By Mowery H.B. No. 2329
76R7802 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a revision of the procedures for municipal annexation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.021, Local Government Code, is amended
1-5 to read as follows:
1-6 Sec. 43.021. AUTHORITY OF [HOME-RULE] MUNICIPALITY TO ANNEX
1-7 AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A [home-rule]
1-8 municipality may take the following actions according to rules as
1-9 may be provided by the charter of the municipality and not
1-10 inconsistent with the procedural rules prescribed by this chapter:
1-11 (1) fix the boundaries of the municipality;
1-12 (2) extend the boundaries of the municipality and
1-13 annex area adjacent to the municipality; and
1-14 (3) exchange area with other municipalities.
1-15 SECTION 2. Section 43.027, Local Government Code, is amended
1-16 to read as follows:
1-17 Sec. 43.027. AUTHORITY OF [GENERAL-LAW] MUNICIPALITY TO
1-18 ANNEX NAVIGABLE STREAM. The governing body of a [general-law]
1-19 municipality by ordinance may annex any navigable stream adjacent
1-20 to the municipality and within the municipality's extraterritorial
1-21 jurisdiction.
1-22 SECTION 3. Section 43.029, Local Government Code, is amended
1-23 to read as follows:
1-24 Sec. 43.029. AUTHORITY OF MUNICIPALITY [CERTAIN SMALL
2-1 MUNICIPALITIES] TO ANNEX UNOCCUPIED AREA ON PETITION OF SCHOOL
2-2 BOARD. (a) [This section applies only to a municipality with a
2-3 population of:]
2-4 [(1) 900 to 920;]
2-5 [(2) 1,251 to 1,259; or]
2-6 [(3) 3,944 to 3,964.]
2-7 [(b)] This section applies only to the annexation of an area
2-8 that is:
2-9 (1) contiguous to the annexing municipality; and
2-10 (2) vacant and without residents.
2-11 (b) [(c)] The board of trustees of a public school occupying
2-12 the area may petition the governing body of the municipality in
2-13 writing to annex the area. Sections 43.028(c)-(f) apply to the
2-14 petition and annexation under this section in the same manner in
2-15 which they apply to the petition and annexation under that section.
2-16 SECTION 4. Subchapter B, Chapter 43, Local Government Code,
2-17 is amended by adding Section 43.035 to read as follows:
2-18 Sec. 43.035. AUTHORITY OF MUNICIPALITY TO ANNEX CERTAIN
2-19 COUNTY ROADS. A municipality may annex a county road or
2-20 right-of-way only if:
2-21 (1) the county road or right-of-way includes only real
2-22 property that is exempt from ad valorem taxation;
2-23 (2) the entirety of the county road or right-of-way
2-24 proposed for annexation is contiguous to the annexing municipality;
2-25 and
2-26 (3) the municipality and the county in which the
2-27 county road or right-of-way proposed for annexation is located
3-1 approve the proposed annexation after a public meeting of each
3-2 governing body, provided that the proposed annexation is listed as
3-3 an item in the published notice for each meeting.
3-4 SECTION 5. Subchapter C, Chapter 43, Local Government Code,
3-5 is amended by amending Section 43.052 and adding Sections
3-6 43.0521-43.0524 to read as follows:
3-7 Sec. 43.052. NOTICE OF INTENT TO ANNEX REQUIRED. (a) A
3-8 municipality that proposes to annex an area under Section 43.0522
3-9 shall file with the county clerk, commissioners court, and county
3-10 tax assessor-collector of each county in which the area proposed
3-11 for annexation is located a written notice of intent to annex that
3-12 includes:
3-13 (1) a description of the area proposed for annexation
3-14 sufficient to identify the area; and
3-15 (2) a map of the area proposed for annexation.
3-16 (b) The map must include each county road and right-of-way
3-17 that:
3-18 (1) is exempt from ad valorem taxation; and
3-19 (2) is within or contiguous to the boundaries of the
3-20 area proposed for annexation.
3-21 Sec. 43.0521. ANNEXATION HEARING REQUIREMENTS. (a) On or
3-22 after the 20th day but before the 30th day after the date a
3-23 municipality files a notice of intent to annex under Section 43.052
3-24 [Before a municipality may institute annexation proceedings], the
3-25 governing body of the municipality must conduct the first of two
3-26 public hearings at which persons interested in the annexation are
3-27 given the opportunity to be heard. The second public hearing
4-1 [hearings] must be conducted on or after the 50th [40th] day but
4-2 before the 60th [20th] day after [before] the date [of] the
4-3 municipality files the notice of intent to annex under Section
4-4 43.052 [institution of the proceedings].
4-5 (b) The [At least one of the] hearings must be held in the
4-6 area proposed for annexation [if more than 20 adult residents of
4-7 the area file a written protest of the annexation with the
4-8 secretary of the municipality within 10 days after the date of the
4-9 publication of the notice required by this section. The protest
4-10 must state the name, address, and age of each protester who signs].
4-11 (c) The municipality must provide the following notices of
4-12 the first public hearing on or before the 10th day before the date
4-13 of the hearing:
4-14 (1) [publish] notice by publication at least once [of
4-15 the hearings] in a newspaper of general circulation in the
4-16 municipality and in the area proposed for annexation;
4-17 (2) notice by posting in at least three conspicuous
4-18 public places in the area proposed for annexation;
4-19 (3) notice by first class mail sent to the county
4-20 judge of each county in which the area proposed for annexation is
4-21 located;
4-22 (4) notice, with the map described by Section 43.052
4-23 attached, by first class mail to each owner of real and personal
4-24 property located in the area proposed for annexation as indicated
4-25 by the appraisal records furnished by the appraisal district for
4-26 each county in which the area proposed for annexation is located,
4-27 if the owner's property would be subject to taxation by the
5-1 municipality after annexation; and
5-2 (5) [. The notice for each hearing must be published
5-3 at least once on or after the 20th day but before the 10th day
5-4 before the date of the hearing. The municipality must give
5-5 additional] notice by certified mail to each railroad company that
5-6 serves the municipality and is on the municipality's tax roll if
5-7 the company's right-of-way is in the area proposed for annexation.
5-8 (d) The municipality must publish notice of the second
5-9 public hearing in a newspaper of general circulation in the
5-10 municipality and in the area proposed for annexation on or before
5-11 the 10th day before the date of the hearing.
5-12 (e) On or before the 30th day after the date a municipality
5-13 proposing an annexation submits a written request for tax records,
5-14 the chief appraiser for each appraisal district in which the area
5-15 proposed for annexation is located shall furnish to the
5-16 municipality the name and address of each owner of real and
5-17 personal property located in the area proposed for annexation and
5-18 the appraised value of the property.
5-19 Sec. 43.0522. PETITION REQUIRED. (a) Except as provided by
5-20 Subsection (e), a municipality may not annex an area unless the
5-21 municipality complies with the petition requirements of this
5-22 section.
5-23 (b) During the one-year period following the date of the
5-24 last hearing under Section 43.0521, the municipality may circulate
5-25 a written petition to obtain the consent of owners of real and
5-26 personal property to the proposed annexation.
5-27 (c) The municipality may annex an area only if the
6-1 municipality:
6-2 (1) obtains the signatures on the petition of:
6-3 (A) the owners of property constituting at least
6-4 one-half of the appraised value of real and personal property
6-5 located in the area proposed for annexation as determined under
6-6 Section 43.0523 that would be subject to taxation by the
6-7 municipality after annexation; and
6-8 (B) at least one-half of the owners of real and
6-9 personal property located in the area proposed for annexation as
6-10 determined under Section 43.0523 that would be subject to taxation
6-11 by the municipality after annexation;
6-12 (2) files the petition with the county clerk of each
6-13 county in which the area proposed for annexation is located;
6-14 (3) submits a sworn affidavit with the petition
6-15 verifying that no part of the area proposed for annexation is
6-16 included as part of a previous notice of intent to annex that is
6-17 pending; and
6-18 (4) adopts an ordinance annexing the area.
6-19 (d) The municipality may not amend the notice of intent to
6-20 annex to increase or reduce the area proposed for annexation after
6-21 the petition begins to be circulated for signatures.
6-22 (e) This section does not apply if:
6-23 (1) the annexation is under Section 43.027, 43.028,
6-24 43.029, 43.031, or 43.035; or
6-25 (2) the annexation is for limited purposes under
6-26 Subchapter F.
6-27 Sec. 43.0523. DETERMINATION OF NUMBER OF SIGNATURES
7-1 REQUIRED. (a) For purposes of determining the number of
7-2 signatures required under Section 43.0522(c)(1)(A), the appraised
7-3 value of the real and personal property located in the area
7-4 proposed for annexation is the appraised value as reflected in the
7-5 most recent appraisal records of the appraisal district for each
7-6 county in which the area proposed for annexation is located.
7-7 (b) For purposes of determining the number of signatures
7-8 required under Section 43.0522(c)(1)(B), the number of owners of
7-9 real and personal property located in the area proposed for
7-10 annexation is determined as follows:
7-11 (1) the number of owners of real and personal property
7-12 located in the area proposed for annexation is the number of owners
7-13 as reflected in the most recent appraisal records of the appraisal
7-14 district for each county in which the area proposed for annexation
7-15 is located;
7-16 (2) if an undivided parcel of property is owned by
7-17 multiple owners, the owners are considered one owner; and
7-18 (3) if one person owns multiple parcels of property,
7-19 the person is considered one owner.
7-20 Sec. 43.0524. PUBLIC INSPECTION OF ANNEXATION INFORMATION.
7-21 All information required to be filed under this subchapter relating
7-22 to a proposed annexation must be made available for public
7-23 inspection.
7-24 SECTION 6. Section 43.053, Local Government Code, is amended
7-25 to read as follows:
7-26 Sec. 43.053. PERIOD FOR COMPLETION OF ANNEXATION; EFFECTIVE
7-27 DATE. (a) A municipality must adopt an ordinance to complete an
8-1 annexation within 90 days after the date a petition is filed under
8-2 Section 43.0522 [The annexation of an area must be completed within
8-3 90 days after the date the governing body institutes the annexation
8-4 proceedings or those proceedings are void. Any period during which
8-5 the municipality is restrained or enjoined by a court of competent
8-6 jurisdiction from annexing the area is not included in computing
8-7 the 90-day period].
8-8 (b) An [Notwithstanding any provision of a municipal charter
8-9 to the contrary, the governing body of a municipality with a
8-10 population of 1.5 million or more may provide that an] annexation
8-11 takes [take] effect on the 30th day [any date within 90 days] after
8-12 the date of the adoption of the ordinance providing for the
8-13 annexation.
8-14 SECTION 7. Section 43.055(a), Local Government Code, is
8-15 amended to read as follows:
8-16 (a) In a calendar year, a municipality may not annex a total
8-17 area greater than 10 percent of the incorporated area of the
8-18 municipality as of January 1 of that year, plus any amount of area
8-19 carried over to that year under Subsection (b). In determining the
8-20 total area annexed in a calendar year, an area annexed for limited
8-21 purposes is included, but an annexed area is not included if it is:
8-22 (1) [annexed at the request of a majority of the
8-23 qualified voters of the area and the owners of at least 50 percent
8-24 of the land in the area;]
8-25 [(2)] owned by the municipality, a county, the state,
8-26 or the federal government and used for a public purpose; or
8-27 (2) [(3) annexed at the request of at least a majority
9-1 of the qualified voters of the area; or]
9-2 [(4)] annexed at the request of the owners of the
9-3 area.
9-4 SECTION 8. Sections 43.056(a), (g), and (h), Local
9-5 Government Code, are amended to read as follows:
9-6 (a) Before the publication of the notice of the first
9-7 hearing required under Section 43.0521 [43.052], the governing body
9-8 of the municipality proposing the annexation shall direct its
9-9 planning department or other appropriate municipal department to
9-10 prepare a service plan that provides for the extension of full
9-11 municipal services to the area to be annexed. The municipality
9-12 shall provide the services by any of the methods by which it
9-13 extends the services to any other area of the municipality.
9-14 (g) The proposed service plan must be made available for
9-15 public inspection and explained to the inhabitants of the area at
9-16 the public hearings held under Section 43.0521 [43.052]. The plan
9-17 may be amended through negotiation at the hearings, but the
9-18 provision of any service may not be deleted. On completion of the
9-19 public hearings, the service plan shall be attached to the
9-20 ordinance annexing the area and approved as part of the ordinance.
9-21 (h) On approval by the governing body, the service plan is a
9-22 contractual obligation that is not subject to amendment or repeal
9-23 except that if the governing body determines at the public hearings
9-24 required by this subsection that changed conditions or subsequent
9-25 occurrences make the service plan unworkable or obsolete, the
9-26 governing body may amend the service plan to conform to the changed
9-27 conditions or subsequent occurrences. An amended service plan must
10-1 provide for services that are comparable to or better than those
10-2 established in the service plan before amendment. Before any
10-3 amendment is adopted, the governing body must provide an
10-4 opportunity for interested persons to be heard at public hearings
10-5 called and held in the manner provided by Section 43.0521 [43.052].
10-6 SECTION 9. Subchapter C, Chapter 43, Local Government Code,
10-7 is amended by adding Sections 43.058 and 43.059 to read as follows:
10-8 Sec. 43.058. ZONING CLASSIFICATIONS. (a) A municipality
10-9 that annexes area under Section 43.0522 and that has a
10-10 comprehensive zoning ordinance applying to other parts of the
10-11 municipality shall adopt zoning classifications for the annexed
10-12 area that permit densities and uses no more restrictive than those
10-13 permitted in the area immediately before the annexation.
10-14 (b) A subsequent change in zoning in the annexed area must
10-15 comply with the general procedures established by the municipality
10-16 for rezoning land.
10-17 Sec. 43.059. SUIT TO CONTEST VALIDITY OF ANNEXATION. (a)
10-18 The attorney general, a county or district attorney for the county
10-19 in which area annexed under this subchapter is located, a municipal
10-20 attorney, or another affected party may file suit in a district
10-21 court in a county in which the annexed area is located to contest
10-22 the validity of an annexation under this subchapter. The suit must
10-23 be filed within 30 days after the date an ordinance annexing the
10-24 area is adopted.
10-25 (b) If more than one person files suit under this section,
10-26 the suits shall be consolidated.
10-27 (c) If a municipality other than the municipality annexing
11-1 the area presents evidence to the court demonstrating that the
11-2 municipality has actively pursued annexation of the area, the court
11-3 shall consider any oral or written agreements between the
11-4 municipalities in making a determination under this section.
11-5 SECTION 10. Sections 43.101(c) and (d), Local Government
11-6 Code, are amended to read as follows:
11-7 (c) [The area may be annexed without the consent of the
11-8 owners or residents of the area.]
11-9 [(d)] The municipality may annex the area even if part of
11-10 the area is outside the municipality's extraterritorial
11-11 jurisdiction or is narrower than the minimum width prescribed by
11-12 Section 43.054. Section 43.055, which relates to the amount of
11-13 area a municipality may annex in a calendar year, does not apply to
11-14 the annexation.
11-15 SECTION 11. Sections 43.102(c), (d), and (e), Local
11-16 Government Code, are amended to read as follows:
11-17 (c) [The area may be annexed without the consent of the
11-18 owners or residents of the area.]
11-19 [(d)] The municipality may annex the area even if the area
11-20 is outside the municipality's extraterritorial jurisdiction, is in
11-21 another municipality's extraterritorial jurisdiction, or is
11-22 narrower than the minimum width prescribed by Section 43.054.
11-23 Section 43.055, which relates to the amount of area a municipality
11-24 may annex in a calendar year, does not apply to the annexation.
11-25 (d) [(e)] The annexation under this section of area outside
11-26 the extraterritorial jurisdiction of the annexing municipality does
11-27 not expand the extraterritorial jurisdiction of the municipality.
12-1 SECTION 12. Section 43.103(a), Local Government Code, is
12-2 amended to read as follows:
12-3 (a) A general-law municipality with a population of 500 or
12-4 more may annex, by ordinance [and without the consent of any
12-5 person], the part of a street, highway, alley, or other public or
12-6 private way, including a railway line, spur, or roadbed, that is
12-7 adjacent and runs parallel to the boundaries of the municipality.
12-8 SECTION 13. Section 43.105(a), Local Government Code, is
12-9 amended to read as follows:
12-10 (a) A general-law municipality with a population of 984-986
12-11 or 4,540-4,545 may annex, by ordinance [and without the consent of
12-12 any person], a public street, highway, road, or alley adjacent to
12-13 the municipality.
12-14 SECTION 14. Section 43.123(d), Local Government Code, is
12-15 amended to read as follows:
12-16 (d) The regulatory plan must:
12-17 (1) identify the kinds of land use and other
12-18 regulations that will be imposed in the area if it is annexed for
12-19 limited purposes; and
12-20 (2) state the date on or before which the municipality
12-21 shall annex the area for full purposes, which date must be within
12-22 four [three] years after the date the area is annexed for limited
12-23 purposes.
12-24 SECTION 15. Section 43.128, Local Government Code, is
12-25 amended to read as follows:
12-26 Sec. 43.128. JUDICIAL REMEDY [REMEDIES]: [FORCED ANNEXATION
12-27 OR] DISANNEXATION. (a) If the municipality fails to annex the
13-1 area for full purposes as required by Section 43.127(a), any
13-2 affected person may petition the district court to compel [the
13-3 annexation of the area for full purposes or] the disannexation of
13-4 the area. On finding that the municipality has failed to annex the
13-5 area as required by Section 43.127(a), the court shall enter an
13-6 order requiring the municipality [to annex the area for full
13-7 purposes or] to disannex the area. If an area is disannexed, the
13-8 area may not be annexed again by the municipality for five years.
13-9 (b) If the municipality fails to take the steps required by
13-10 Section 43.127(b), any affected person may petition the district
13-11 court to compel [the annexation of a particular area for full
13-12 purposes or] the disannexation of the area. On finding that the
13-13 municipality has failed to take the steps required by Section
13-14 43.127(b), the court shall enter an order requiring the
13-15 municipality [to annex the area for full purposes or] to disannex
13-16 the area.
13-17 SECTION 16. Sections 43.022, 43.023, 43.024, 43.025, 43.026,
13-18 43.030, 43.032, 43.033, and 43.034, Local Government Code, are
13-19 repealed.
13-20 SECTION 17. The changes in law made by this Act do not apply
13-21 to an annexation for which the first hearing notice required by
13-22 Section 43.052, Local Government Code, as it existed immediately
13-23 before the effective date of this Act, is published before the
13-24 effective date of this Act. An annexation for which the first
13-25 hearing notice required by Section 43.052, Local Government Code,
13-26 as it existed immediately before the effective date of this Act, is
13-27 published before the effective date of this Act is governed by the
14-1 law in effect immediately before the effective date of this Act,
14-2 and the former law is continued in effect for that purpose.
14-3 SECTION 18. This Act takes effect September 1, 1999.
14-4 SECTION 19. The importance of this legislation and the
14-5 crowded condition of the calendars in both houses create an
14-6 emergency and an imperative public necessity that the
14-7 constitutional rule requiring bills to be read on three several
14-8 days in each house be suspended, and this rule is hereby suspended.