsider the ordinance. If the governing body does not
repeal the ordinance, the governing body shall submit it to a
popular vote at the next municipal election or at a special election
the governing body may order for that purpose. The ordinance does
not take effect unless a majority of the votes received in the
election favor the ordinance.
(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. The municipality
shall perform the services and other functions that were performed
by the district.
(e) If a district bond, warrant, or other obligation payable
in whole or in part from property taxes is assumed 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.
(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. The refunding bonds must be issued in the manner
provided by Chapter 1207, Government Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1064, § 35, eff. Sept. 1, 1999.
§ 43.075. ABOLITION OF, OR DIVISION OF FUNCTIONS OF,
WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN
ONE MUNICIPALITY. (a) This section applies to:
(1) a municipality that annexes all or part of the area
in a water control and improvement district, fresh water supply
district, or municipal utility district organized for the primary
purpose of providing municipal functions such as the supplying of
fresh water for domestic or commercial uses or the furnishing of
sanitary sewer service or drainage service; or
(2) a municipality:
(A) that, by incorporation of the municipality,
includes in the municipality all or part of the area in a district
described by Subdivision (1); and
(B) the governing body of which adopts, by a vote
of at least two-thirds of its entire membership, an ordinance
making this section applicable to the municipality.
(b) This section does not apply if the district includes
area located in more than one municipality.
(c) The municipality succeeds to the powers, duties,
assets, and obligations of the district as provided by this
section. This section does not prohibit the municipality from
continuing to operate utility facilities in the district that are
owned and operated by the municipality on the date the area becomes
a part of the municipality.
(d) If all the area in the district becomes a part of the
municipality, the municipality:
(1) shall take over all the property and other assets
of the district;
(2) assumes all the debts, liabilities, and
obligations of the district; and
(3) shall perform all the functions of the district,
including the provision of services.
(e) The governing body of the municipality by ordinance
shall designate the date on which the duties and the assumption
under Subsection (d) take effect. The date must be set for a day
within 90 days after the date the area becomes a part of the
municipality. 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. The
district is abolished on the date the duties and assumption take
effect.
(f) If only part of the area in the district becomes a part
of the municipality, 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.
(g) If only part of the area in the district becomes a part
of the municipality, 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. That operating contract may extend for a
period, not to exceed 30 years, stipulated in the contract and is
subject to amendment, renewal, or termination by the mutual consent
of the governing bodies. The contract may not impair the obligation
of another contract of the municipality or district. 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. However, the
municipality may perform in the district all other municipal
functions in which the district is not engaged.
(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. The
municipality may issue refunding bonds or warrants to refund bonds,
warrants, or other obligations, including unpaid earned interest on
them, that is assumed by the municipality. The refunding bonds or
warrants must be issued in the manner provided by Chapter 1207,
Government Code. 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.
(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. The municipality may combine the district
system or property with the municipality's similar system or
property if:
(1) the municipality has no outstanding revenue bonds,
warrants, or other obligations payable from and secured by a pledge
of the net revenue of its own utility system or property; or
(2) the municipality:
(A) has outstanding obligations payable from and
secured by a pledge of net revenues sufficient to meet the
outstanding obligations; and
(B) those revenues have produced, during the
five-year period before May 30, 1959, an annual surplus in an amount
sufficient to meet the annual obligations for which the district
revenues are pledged.
(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.
(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. The
municipality shall perform the duties and other functions imposed
by law or contract on the governing body of the district relating to
the district's outstanding bonds, warrants, or other obligations
and shall separately perform the duties and other functions
relating to the bonds, warrants, and other obligations of the
municipal system. The municipality may allocate overhead expenses
between any two or more systems in direct proportion to the gross
income of each system.
(l) The municipality may issue revenue refunding bonds in
its own name for the purpose of refunding outstanding district
revenue bonds, warrants, or other obligations, including unpaid
accrued interest on them, that are assumed by the municipality
under this section. The municipality may combine different issues
of district and municipal revenue bonds, warrants, or other
obligations into one series of revenue refunding bonds and may
pledge the net revenues of the utility systems or property to the
payment of the refunding bonds as the governing body considers
proper. 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.
Refunding bonds must bear interest at the same rate or at a lower
rate than that borne by the refunded obligations unless it is shown
mathematically that a different rate results in a savings in the
total amount of interest to be paid.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1064, § 36, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 8.285, eff. Sept. 1, 2001.
§ 43.0751. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF
CERTAIN DISTRICTS. (a) In this section:
(1) "District" means a water control and improvement
district or a municipal utility district created or operating under
Chapter 51 or 54, Water Code.
(2) "Limited district" means a district that, pursuant
to a strategic partnership agreement, continues to exist after
full-purpose annexation by a municipality in accordance with the
terms of a strategic partnership agreement.
(3) "Strategic partnership agreement" means a written
agreement described by this section between a municipality and a
district.
(b) The governing bodies of a municipality and a district
may negotiate and enter into a written strategic partnership
agreement for the district by mutual consent. The governing body of
a municipality, on written request from a district included in the
municipality's annexation plan under Section 43.052, shall
negotiate and enter into a written strategic partnership agreement
with the district. A district included in a municipality's
annexation plan under Section 43.052:
(1) may not submit its written request before the date
of the second hearing required under Section 43.0561; and
(2) must submit its written request before the 61st
day after the date of the second hearing required under Section
43.0561.
(c) A strategic partnership agreement shall not be
effective until adopted by the governing bodies of the municipality
and the district. The agreement shall be recorded in the deed
records of the county or counties in which the land included within
the district is located and shall bind each owner and each future
owner of land included within the district's boundaries on the date
the agreement becomes effective.
(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. 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. The notice must be in the
format prescribed by Section 43.123(b) and must be published at
least once on or after the 20th day before each date. 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.
Any notice of a public hearing conducted under this subsection
shall contain a statement of the purpose of the hearing, the date,
time, and place of the hearing, and the location where copies of the
proposed agreement may be obtained prior to the hearing. 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.
(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