76R12180 PAM-D
By Madla, et al. S.B. No. 89
Substitute the following for S.B. No. 89:
By Bosse C.S.S.B. No. 89
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal annexation; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 42, Local Government Code,
1-5 is amended by adding Section 42.0225 to read as follows:
1-6 Sec. 42.0225. EXTRATERRITORIAL JURISDICTION AROUND CERTAIN
1-7 MUNICIPALLY OWNED PROPERTY. (a) This section applies only to an
1-8 area owned by a municipality that is:
1-9 (1) annexed by the municipality; and
1-10 (2) not contiguous to other territory of the
1-11 municipality.
1-12 (b) Notwithstanding Sections 42.021(2)-(5), the annexation
1-13 of the area expands the extraterritorial jurisdiction of the
1-14 municipality only to include the area located within one mile of
1-15 the boundaries of the annexed area.
1-16 (c) The extraterritorial jurisdiction of the municipality
1-17 does not expand following the annexation of territory located only
1-18 in the municipality's extraterritorial jurisdiction that is created
1-19 under Subsection (b).
1-20 SECTION 2. Subchapter A, Chapter 43, Local Government Code,
1-21 is amended by adding Section 43.002 to read as follows:
1-22 Sec. 43.002. CONTINUATION OF LAND USE. (a) A municipality
1-23 may not, after annexing an area, prohibit a person from:
1-24 (1) continuing to use land in the area in the manner
2-1 in which the land was being used on the date the annexation
2-2 proceedings were instituted if the land use was legal at that time;
2-3 or
2-4 (2) beginning to use land in the area in the manner
2-5 that was planned for the land before the 90th day before the
2-6 effective date of the annexation if:
2-7 (A) one or more licenses, certificates, permits,
2-8 approvals, or other forms of authorization by a governmental entity
2-9 were required by law for the planned land use; and
2-10 (B) a completed application for the initial
2-11 authorization was filed with the governmental entity before the
2-12 date the annexation proceedings were instituted.
2-13 (b) For purposes of this section, a completed application is
2-14 filed if the application includes all documents and other
2-15 information designated as required by the governmental entity in a
2-16 written notice to the applicant.
2-17 (c) This section does not prohibit a municipality from
2-18 imposing:
2-19 (1) a regulation relating to the location of sexually
2-20 oriented businesses as that term is defined by Section 243.002;
2-21 (2) a municipal ordinance, regulation, or other
2-22 requirement affecting colonias as that term is defined by Section
2-23 2306.581, Government Code;
2-24 (3) a regulation relating to preventing imminent
2-25 destruction of property or injury to persons;
2-26 (4) a regulation relating to public nuisances;
2-27 (5) a regulation relating to flood control;
3-1 (6) a regulation relating to the storage and use of
3-2 hazardous substances;
3-3 (7) a regulation relating to the sale and use of
3-4 fireworks; or
3-5 (8) a regulation relating to the discharge of
3-6 firearms.
3-7 SECTION 3. The heading to Subchapter C, Chapter 43, Local
3-8 Government Code, is amended to read as follows:
3-9 SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED
3-10 UNDER MUNICIPAL ANNEXATION PLAN
3-11 SECTION 4. Sections 43.052 and 43.053, Local Government
3-12 Code, are amended to read as follows:
3-13 Sec. 43.052. MUNICIPAL ANNEXATION PLAN REQUIRED. (a) In
3-14 this section, "special district" means a municipal utility
3-15 district, water control and improvement district, or other district
3-16 created under Section 52, Article III, or Section 59, Article XVI,
3-17 of the Texas Constitution.
3-18 (b) A municipality may annex an area identified in the
3-19 annexation plan only as provided by this section.
3-20 (c) A municipality shall prepare an annexation plan that
3-21 specifically identifies annexations that may occur beginning on the
3-22 third anniversary of the date the annexation plan is adopted. The
3-23 municipality may amend the plan to specifically identify
3-24 annexations that may occur beginning on the third anniversary of
3-25 the date the plan is amended.
3-26 (d) At any time during which an area is included in a
3-27 municipality's annexation plan, a municipal utility district or
4-1 other special district that will be abolished as a result of the
4-2 annexation, excluding an emergency services district, in which the
4-3 area is located may not without consent of the municipality:
4-4 (1) reduce the tax rate applicable to the area below
4-5 the effective tax rate or the rollback tax rate calculated under
4-6 Chapter 26, Tax Code;
4-7 (2) voluntarily transfer an asset without
4-8 consideration; or
4-9 (3) enter into a contract for services that extends
4-10 beyond the three-year annexation plan period other than a contract
4-11 with another political subdivision for the operation of water,
4-12 wastewater, and drainage facilities.
4-13 (e) A municipality may amend its annexation plan at any time
4-14 to remove an area proposed for annexation. If, before the end of
4-15 the 18th month after the month an area is included in the
4-16 three-year annexation cycle, a municipality amends its annexation
4-17 plan to remove the area, the municipality may not amend the plan to
4-18 again include the area in its annexation plan until the first
4-19 anniversary of the date the municipality amended the plan to remove
4-20 the area. If, during or after the 18 months after the month an
4-21 area is included in the three-year annexation cycle, a municipality
4-22 amends its annexation plan to remove the area, the municipality may
4-23 not amend the plan to again include the area in its annexation plan
4-24 until the second anniversary of the date the municipality amended
4-25 the plan to remove the area.
4-26 (f) Before the 90th day after the date a municipality adopts
4-27 or amends an annexation plan under this section, the municipality
5-1 shall give written notice to:
5-2 (1) each property owner in the affected area, as
5-3 indicated by the appraisal records furnished by the appraisal
5-4 district for each county in which the affected area is located,
5-5 that the area has been included in or removed from the
5-6 municipality's annexation plan;
5-7 (2) each public entity, as defined by Section 43.053,
5-8 or private entity that provides services in the area proposed for
5-9 annexation; and
5-10 (3) [ANNEXATION HEARING REQUIREMENTS. (a) Before a
5-11 municipality may institute annexation proceedings, the governing
5-12 body of the municipality must conduct two public hearings at which
5-13 persons interested in the annexation are given the opportunity to
5-14 be heard. The hearings must be conducted on or after the 40th day
5-15 but before the 20th day before the date of the institution of the
5-16 proceedings.]
5-17 [(b) At least one of the hearings must be held in the area
5-18 proposed for annexation if more than 20 adult residents of the area
5-19 file a written protest of the annexation with the secretary of the
5-20 municipality within 10 days after the date of the publication of
5-21 the notice required by this section. The protest must state the
5-22 name, address, and age of each protester who signs.]
5-23 [(c) The municipality must publish notice of the hearings in
5-24 a newspaper of general circulation in the municipality and in the
5-25 area proposed for annexation. The notice for each hearing must be
5-26 published at least once on or after the 20th day but before the
5-27 10th day before the date of the hearing. The municipality must
6-1 give additional notice by certified mail to] each railroad company
6-2 that serves the municipality and is on the municipality's tax roll
6-3 if the company's right-of-way is in the area proposed for
6-4 annexation.
6-5 (g) If an area is not removed from the municipality's
6-6 annexation plan, the annexation of the area under the plan must be
6-7 completed before the 31st day after the third anniversary of the
6-8 date the area was included in the annexation plan. If the
6-9 annexation is not completed within the period prescribed by this
6-10 subsection, the municipality may not annex the area proposed for
6-11 annexation before the fifth anniversary of the last day for
6-12 completing an annexation under this subsection.
6-13 (h) This section does not apply to an area proposed for
6-14 annexation if:
6-15 (1) the area contains fewer than 100 separate tracts
6-16 of land on which one or more residential dwellings are located;
6-17 (2) the area will be annexed by vote or petition of
6-18 the qualified voters or property owners as provided by Subchapter
6-19 B;
6-20 (3) the area is included within the boundaries of a
6-21 special district and the area is annexed at the request of the
6-22 district;
6-23 (4) the area is the subject of an industrial district
6-24 contract under Section 42.044;
6-25 (5) the area is located in a colonia, as that term is
6-26 defined by Section 2306.581, Government Code;
6-27 (6) the area is annexed under Section 43.026, 43.027,
7-1 43.029, or 43.031; or
7-2 (7) the municipality determines that the annexation of
7-3 the area is necessary to protect the area proposed for annexation
7-4 or the municipality from:
7-5 (A) imminent destruction of property or injury
7-6 to persons; or
7-7 (B) a condition or use that constitutes a public
7-8 or private nuisance as defined by background principles of nuisance
7-9 and property law of this state.
7-10 Sec. 43.053. INVENTORY OF SERVICES AND FACILITIES REQUIRED.
7-11 (a) In this section, "public entity" includes a municipality,
7-12 county, fire protection service provider, including a volunteer
7-13 fire department, emergency medical services provider, including a
7-14 volunteer emergency medical services provider, or a special
7-15 district as that term is defined by Section 43.052.
7-16 (b) After adopting an annexation plan or amending an
7-17 annexation plan to include additional areas under Section 43.052, a
7-18 municipality shall compile a comprehensive inventory of services
7-19 and facilities provided by public and private entities, directly or
7-20 by contract, in each area proposed for annexation. The inventory
7-21 of services and facilities must include all services and facilities
7-22 the municipality is required to provide or maintain following the
7-23 annexation.
7-24 (c) The municipality shall request, in the notice provided
7-25 under Section 43.052(f), the information necessary to compile the
7-26 inventory from each public or private entity that provides services
7-27 or facilities in each area proposed for annexation. The public or
8-1 private entity shall provide to the municipality the information
8-2 held by the entity that is necessary to compile the inventory not
8-3 later than the 90th day after the date the municipality requests
8-4 the information unless the entity and the municipality agree to
8-5 extend the period for providing the information. The information
8-6 provided under this subsection must include the type of service
8-7 provided, the method of service delivery, and all information
8-8 prescribed by Subsections (e) and (f). If a service provider fails
8-9 to provide the required information within the 90-day period, the
8-10 municipality is not required to include the information in an
8-11 inventory prepared under this section.
8-12 (d) The information required in the inventory shall be based
8-13 on the services and facilities provided during the year preceding
8-14 the date the municipality adopted the annexation plan or amended
8-15 the annexation plan to include additional areas.
8-16 (e) For utility facilities, roads, drainage structures, and
8-17 other infrastructure provided or maintained by public or private
8-18 entities, the inventory must include:
8-19 (1) an engineer's report that describes the physical
8-20 condition of all infrastructure elements in the area; and
8-21 (2) a summary of capital, operational, and maintenance
8-22 expenditures for that infrastructure.
8-23 (f) For police, fire, and emergency medical services
8-24 provided by public or private entities, the inventory must include
8-25 for each service:
8-26 (1) the average dispatch and delivery time;
8-27 (2) a schedule of equipment, including vehicles;
9-1 (3) a staffing schedule that discloses the
9-2 certification and training levels of personnel; and
9-3 (4) a summary of operating and capital expenditures.
9-4 (g) The municipality shall complete the inventory and make
9-5 the inventory available for public inspection on or before the 60th
9-6 day after the municipality receives the required information from
9-7 the service providers under Subsection (c).
9-8 (h) The municipality may monitor the services provided in an
9-9 area proposed for annexation and verify the inventory information
9-10 provided by the service provider. [PERIOD FOR COMPLETION OF
9-11 ANNEXATION; EFFECTIVE DATE. (a) The annexation of an area must be
9-12 completed within 90 days after the date the governing body
9-13 institutes the annexation proceedings or those proceedings are
9-14 void. Any period during which the municipality is restrained or
9-15 enjoined by a court of competent jurisdiction from annexing the
9-16 area is not included in computing the 90-day period.]
9-17 [(b) Notwithstanding any provision of a municipal charter to
9-18 the contrary, the governing body of a municipality with a
9-19 population of 1.5 million or more may provide that an annexation
9-20 take effect on any date within 90 days after the date of the
9-21 adoption of the ordinance providing for the annexation.]
9-22 SECTION 5. Subchapter C, Chapter 43, Local Government Code,
9-23 is amended by adding Section 43.0545 to read as follows:
9-24 Sec. 43.0545. ANNEXATION OF CERTAIN ADJACENT AREAS. (a) A
9-25 municipality may not annex an area that is located in the
9-26 extraterritorial jurisdiction of the municipality only because the
9-27 area is contiguous to municipal territory that is less than 1,000
10-1 feet in width at its narrowest point.
10-2 (b) A municipality may not annex an area that is located in
10-3 the extraterritorial jurisdiction of the municipality only because
10-4 the area is contiguous to municipal territory that:
10-5 (1) was annexed before September 1, 1999; and
10-6 (2) was in the extraterritorial jurisdiction of the
10-7 municipality at the time of annexation only because the territory
10-8 was contiguous to municipal territory that was less than 1,000 feet
10-9 in width at its narrowest point.
10-10 (c) Subsections (a) and (b) do not apply to an area:
10-11 (1) completely surrounded by incorporated territory of
10-12 one or more municipalities;
10-13 (2) for which the owners of the area have requested
10-14 annexation by the municipality;
10-15 (3) that is owned by the municipality; or
10-16 (4) that is the subject of an industrial district
10-17 contract under Section 42.044.
10-18 (d) Subsection (b) does not apply if the minimum width of
10-19 the narrow territory described by Subsection (b)(2), following
10-20 subsequent annexation, is no longer less than 1,000 feet in width
10-21 at its narrowest point.
10-22 (e) For purposes of this section, roads, highways, rivers,
10-23 lakes, or other bodies of water are not included in computing the
10-24 1,000 foot distance.
10-25 SECTION 6. Section 43.056, Local Government Code, is amended
10-26 to read as follows:
10-27 Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA.
11-1 (a) Before the first day of the 10th month after the month in
11-2 which the inventory is prepared as provided by Section 43.053
11-3 [publication of the notice of the first hearing required under
11-4 Section 43.052], [the governing body of] the municipality proposing
11-5 the annexation shall complete [direct its planning department or
11-6 other appropriate municipal department to prepare] a service plan
11-7 that provides for the extension of full municipal services to the
11-8 area to be annexed. The municipality shall provide the services by
11-9 any of the methods by which it extends the services to any other
11-10 area of the municipality.
11-11 (b) The service plan must include a program under which the
11-12 municipality will provide full municipal services in the annexed
11-13 area no later than 2-1/2 [4 1/2] years after the effective date of
11-14 the annexation, in accordance with Subsection (e), unless that
11-15 period is extended by an arbitration decision issued under this
11-16 chapter or by agreement between the municipality and the party with
11-17 which the municipality is required to negotiate for services under
11-18 this subchapter [(d)]. However, under the program the municipality
11-19 must provide the following services in the area on [within 60 days
11-20 after] the effective date of the annexation of the area:
11-21 (1) police protection;
11-22 (2) fire protection;
11-23 (3) emergency medical services;
11-24 (4) solid waste collection;
11-25 (5) operation and [(4)] maintenance of water and
11-26 wastewater facilities in the annexed area that are not within the
11-27 service area of another water or wastewater utility;
12-1 (6) operation and [(5)] maintenance of roads and
12-2 streets, including road and street lighting;
12-3 (7) operation and [(6)] maintenance of parks,
12-4 playgrounds, and swimming pools; and
12-5 (8) operation and [(7)] maintenance of any other
12-6 publicly owned facility, building, or service.
12-7 [(b-1) The service plan of a municipality with a population
12-8 of 1.5 million or more must include a program under which the
12-9 municipality will provide full municipal services in the annexed
12-10 area no later than 4-1/2 years after the effective date of the
12-11 annexation, in accordance with Subsection (d). However, under the
12-12 program the municipality must:]
12-13 [(1) provide the following services in the area on and
12-14 after the effective date of the annexation of the area:]
12-15 [(A) police protection; and]
12-16 [(B) solid waste collection;]
12-17 [(2) provide the following services in the area within
12-18 30 days after the effective date of the annexation of the area, if
12-19 the services are provided through a contract between the
12-20 municipality and a service provider:]
12-21 [(A) emergency medical service; and]
12-22 [(B) fire protection; and]
12-23 [(3) provide the following services in the area within
12-24 60 days after the effective date of the annexation of the area:]
12-25 [(A) maintenance of water and wastewater
12-26 facilities in the annexed area that are not within the service area
12-27 of another water or wastewater utility;]
13-1 [(B) maintenance of roads and streets, including
13-2 road and street lighting;]
13-3 [(C) maintenance of parks, playgrounds, and
13-4 swimming pools;]
13-5 [(D) maintenance of any other publicly owned
13-6 facility, building, or service; and]
13-7 [(E) emergency medical service and fire
13-8 protection, if the services are provided by municipal personnel and
13-9 equipment.]
13-10 (c) For purposes of this section, "full municipal services"
13-11 means services [funded in whole or in part by municipal taxation
13-12 and] provided by the annexing municipality within its full-purpose
13-13 boundaries, including water and central wastewater services and
13-14 excluding gas or electrical service.
13-15 (d) A municipality with a population of 1.5 million or more
13-16 may provide all or part of the municipal services required under
13-17 the service plan by contracting with service providers. If the
13-18 municipality owns a water and wastewater utility, the municipality
13-19 shall, subject to this section, extend water and wastewater service
13-20 to any annexed area not within the service area of another water or
13-21 wastewater utility. If the municipality annexes territory included
13-22 within the boundaries of a municipal utility district or a water
13-23 control and improvement district, the municipality shall comply
13-24 with applicable state law relating to annexation of territory
13-25 within a municipal utility district or a water control and
13-26 improvement district. The service plan shall summarize the service
13-27 extension policies of the municipal water and wastewater utility.
14-1 (e) [(d)] The service plan must also include a program under
14-2 which the municipality will initiate after the effective date of
14-3 the annexation the acquisition or construction of capital
14-4 improvements necessary for providing municipal services adequate to
14-5 serve the area. The construction shall [begin within two years
14-6 after the effective date of the annexation of the area and shall]
14-7 be substantially completed within 2-1/2 [4-1/2] years after the
14-8 effective [that] date of annexation unless that period is extended
14-9 as provided by Subsection (b). The acquisition or construction of
14-10 the facilities shall be accomplished by purchase, lease, or other
14-11 contract or by the municipality succeeding to the powers, duties,
14-12 assets, and obligations of a conservation and reclamation district
14-13 as authorized or required by law. The construction of the
14-14 facilities shall be accomplished in a continuous process and shall
14-15 be completed as soon as reasonably possible, consistent with
14-16 generally accepted local engineering and architectural standards
14-17 and practices. However, the municipality does not violate this
14-18 subsection if the construction process is interrupted for any
14-19 reason by circumstances beyond the direct control of the
14-20 municipality. The requirement that construction of capital
14-21 improvements must be substantially completed within 2-1/2 [4-1/2]
14-22 years does not apply to a development project or proposed
14-23 development project within an annexed area if the annexation of the
14-24 area was initiated by petition or request of the owners of land in
14-25 the annexed area and the municipality and the landowners have
14-26 subsequently agreed in writing that the development project within
14-27 that area, because of its size or projected manner of development
15-1 by the developer, is not reasonably expected to be completed within
15-2 that period.
15-3 (f) [(e)] A service plan may not:
15-4 (1) require the creation of another political
15-5 subdivision;
15-6 (2) require a landowner in the area to fund the
15-7 capital improvements necessary to provide municipal services in a
15-8 manner inconsistent with Chapter 395 unless otherwise agreed to by
15-9 the landowner; or
15-10 (3) provide [fewer] services [or lower levels of
15-11 services] in the area in a manner that would have the effect of
15-12 reducing by more than a negligible amount the level of fire and
15-13 police protection and emergency medical services provided within
15-14 the corporate boundaries of the municipality before annexation.
15-15 (g) If the annexed area had a lower level of services,
15-16 infrastructure, and infrastructure maintenance than the level of
15-17 services, infrastructure, and infrastructure maintenance provided
15-18 within the corporate boundaries of the municipality before
15-19 annexation, a service plan must provide the annexed area with a
15-20 level of services, infrastructure, and infrastructure maintenance
15-21 that is comparable to the level of services, infrastructure, and
15-22 infrastructure maintenance available in other parts of the
15-23 municipality with topography, land use, and population density
15-24 similar to those reasonably contemplated or projected in the area.
15-25 If the annexed area had a level of services, infrastructure, and
15-26 infrastructure maintenance equal to the level of services,
15-27 infrastructure, and infrastructure maintenance provided within the
16-1 corporate boundaries of the municipality before annexation, a
16-2 service plan must maintain that same level of services,
16-3 infrastructure, and infrastructure maintenance. Except as provided
16-4 by this subsection, if the annexed area had a level of services
16-5 superior to the level of services provided within the corporate
16-6 boundaries of the municipality before annexation, a service plan
16-7 must provide the annexed area with a level of services that is
16-8 comparable to the level of services available in other parts of the
16-9 municipality with topography, land use, and population density
16-10 similar to those reasonably contemplated or projected in the area.
16-11 If the annexed area had a level of services for operating and
16-12 maintaining the infrastructure of the area, including the
16-13 facilities described by Subsections (b)(5)-(8), superior to the
16-14 level of services provided within the corporate boundaries of the
16-15 municipality before annexation, a service plan must provide for the
16-16 operation and maintenance of the infrastructure of the annexed area
16-17 at a level of services that is equal or superior to that level of
16-18 services. In a municipality with a population of 1.6 million or
16-19 more, if the annexed area had a level of services, infrastructure,
16-20 and infrastructure maintenance superior to the level of services,
16-21 infrastructure, and infrastructure maintenance provided within the
16-22 corporate boundaries of the municipality before annexation, a
16-23 service plan must provide the annexed area with a level of
16-24 services, infrastructure, and infrastructure maintenance that is
16-25 comparable to the level of services, infrastructure, and
16-26 infrastructure maintenance that existed in the annexed area before
16-27 annexation.
17-1 (h) A municipality with a population of 1.6 million or more
17-2 may not impose a fee in the annexed area, over and above ad valorem
17-3 taxes and fees imposed within the corporate boundaries of the
17-4 municipality before annexation, to maintain the level of services
17-5 that existed in the area before annexation. This subsection does
17-6 not prohibit the municipality from imposing a fee for a service in
17-7 the area annexed if the same fee is imposed within the corporate
17-8 boundaries of the municipality before annexation.
17-9 (i) [(f)] If only a part of the area to be annexed is
17-10 actually annexed, the governing body shall direct the department to
17-11 prepare a revised service plan for that part.
17-12 (j) [(g)] The proposed service plan must be made available
17-13 for public inspection and explained to the inhabitants of the area
17-14 at the public hearings held under Section 43.0561 [43.052]. The
17-15 plan may be amended through negotiation at the hearings, but the
17-16 provision of any service may not be deleted. On completion of the
17-17 public hearings, the service plan shall be attached to the
17-18 ordinance annexing the area and approved as part of the ordinance.
17-19 (k) [(h)] On approval by the governing body, the service
17-20 plan is a contractual obligation that is not subject to amendment
17-21 or repeal except that if the governing body determines at the
17-22 public hearings required by this subsection that changed conditions
17-23 or subsequent occurrences make the service plan unworkable or
17-24 obsolete, the governing body may amend the service plan to conform
17-25 to the changed conditions or subsequent occurrences. An amended
17-26 service plan must provide for services that are comparable to or
17-27 better than those established in the service plan before amendment.
18-1 Before any amendment is adopted, the governing body must provide an
18-2 opportunity for interested persons to be heard at public hearings
18-3 called and held in the manner provided by Section 43.0561 [43.052].
18-4 (l) [(i)] A service plan is valid for 10 years. Renewal of
18-5 the service plan is at the discretion of the municipality. A
18-6 person residing or owning land in an annexed area may enforce a
18-7 service plan by petitioning the municipality for a change in policy
18-8 or procedures to ensure compliance with the service plan. If the
18-9 municipality fails to take action with regard to the petition, the
18-10 petitioner may request arbitration of the dispute under Section
18-11 43.0565. [applying for a writ of mandamus. If a court issues the
18-12 writ, the municipality shall pay the person's costs and reasonable
18-13 attorney's fees in bringing the action. A writ issued under this
18-14 subsection must provide the municipality the option of disannexing
18-15 the area within 30 days.]
18-16 (m) [(j) A municipality that annexes an area shall provide
18-17 the area or cause the area to be provided with services in
18-18 accordance with the service plan for the area.]
18-19 [(k)] This section does not require that a uniform level of
18-20 full municipal services be provided to each area of the
18-21 municipality if the governing body of the municipality determines
18-22 that different characteristics of topography, land use, and
18-23 population density are considered a sufficient basis for providing
18-24 different levels of service. A person aggrieved by a determination
18-25 made by a municipality under this subsection may request
18-26 arbitration of the dispute under Section 43.0565. Nothing in this
18-27 subsection modifies the requirement under Subsection (g) for a
19-1 service plan to provide a level of services in an annexed area that
19-2 is equal or superior to the level of services provided within the
19-3 corporate boundaries of the municipality before annexation. To the
19-4 extent of any conflict between this subsection and Subsection (g),
19-5 Subsection (g) prevails.
19-6 SECTION 7. Subchapter C, Chapter 43, Local Government Code,
19-7 is amended by renumbering Section 43.0561 as Section 43.0566 and
19-8 Section 43.0565 as Section 43.0567 and adding Sections 43.0561,
19-9 43.0562, 43.0563, 43.0564, and 43.0565 to read as follows:
19-10 Sec. 43.0561. ANNEXATION HEARING REQUIREMENTS. (a) Before
19-11 a municipality may institute annexation proceedings, the governing
19-12 body of the municipality must conduct two public hearings at which
19-13 persons interested in the annexation are given the opportunity to
19-14 be heard. The hearings must be conducted not later than the 90th
19-15 day after the date the inventory is available for inspection.
19-16 (b) At least one of the hearings must be held in the area
19-17 proposed for annexation if a suitable site is reasonably available
19-18 and more than 20 adults who are permanent residents of the area
19-19 file a written protest of the annexation with the secretary of the
19-20 municipality within 10 days after the date of the publication of
19-21 the notice required by this section. The protest must state the
19-22 name, address, and age of each protester who signs. If a suitable
19-23 site is not reasonably available in the area proposed for
19-24 annexation, the hearing may be held outside the area proposed for
19-25 annexation if the hearing is held in the nearest suitable public
19-26 facility.
19-27 (c) The municipality must publish notice of the hearings in
20-1 a newspaper of general circulation in the municipality and in the
20-2 area proposed for annexation. The notice for each hearing must be
20-3 published at least once on or after the 20th day but before the
20-4 10th day before the date of the hearing. The municipality must
20-5 give additional notice by certified mail to:
20-6 (1) each public entity, as defined by Section 43.053,
20-7 and utility service provider that provides services in the area
20-8 proposed for annexation; and
20-9 (2) each railroad company that serves the municipality
20-10 and is on the municipality's tax roll if the company's right-of-way
20-11 is in the area proposed for annexation.
20-12 Sec. 43.0562. NEGOTIATIONS REQUIRED. (a) After holding the
20-13 hearings as provided by Section 43.0561:
20-14 (1) if a municipality has a population of less than
20-15 1.6 million, the municipality and the property owners of the area
20-16 proposed for annexation shall negotiate for the provision of
20-17 services to the area after annexation or for the provision of
20-18 services to the area in lieu of annexation under Section 43.0563;
20-19 or
20-20 (2) if a municipality proposes to annex a special
20-21 district as that term is defined by Section 43.052, the
20-22 municipality and the governing body of the district shall negotiate
20-23 for the provision of services to the area after annexation or for
20-24 the provision of services to the area in lieu of annexation under
20-25 Section 43.0751.
20-26 (b) For purposes of negotiations under Subsection (a)(1),
20-27 the commissioners court of the county in which the area proposed
21-1 for annexation is located shall select five representatives to
21-2 negotiate with the municipality for the provision of services to
21-3 the area after annexation. If the area proposed for annexation is
21-4 located in more than one county, the commissioners court of the
21-5 county in which the greatest number of residents reside shall
21-6 select three representatives to negotiate with the municipality,
21-7 and the commissioners courts of the remaining counties jointly
21-8 shall select two representatives to negotiate with the
21-9 municipality.
21-10 (c) For purposes of negotiations under Subsection (a)(2), if
21-11 more than one special district is located in the area proposed for
21-12 annexation, the governing boards of the districts may jointly
21-13 select five representatives to negotiate with the municipality on
21-14 behalf of all the affected districts.
21-15 Sec. 43.0563. CONTRACTS FOR PROVISION OF SERVICES IN LIEU OF
21-16 ANNEXATION. (a) The governing body of a municipality with a
21-17 population of less than 1.6 million may negotiate and enter into a
21-18 written agreement with representatives designated under Section
21-19 43.0562(a)(1) for the provision of services and the funding of the
21-20 services in the area. The agreement may also include an agreement
21-21 related to permissible land uses and compliance with municipal
21-22 ordinances.
21-23 (b) An agreement under this section is in lieu of annexation
21-24 by the municipality of the area.
21-25 (c) In negotiating an agreement under this section, the
21-26 parties may agree to:
21-27 (1) any term allowed under Section 42.044 or 43.0751,
22-1 regardless of whether the municipality or the area proposed for
22-2 annexation would have been able to agree to the term under Section
22-3 42.044 or 43.0751; and
22-4 (2) any other term to which both parties agree to
22-5 satisfactorily resolve any dispute between the parties, including
22-6 the creation of any type of special district otherwise allowed by
22-7 state law.
22-8 Sec. 43.0564. ARBITRATION REGARDING NEGOTIATIONS FOR
22-9 SERVICES. (a) If the municipality and the representatives of the
22-10 area proposed for annexation cannot reach an agreement for the
22-11 provision of services under Section 43.0562 or if the municipality
22-12 and the property owner representatives cannot reach an agreement
22-13 for the provision of services in lieu of annexation under Section
22-14 43.0563, either party by majority decision of the party's
22-15 representatives may request the appointment of an arbitrator to
22-16 resolve the service plan issues in dispute. The request must be
22-17 made in writing to the other party before the 60th day after the
22-18 date the service plan is completed under Section 43.056. The
22-19 municipality may not annex the area under another section of this
22-20 chapter during the pendency of the arbitration proceeding or an
22-21 appeal from the arbitrator's decision.
22-22 (b) The parties to the dispute may agree on the appointment
22-23 of an arbitrator. If the parties cannot agree on the appointment
22-24 of an arbitrator before the 11th business day after the date
22-25 arbitration is requested, the mayor of the municipality shall
22-26 immediately request a list of seven neutral arbitrators from the
22-27 American Arbitration Association or the Federal Mediation and
23-1 Conciliation Service or their successors in function. An
23-2 arbitrator included in the list must be a resident of this state
23-3 and may not be a resident of a county in which any part of the
23-4 municipality or any part of the district proposed for annexation is
23-5 located. The parties to the dispute may agree on the appointment
23-6 of an arbitrator included in the list. If the parties cannot agree
23-7 on the appointment of an arbitrator before the 11th business day
23-8 after the date the list is provided to the parties, each party or
23-9 the party's designee may alternately strike a name from the list.
23-10 The remaining person on the list shall be appointed as the
23-11 arbitrator. In this subsection, "business day" means a day other
23-12 than a Saturday, Sunday, or state or national holiday.
23-13 (c) The arbitrator shall:
23-14 (1) set a hearing to be held not later than the 10th
23-15 day after the date the arbitrator is appointed; and
23-16 (2) notify the parties to the arbitration in writing
23-17 of the time and place of the hearing not later than the eighth day
23-18 before the date of the hearing.
23-19 (d) The authority of the arbitrator is limited to issuing a
23-20 decision relating only to the service plan issues in dispute.
23-21 (e) The arbitrator may:
23-22 (1) receive in evidence any documentary evidence or
23-23 other information the arbitrator considers relevant;
23-24 (2) administer oaths; and
23-25 (3) issue subpoenas to require:
23-26 (A) the attendance and testimony of witnesses;
23-27 and
24-1 (B) the production of books, records, and other
24-2 evidence relevant to an issue presented to the arbitrator for
24-3 determination.
24-4 (f) Unless the parties to the dispute agree otherwise the
24-5 arbitrator shall complete the hearing within two consecutive days.
24-6 The arbitrator shall permit each party one day to present evidence
24-7 and other information. The arbitrator, for good cause shown, may
24-8 schedule an additional hearing to be held not later than the
24-9 seventh day after the date of the first hearing. Unless otherwise
24-10 agreed to by the parties, the arbitrator must issue a decision in
24-11 writing and deliver a copy of the decision to the parties not later
24-12 than the 14th day after the date of the final hearing.
24-13 (g) Either party may appeal any provision of an arbitrator's
24-14 decision that exceeds the authority granted under Subsection (d) to
24-15 a district court in a county in which the area proposed for
24-16 annexation is located.
24-17 (h) If the municipality does not agree with the terms of the
24-18 arbitrator's decision, the municipality may not annex the area
24-19 proposed for annexation before the fifth anniversary of the date of
24-20 the arbitrator's decision.
24-21 (i) Except as provided by this subsection, the municipality
24-22 shall pay the cost of arbitration. If the arbitrator finds that
24-23 the request for arbitration submitted by the representatives of the
24-24 area proposed for annexation was groundless or requested in bad
24-25 faith or for the purposes of harassment, the arbitrator may require
24-26 the area proposed for annexation to pay all or part of the cost of
24-27 arbitration.
25-1 Sec. 43.0565. ARBITRATION REGARDING ENFORCEMENT OF SERVICE
25-2 PLAN. (a) A person who requests arbitration as provided by
25-3 Section 43.056(l) must request the appointment of an arbitrator in
25-4 writing to the municipality.
25-5 (b) Sections 43.0564(b), (c), and (e) apply to appointment
25-6 of an arbitrator and the conduct of an arbitration proceeding under
25-7 this section.
25-8 (c) In an arbitration proceeding under this section, the
25-9 municipality has the burden of proving that the municipality is in
25-10 compliance with the service plan requirements.
25-11 (d) If the arbitrator finds that the municipality has not
25-12 complied with the service plan requirements:
25-13 (1) the municipality may disannex the area before the
25-14 31st day after the date the municipality receives a copy of the
25-15 arbitrator's decision; and
25-16 (2) the arbitrator may:
25-17 (A) require the municipality to comply with the
25-18 service plan in question before a reasonable date specified by the
25-19 arbitrator if the municipality does not disannex the area;
25-20 (B) require the municipality to refund to the
25-21 landowners of the annexed area money collected by the municipality
25-22 from those landowners for services to the area that were not
25-23 provided; and
25-24 (C) require the municipality to pay the costs of
25-25 arbitration, including the reasonable attorney's fees and
25-26 arbitration costs of the person requesting arbitration.
25-27 (e) If the arbitrator finds that the municipality has
26-1 complied with the service plan requirements, the arbitrator may
26-2 require the person requesting arbitration to pay all or part of the
26-3 cost of arbitration, including the reasonable attorney's fees of
26-4 the municipality.
26-5 Sec. 43.0566 [43.0561]. RELEASE OF EXTRATERRITORIAL
26-6 JURISDICTION BY GENERAL LAW MUNICIPALITY OVER CERTAIN TRACTS OF
26-7 LAND. (a) This section applies only to a tract of property that
26-8 is:
26-9 (1) 40 or more acres in size;
26-10 (2) located entirely in a county with a population of
26-11 more than 260,000; and
26-12 (3) located in the extraterritorial jurisdiction of a
26-13 general law municipality with a population of more than 1,000 but
26-14 less than 2,500 that provides water but not sewer services.
26-15 (b) The owner of a tract of land to which this section
26-16 applies that is adjacent to the corporate limits of another
26-17 municipality may petition the governing body of that other
26-18 municipality for annexation. On receipt of a petition, the
26-19 municipality may annex the area if the municipality agrees to a
26-20 service plan that provides both water and sewer services to the
26-21 tract not later than 3 1/2 years after the date of the annexation.
26-22 On annexation, the area is released from the extraterritorial
26-23 jurisdiction of the municipality described by Subsection (a)(3) and
26-24 becomes a part of the municipality agreeing to provide water and
26-25 sewer services.
26-26 (c) This section expires March 31, 1996, unless there is
26-27 litigation pending at that time involving the validity of the
27-1 annexation of a tract of land to which this section applies. If
27-2 litigation is pending, this section remains in effect until a court
27-3 enters a final judgment in the case.
27-4 Sec. 43.0567 [43.0565]. PROVISION OF WATER OR SEWER SERVICE
27-5 IN POPULOUS MUNICIPALITY. (a) The requirements of this section
27-6 are in addition to those prescribed by Section 43.056.
27-7 (b) A municipality with a population of more than 1.6 [1.5]
27-8 million that includes within its boundaries annexed areas without
27-9 water service, sewer service, or both:
27-10 (1) shall develop a service plan that:
27-11 (A) must identify developed tracts in annexed
27-12 areas of the municipality that do not have water service, sewer
27-13 service, or both and must provide a procedure for providing water
27-14 service, sewer service, or both to those developed tracts;
27-15 (B) must establish a timetable for providing
27-16 service based on a priority system that considers potential health
27-17 hazards, population density, the number of existing buildings, the
27-18 reasonable cost of providing service, and the desires of the
27-19 residents;
27-20 (C) must include a capital improvements plan
27-21 committing the necessary financing;
27-22 (D) may relieve the municipality from an
27-23 obligation to provide water service, sewer service, or both in an
27-24 area described in the service plan if a majority of the households
27-25 in the area sign a petition stating they do not want to receive the
27-26 services; and
27-27 (E) may require property owners to connect to
28-1 service lines constructed to serve their area;
28-2 (2) shall provide water service, sewer service, or
28-3 both to at least 75 percent of the residential buildings in annexed
28-4 areas of the municipality that did not have water service, sewer
28-5 service, or both on September 1, 1991;
28-6 (3) shall provide water service to each area annexed
28-7 before January 1, 1993, if the area or subdivision as described in
28-8 the service plan contains at least 25 residences without water
28-9 service, unless a majority of the households in the area state in a
28-10 petition that they do not want municipal water service; and
28-11 (4) is subject to the penalty prescribed by Section
28-12 5.235(n)(6), Water Code, for the failure to provide services.
28-13 SECTION 8. Chapter 43, Local Government Code, is amended by
28-14 adding Subchapter C-1 to read as follows:
28-15 SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
28-16 MUNICIPAL ANNEXATION PLAN
28-17 Sec. 43.061. APPLICABILITY. This subchapter applies to an
28-18 area proposed for annexation that is not required to be included in
28-19 a municipal annexation plan under Section 43.052.
28-20 Sec. 43.062. PROCEDURES APPLICABLE. Sections 43.051,
28-21 43.054, 43.0545, 43.055, 43.0567, and 43.057 apply to the
28-22 annexation of an area to which this subchapter applies.
28-23 Sec. 43.063. ANNEXATION HEARING REQUIREMENTS. (a) Before a
28-24 municipality may institute annexation proceedings, the governing
28-25 body of the municipality must conduct two public hearings at which
28-26 persons interested in the annexation are given the opportunity to
28-27 be heard. The hearings must be conducted on or after the 40th day
29-1 but before the 20th day before the date of the institution of the
29-2 proceedings.
29-3 (b) At least one of the hearings must be held in the area
29-4 proposed for annexation if a suitable site is reasonably available
29-5 and more than 10 percent of the adults who are permanent residents
29-6 of the area file a written protest of the annexation with the
29-7 secretary of the municipality within 10 days after the date of the
29-8 publication of the notice required by this section. The protest
29-9 must state the name, address, and age of each protester who signs.
29-10 (c) The municipality must publish notice of the hearings in
29-11 a newspaper of general circulation in the municipality and in the
29-12 area proposed for annexation. The notice for each hearing must be
29-13 published at least once on or after the 20th day but before the
29-14 10th day before the date of the hearing. The municipality must
29-15 give additional notice by certified mail to each railroad company
29-16 that serves the municipality and is on the municipality's tax roll
29-17 if the company's right-of-way is in the area proposed for
29-18 annexation.
29-19 Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION; EFFECTIVE
29-20 DATE. (a) The annexation of an area must be completed within 90
29-21 days after the date the governing body institutes the annexation
29-22 proceedings or those proceedings are void. Any period during which
29-23 the municipality is restrained or enjoined by a court from annexing
29-24 the area is not included in computing the 90-day period.
29-25 (b) Notwithstanding any provision of a municipal charter to
29-26 the contrary, the governing body of a municipality with a
29-27 population of 1.6 million or more may provide that an annexation
30-1 take effect on any date within 90 days after the date of the
30-2 adoption of the ordinance providing for the annexation.
30-3 Sec. 43.065. PROVISION OF SERVICES TO ANNEXED AREA.
30-4 (a) Before the publication of the notice of the first hearing
30-5 required under Section 43.063, the governing body of the
30-6 municipality proposing the annexation shall direct its planning
30-7 department or other appropriate municipal department to prepare a
30-8 service plan that provides for the extension of full municipal
30-9 services to the area to be annexed. The municipality shall provide
30-10 the services by any of the methods by which it extends the services
30-11 to any other area of the municipality.
30-12 (b) Sections 43.056(b)-(m) apply to the annexation of an
30-13 area to which this subchapter applies.
30-14 SECTION 9. Section 43.0751, Local Government Code, is
30-15 amended by amending Subsections (b) and (k) and adding Subsections
30-16 (o) and (p) to read as follows:
30-17 (b) The governing bodies of a municipality and a district
30-18 may [shall] negotiate and [may] enter into a written strategic
30-19 partnership agreement for the district by mutual consent. The
30-20 governing body of a municipality, on written request from a
30-21 district included in the municipality's annexation plan under
30-22 Section 43.052, shall negotiate and enter into a written strategic
30-23 partnership agreement with the district [bodies of the
30-24 municipality and the district shall evidence their intention to
30-25 negotiate such an agreement by resolution, each of which
30-26 resolutions shall specify an expiration date if the other governing
30-27 body fails to adopt a resolution under this section on or before
31-1 the specified date. The governing body of a municipality that has
31-2 evidenced its intention by unexpired resolution to enter into
31-3 negotiations with a district for an agreement under this section
31-4 may not initiate proceedings to annex the district under any other
31-5 section of this code prior to the expiration of two years after the
31-6 adoption date of the resolution unless the municipality has
31-7 previously instituted annexation proceedings in granting consent to
31-8 the creation of the district prior to January 1, 1995].
31-9 (k) A municipality that has annexed all or part of a
31-10 district for limited purposes under this section may impose a
31-11 retail sales tax within the boundaries of the part of the district
31-12 that is annexed for limited purposes.
31-13 (o) If a municipality required to negotiate with a district
31-14 under this section and the requesting district fail to agree on
31-15 the terms of a strategic partnership agreement, either party may
31-16 seek binding arbitration of the issues relating to the agreement in
31-17 dispute under Section 43.0752.
31-18 (p) An agreement under this section:
31-19 (1) may not require the district to provide revenue to
31-20 the municipality solely for the purpose of obtaining an agreement
31-21 with the municipality to forgo annexation of the district; and
31-22 (2) must provide benefits to each party, including
31-23 revenue, services, and regulatory benefits, that must be reasonable
31-24 and equitable with regard to the benefits provided by the other
31-25 party.
31-26 SECTION 10. Subchapter D, Chapter 43, Local Government Code,
31-27 is amended by adding Section 43.0752 to read as follows:
32-1 Sec. 43.0752. ARBITRATION OF STRATEGIC PARTNERSHIP
32-2 AGREEMENT. (a) If the municipality and the district cannot reach
32-3 an agreement on the terms of a strategic partnership agreement
32-4 under Section 43.0751, either party may request the appointment of
32-5 an arbitrator to resolve the issues in dispute. The request must
32-6 be made in writing to the other party before the 60th day after the
32-7 date the district submits its written request for negotiations
32-8 under Section 43.0751(b). The municipality may not annex the
32-9 district under another section of this chapter during the pendency
32-10 of the arbitration proceeding or an appeal from the arbitrator's
32-11 decision.
32-12 (b) Sections 43.0564(b), (c), (e), (f), (g), and (h) apply
32-13 to appointment of an arbitrator and the conduct of an arbitration
32-14 proceeding under this section.
32-15 (c) The authority of the arbitrator is limited to
32-16 determining whether the offer of a party complies with Section
32-17 43.0751(p).
32-18 (d) If the arbitrator finds that an offer complies with
32-19 Section 43.0751(p), the arbitrator may issue a decision that
32-20 incorporates the offer as part of the strategic partnership
32-21 agreement.
32-22 (e) The municipality and the district shall equally pay the
32-23 costs of arbitration.
32-24 SECTION 11. Section 43.121(a), Local Government Code, is
32-25 amended to read as follows:
32-26 (a) The governing body of a home-rule municipality with more
32-27 than 225,000 inhabitants[, if authorized under its home-rule
33-1 charter,] by ordinance may annex an area for the limited purposes
33-2 of applying its planning, zoning, health, and safety ordinances in
33-3 the area.
33-4 SECTION 12. Section 43.141(c), Local Government Code, is
33-5 amended to read as follows:
33-6 (c) If the area is disannexed under this section, it may not
33-7 be annexed again within 10 [five] years after the date of the
33-8 disannexation. [If it is reannexed within seven years after the
33-9 date of the disannexation, a service plan for the area must be
33-10 implemented not later than one year after the date of the
33-11 reannexation.]
33-12 SECTION 13. Subchapter G, Chapter 43, Local Government Code,
33-13 is amended by adding Section 43.148 to read as follows:
33-14 Sec. 43.148. REFUND OF TAXES AND FEES. (a) If an area is
33-15 disannexed, the municipality disannexing the area shall refund to
33-16 the landowners of the area the amount of money collected by the
33-17 municipality in property taxes and fees from those landowners
33-18 during the period that the area was a part of the municipality less
33-19 the amount of money that the municipality spent for the direct
33-20 benefit of the area during that period.
33-21 (b) A municipality shall proportionately refund the amount
33-22 under Subsection (a) to the landowners according to a method to be
33-23 developed by the municipality that identifies each landowner's
33-24 approximate pro rata payment of the taxes and fees being refunded.
33-25 (c) A municipality required to refund money under this
33-26 section shall refund the money to current landowners in the area
33-27 not later than the 180th day after the date the area is disannexed.
34-1 Money that is not refunded within the period prescribed by this
34-2 subsection accrues interest at the rate of:
34-3 (1) six percent each year after the 180th day and
34-4 until the 210th day after the date the area is disannexed; and
34-5 (2) one percent each month after the 210th day after
34-6 the date the area is disannexed.
34-7 SECTION 14. Subchapter Z, Chapter 43, Local Government Code,
34-8 is amended by adding Section 43.905 to read as follows:
34-9 Sec. 43.905. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL
34-10 DISTRICT. (a) A municipality that proposes to annex an area shall
34-11 provide written notice of the proposed annexation to each public
34-12 school district located in the area proposed for annexation within
34-13 the time period prescribed for publishing the notice of the first
34-14 hearing under Section 43.0561 or 43.063, as applicable.
34-15 (b) A notice to a public school district shall contain a
34-16 description of:
34-17 (1) the area within the district proposed for
34-18 annexation;
34-19 (2) any financial impact on the district resulting
34-20 from the annexation, including any changes in utility costs; and
34-21 (3) any proposal the municipality has to abate,
34-22 reduce, or limit any financial impact on the district.
34-23 (c) The municipality may not proceed with the annexation
34-24 unless the municipality provides the required notice.
34-25 (d) A municipality that has annexed any portion of an area
34-26 after December 1, 1996, and before September 1, 1999, in which a
34-27 school district has a facility shall grant a variance from the
35-1 municipality's building code for that facility if the facility does
35-2 not comply with the code.
35-3 (e) A municipality that, as a result of the annexation,
35-4 provides utility services to a school district facility may charge
35-5 the district for utility services at:
35-6 (1) the same rate that the district was paying before
35-7 the annexation; or
35-8 (2) a lower municipal rate.
35-9 (f) A rate set under Subsection (e) is effective until the
35-10 first day of the school district's fiscal year that begins after
35-11 the 90th day after the effective date of the annexation.
35-12 SECTION 15. Subchapter A, Chapter 5, Property Code, is
35-13 amended by adding Section 5.012 to read as follows:
35-14 Sec. 5.012. SELLER'S DISCLOSURE REGARDING POTENTIAL
35-15 ANNEXATION. (a) A person who sells an interest in real property
35-16 in this state shall give to the purchaser of the property a written
35-17 notice that reads substantially similar to the following:
35-18 NOTICE REGARDING POSSIBLE ANNEXATION
35-19 If the property that is the subject of this
35-20 contract is located outside the limits of a
35-21 municipality, the property may now or later be included
35-22 in the extraterritorial jurisdiction of a municipality
35-23 and may now or later be subject to annexation by the
35-24 municipality. Each municipality maintains a map that
35-25 depicts its boundaries and extraterritorial
35-26 jurisdiction. To determine if the property is located
35-27 within a municipality's extraterritorial jurisdiction
36-1 or is likely to be located within a municipality's
36-2 extraterritorial jurisdiction, contact all
36-3 municipalities located in the general proximity of the
36-4 property for further information.
36-5 (b) The seller shall deliver the notice to the purchaser
36-6 before the date the executory contract binds the purchaser to
36-7 purchase the property. The notice may be given separately, as part
36-8 of the contract during negotiations, or as part of any other notice
36-9 the seller delivers to the purchaser.
36-10 (c) This section does not apply to a transfer:
36-11 (1) under a court order or foreclosure sale;
36-12 (2) by a trustee in bankruptcy;
36-13 (3) to a mortgagee by a mortgagor or successor in
36-14 interest or to a beneficiary of a deed of trust by a trustor or
36-15 successor in interest;
36-16 (4) by a mortgagee or a beneficiary under a deed of
36-17 trust who has acquired the land at a sale conducted under a power
36-18 of sale under a deed of trust or a sale under a court-ordered
36-19 foreclosure or has acquired the land by a deed in lieu of
36-20 foreclosure;
36-21 (5) by a fiduciary in the course of the administration
36-22 of a decedent's estate, guardianship, conservatorship, or trust;
36-23 (6) from one co-owner to another co-owner of an
36-24 undivided interest in the real property;
36-25 (7) to a spouse or a person in the lineal line of
36-26 consanguinity of the seller;
36-27 (8) to or from a governmental entity;
37-1 (9) of only a mineral interest, leasehold interest, or
37-2 security interest; or
37-3 (10) of real property that is located wholly within a
37-4 municipality's corporate boundaries.
37-5 (d) If the notice is delivered as provided by this section,
37-6 the seller has no duty to provide additional information regarding
37-7 the possible annexation of the property by a municipality.
37-8 (e) If an executory contract is entered into without the
37-9 seller providing the notice required by this section, the purchaser
37-10 may terminate the contract for any reason within the earlier of:
37-11 (1) seven days after the date the purchaser receives
37-12 the notice; or
37-13 (2) the date the transfer occurs.
37-14 SECTION 16. (a) This Act takes effect September 1, 1999,
37-15 except that Section 15 of this Act takes effect January 1, 2000.
37-16 (b) Each municipality shall adopt an annexation plan as
37-17 required by Section 43.052, Local Government Code, as amended by
37-18 this Act, on or before December 31, 1999, that becomes effective
37-19 December 31, 1999.
37-20 (c) Except as provided by Subsection (d) of this section,
37-21 the changes in law made by Sections 2 through 7 and 9 through 13 of
37-22 this Act apply only to an annexation included in a municipality's
37-23 annexation plan prepared under Section 43.052, Local Government
37-24 Code, as amended by this Act. Except as provided by Subsection (d)
37-25 of this section, a municipality may continue to annex any area
37-26 during the period beginning December 31, 1999, and ending December
37-27 31, 2002, under Chapter 43, Local Government Code, as it existed
38-1 immediately before September 1, 1999, if the area is not included
38-2 in the annexation plan, and the former law is continued in effect
38-3 for that purpose.
38-4 (d) The changes in law made by this Act in Sections 43.002,
38-5 43.0545, 43.056(b), (c), (e), (f), (g), (l), and (m), 43.121(a),
38-6 43.141(c), 43.148, and 43.905, Local Government Code, as added or
38-7 amended by this Act, apply to the annexation of an area that is not
38-8 included in the municipality's annexation plan during the period
38-9 beginning December 31, 1999, and ending December 31, 2002, if the
38-10 first hearing notice required by Section 43.052, Local Government
38-11 Code, as it existed immediately before September 1, 1999, is
38-12 published on or after that date.
38-13 (e) The changes in law made by this Act in Sections 43.002,
38-14 43.0545, 43.056(b), (c), (e), (f), (g), (l), and (m), 43.121(a),
38-15 43.141(c), 43.148, and 43.905, Local Government Code, as added or
38-16 amended by this Act, apply only to the annexation of an area that
38-17 is not required to be included in a municipal annexation plan under
38-18 Section 43.052, Local Government Code, as amended by this Act, if
38-19 the first hearing notice required by Section 43.063, Local
38-20 Government Code, as added by this Act, is published on or after
38-21 September 1, 1999.
38-22 (f) The change in law made by Section 1 of this Act applies
38-23 only to:
38-24 (1) an annexation included in a municipality's
38-25 annexation plan prepared under Section 43.052, Local Government
38-26 Code, as amended by this Act; and
38-27 (2) an annexation of an area that is not included in
39-1 the municipality's annexation plan during the period beginning
39-2 December 31, 1999, and ending December 31, 2002, if the first
39-3 hearing notice required by Section 43.052, Local Government Code,
39-4 as it existed immediately before September 1, 1999, is published on
39-5 or after that date.
39-6 (g) The change in law made by Section 15 of this Act applies
39-7 only to a transfer of property that occurs on or after January 1,
39-8 2000. For purposes of this section, a transfer of property occurs
39-9 before January 1, 2000, if the executory contract binding the
39-10 purchaser to purchase the property is executed before that date.
39-11 Property transferred before January 1, 2000, is covered by the law
39-12 in effect when the property was transferred, and the former law is
39-13 continued in effect for that purpose.
39-14 SECTION 17. The importance of this legislation and the
39-15 crowded condition of the calendars in both houses create an
39-16 emergency and an imperative public necessity that the
39-17 constitutional rule requiring bills to be read on three several
39-18 days in each house be suspended, and this rule is hereby suspended.