By Mowery, Geren, Crabb H.B. No. 2200
77R4226 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. Sections 43.028(a) and (b), Local Government Code,
1-16 are amended to read as follows:
1-17 (a) [This section applies only to the annexation of an area:]
1-18 [(1) that is one-half mile or less in width;]
1-19 [(2) that is contiguous to the annexing municipality;
1-20 and]
1-21 [(3) that is vacant and without residents or on which
1-22 fewer than three qualified voters reside.]
1-23 [(b)] The owners of an [the] area contiguous to a
1-24 municipality may petition the governing body of the municipality in
2-1 writing to annex the area.
2-2 (b) The petition must be signed by each owner of real
2-3 property in the area.
2-4 SECTION 3. Section 43.029, Local Government Code, is amended
2-5 to read as follows:
2-6 Sec. 43.029. AUTHORITY OF MUNICIPALITY [CERTAIN SMALL
2-7 MUNICIPALITIES] TO ANNEX UNOCCUPIED AREA ON PETITION OF SCHOOL
2-8 BOARD. [(a) This section applies only to a municipality with a
2-9 population of:]
2-10 [(1) 900 to 920;]
2-11 [(2) 1,251 to 1,259; or]
2-12 [(3) 3,944 to 3,964.]
2-13 [(b) This section applies only to the annexation of an area
2-14 that is:]
2-15 [(1) contiguous to the annexing municipality; and]
2-16 [(2) vacant and without residents.]
2-17 [(c)] The board of trustees of a public school occupying an
2-18 [the] area contiguous to a municipality may petition the governing
2-19 body of the municipality in writing to annex the area if the area
2-20 is vacant and without residents. Sections 43.028(c)-(f) apply to
2-21 the petition and annexation under this section in the same manner
2-22 in which they apply to the petition and annexation under that
2-23 section.
2-24 SECTION 4. Sections 43.052(c), (f), and (h), Local Government
2-25 Code, are amended to read as follows:
2-26 (c) A municipality shall prepare an annexation plan that
2-27 specifically identifies annexations that may occur beginning on the
3-1 third anniversary of the date the annexation plan is adopted. The
3-2 municipality may amend the plan to specifically identify
3-3 annexations that may occur beginning on the third anniversary of
3-4 the date the plan is amended. The plan must include a map of the
3-5 areas proposed for annexation, including each county road and
3-6 right-of-way that:
3-7 (1) is exempt from ad valorem taxation; and
3-8 (2) is within or contiguous to the boundaries of an
3-9 area proposed for annexation.
3-10 (f) Before the 20th [90th] day after the date a municipality
3-11 adopts or amends an annexation plan under this section, the
3-12 municipality shall give written notice to:
3-13 (1) each property owner in the affected area, as
3-14 indicated by the appraisal records furnished by the appraisal
3-15 district for each county in which the affected area is located,
3-16 that the area has been included in or removed from the
3-17 municipality's annexation plan;
3-18 (2) each public entity, as defined by Section 43.053,
3-19 or private entity that provides services in the area proposed for
3-20 annexation; and
3-21 (3) each railroad company that serves the municipality
3-22 and is on the municipality's tax roll if the company's right-of-way
3-23 is in the area proposed for annexation.
3-24 (h) This section does not apply to an area proposed for
3-25 annexation if:
3-26 (1) [the area contains fewer than 100 separate tracts
3-27 of land on which one or more residential dwellings are located on
4-1 each tract;]
4-2 [(2) the area will be annexed by petition of more than
4-3 50 percent of the real property owners in the area proposed for
4-4 annexation or by vote or petition of the qualified voters or real
4-5 property owners as provided by Subchapter B;]
4-6 [(3)] the area is or was the subject of:
4-7 (A) an industrial district contract under
4-8 Section 42.044; or
4-9 (B) a strategic partnership agreement under
4-10 Section 43.0751;
4-11 (2) [(4)] the area is located in a colonia, as that
4-12 term is defined by Section 2306.581, Government Code;
4-13 (3) [(5)] the area is annexed under Section 43.028
4-14 [43.026, 43.027], 43.029, or 43.031;
4-15 (4) [(6)] the area is located completely within the
4-16 boundaries of a closed military installation; or
4-17 (5) [(7)] the municipality determines that the
4-18 annexation of the area is necessary to protect the area proposed
4-19 for annexation or the municipality from:
4-20 (A) imminent destruction of property or injury
4-21 to persons; or
4-22 (B) a condition or use that constitutes a public
4-23 or private nuisance as defined by background principles of nuisance
4-24 and property law of this state.
4-25 SECTION 5. Subchapter C, Chapter 43, Local Government Code,
4-26 is amended by adding Sections 43.0521-43.0524 to read as follows:
4-27 Sec. 43.0521. HEARING AFTER ADOPTION OR AMENDMENT OF PLAN.
5-1 (a) On or after the 20th day but before the 30th day after the
5-2 date a municipality adopts or amends under Section 43.052 its
5-3 annexation plan to include an area, the governing body of the
5-4 municipality must conduct the first of two public hearings at which
5-5 persons interested in the annexation are given the opportunity to
5-6 be heard. The second public hearing must be conducted on or after
5-7 the 50th day but before the 60th day after the date the
5-8 municipality adopts or amends its annexation plan to include the
5-9 area.
5-10 (b) The hearings must be held in the area proposed for
5-11 annexation.
5-12 (c) The municipality must provide the following notices of
5-13 the first public hearing on or before the 10th day before the date
5-14 of the hearing:
5-15 (1) notice by continuous posting on the municipality's
5-16 Internet website, if the municipality has an Internet website,
5-17 until the date of the hearing;
5-18 (2) notice by publication at least once in a newspaper
5-19 of general circulation in the municipality and in the area proposed
5-20 for annexation;
5-21 (3) notice by posting in at least three conspicuous
5-22 public places in the area proposed for annexation;
5-23 (4) notice by first class mail sent to the county
5-24 judge of each county in which the area proposed for annexation is
5-25 located;
5-26 (5) notice, with the map described by Section
5-27 43.052(c) attached, by first class mail to each owner of real and
6-1 personal property located in the area proposed for annexation as
6-2 indicated by the appraisal records furnished by the appraisal
6-3 district for each county in which the area proposed for annexation
6-4 is located, if the owner's property would be subject to taxation by
6-5 the municipality after annexation; and
6-6 (6) notice by certified mail to each railroad company
6-7 that serves the municipality and is on the municipality's tax roll
6-8 if the company's right-of-way is in the area proposed for
6-9 annexation.
6-10 (d) The municipality must provide the following notices of
6-11 the second public hearing on or before the 10th day before the date
6-12 of the hearing:
6-13 (1) notice by continuous posting on the municipality's
6-14 Internet website, if the municipality has an Internet website,
6-15 until the date of the hearing; and
6-16 (2) notice by publication at least once in a newspaper
6-17 of general circulation in the municipality and in the area proposed
6-18 for annexation.
6-19 (e) On or before the 30th day after the date a municipality
6-20 proposing an annexation submits a written request for tax records,
6-21 the chief appraiser for each appraisal district in which the area
6-22 proposed for annexation is located shall furnish to the
6-23 municipality the name and address of each owner of real and
6-24 personal property located in the area proposed for annexation and
6-25 the appraised value of the property.
6-26 Sec. 43.0522. PETITION REQUIRED. (a) Except as provided by
6-27 Subsection (e), a municipality may not annex an area unless the
7-1 municipality complies with the petition requirements of this
7-2 section.
7-3 (b) During the period beginning on the date of the last
7-4 hearing under Section 43.0521 and ending on the 30th day after the
7-5 date of the last hearing under Section 43.0561, the municipality
7-6 may circulate a written petition to obtain the consent of owners of
7-7 real and personal property to the proposed annexation.
7-8 (c) The municipality may annex an area only if the
7-9 municipality:
7-10 (1) obtains the signatures on the petition of:
7-11 (A) the owners of property constituting at least
7-12 one-half of the appraised value of real and personal property
7-13 located in the area proposed for annexation as determined under
7-14 Section 43.0523 that would be subject to taxation by the
7-15 municipality after annexation; and
7-16 (B) at least one-half of the owners of real and
7-17 personal property located in the area proposed for annexation as
7-18 determined under Section 43.0523 that would be subject to taxation
7-19 by the municipality after annexation;
7-20 (2) files the petition with the county clerk of each
7-21 county in which the area proposed for annexation is located; and
7-22 (3) submits a sworn affidavit with the petition
7-23 verifying that no part of the area proposed for annexation is
7-24 exempt from annexation by the municipality as provided by Section
7-25 43.052(e) or (g).
7-26 (d) The municipality may not amend its annexation plan to
7-27 increase or reduce the area proposed for annexation after the
8-1 petition begins to be circulated for signatures.
8-2 (e) This section does not apply if:
8-3 (1) the area is annexed under Section 43.028 or
8-4 43.029; or
8-5 (2) the area is annexed for limited purposes under
8-6 Subchapter F.
8-7 Sec. 43.0523. DETERMINATION OF NUMBER OF SIGNATURES
8-8 REQUIRED. (a) For purposes of determining the number of
8-9 signatures required under Section 43.0522(c)(1)(A), the appraised
8-10 value of the real and personal property located in the area
8-11 proposed for annexation is the appraised value as reflected in the
8-12 most recent appraisal records of the appraisal district for each
8-13 county in which the area proposed for annexation is located.
8-14 (b) For purposes of determining the number of signatures
8-15 required under Section 43.0522(c)(1)(B), the number of owners of
8-16 real and personal property located in the area proposed for
8-17 annexation is determined as follows:
8-18 (1) the number of owners of real and personal property
8-19 located in the area proposed for annexation is the number of owners
8-20 as reflected in the most recent appraisal records of the appraisal
8-21 district for each county in which the area proposed for annexation
8-22 is located;
8-23 (2) if an undivided parcel of property is owned by
8-24 multiple owners, the owners are considered one owner; and
8-25 (3) if one person owns multiple parcels of property,
8-26 the person is considered one owner.
8-27 Sec. 43.0524. PUBLIC INSPECTION OF ANNEXATION INFORMATION.
9-1 All information required to be filed under this subchapter relating
9-2 to a proposed annexation must be made available for public
9-3 inspection.
9-4 SECTION 6. Section 43.054(b), Local Government Code, is
9-5 amended to read as follows:
9-6 (b) The prohibition established by Subsection (a) does not
9-7 apply if:
9-8 (1) the boundaries of the municipality are contiguous
9-9 to the area on at least two sides;
9-10 (2) the annexation is initiated on the written
9-11 petition of the owners of the area under Section 43.028 or the
9-12 board of trustees of a public school under Section 43.029 [of a
9-13 majority of the qualified voters of the area]; or
9-14 (3) the area abuts or is contiguous to another
9-15 jurisdictional boundary.
9-16 SECTION 7. Section 43.0545(c), Local Government Code, is
9-17 amended to read as follows:
9-18 (c) Subsections (a) and (b) do not apply to an area:
9-19 (1) completely surrounded by incorporated territory of
9-20 one or more municipalities;
9-21 (2) for which annexation is initiated on the written
9-22 petition of the owners of the area under Section 43.028 or the
9-23 board of trustees of a public school under Section 43.029 [have
9-24 requested annexation by the municipality];
9-25 (3) that is owned by the municipality; or
9-26 (4) that is the subject of an industrial district
9-27 contract under Section 42.044.
10-1 SECTION 8. Section 43.0546(d), Local Government Code, is
10-2 amended to read as follows:
10-3 (d) This section does not apply to territory:
10-4 (1) that is completely surrounded by municipal area;
10-5 (2) for which annexation is initiated on the written
10-6 petition of the owners of the area under Section 43.028 or the
10-7 board of trustees of a public school under Section 43.029 [have
10-8 requested annexation by the municipality];
10-9 (3) within a district whose elected board of directors
10-10 has by a majority vote requested annexation; or
10-11 (4) owned by the municipality[; or]
10-12 [(5) that contains fewer than 50 inhabitants].
10-13 SECTION 9. Section 43.055(a), Local Government Code, is
10-14 amended to read as follows:
10-15 (a) In a calendar year, a municipality may not annex a total
10-16 area greater than 10 percent of the incorporated area of the
10-17 municipality as of January 1 of that year, plus any amount of area
10-18 carried over to that year under Subsection (b). In determining the
10-19 total area annexed in a calendar year, an area annexed for limited
10-20 purposes is included, but an annexed area is not included if it is:
10-21 (1) annexed under Section 43.028 or 43.029 [at the
10-22 request of a majority of the qualified voters of the area and the
10-23 owners of at least 50 percent of the land in the area]; or
10-24 (2) owned by the municipality, a county, the state, or
10-25 the federal government and used for a public purpose[;]
10-26 [(3) annexed at the request of at least a majority of
10-27 the qualified voters of the area; or]
11-1 [(4) annexed at the request of the owners of the
11-2 area].
11-3 SECTION 10. Subchapter C, Chapter 43, Local Government Code,
11-4 is amended by adding Sections 43.058 and 43.059 to read as follows:
11-5 Sec. 43.058. ZONING CLASSIFICATIONS. (a) A municipality
11-6 that annexes area under Section 43.0522 and that has a
11-7 comprehensive zoning ordinance applying to other parts of the
11-8 municipality shall adopt zoning classifications for the annexed
11-9 area that permit densities and uses no more restrictive than those
11-10 permitted in the area immediately before the annexation.
11-11 (b) A subsequent change in zoning in the annexed area must
11-12 comply with the general procedures established by the municipality
11-13 for rezoning land.
11-14 Sec. 43.059. SUIT TO CONTEST VALIDITY OF ANNEXATION. (a)
11-15 The attorney general, a county or district attorney for the county
11-16 in which area annexed under this subchapter is located, a municipal
11-17 attorney, or another affected party may file suit in a district
11-18 court in a county in which the annexed area is located to contest
11-19 the validity of an annexation under this subchapter. The suit must
11-20 be filed within 30 days after the date an ordinance annexing the
11-21 area is adopted.
11-22 (b) If more than one person files suit under this section,
11-23 the suits shall be consolidated.
11-24 (c) If a municipality other than the municipality annexing
11-25 the area presents evidence to the court demonstrating that the
11-26 municipality has actively pursued annexation of the area, the court
11-27 shall consider any oral or written agreements between the
12-1 municipalities in making a determination under this section.
12-2 SECTION 11. Section 43.062, Local Government Code, is amended
12-3 to read as follows:
12-4 Sec. 43.062. PROCEDURES APPLICABLE. [(a)] Sections 43.051,
12-5 43.054, 43.0545, 43.055, 43.0565, 43.0567, and 43.057 apply to the
12-6 annexation of an area to which this subchapter applies.
12-7 [(b) This subsection applies only to an area described by
12-8 Section 43.052(h)(1). Before the 30th day before the date of the
12-9 first hearing required under Section 43.063, a municipality shall
12-10 give written notice of its intent to annex the area to:]
12-11 [(1) each property owner in an area proposed for
12-12 annexation, as indicated by the appraisal records furnished by the
12-13 appraisal district for each county in which the area is located;]
12-14 [(2) each public entity, as defined by Section 43.053,
12-15 or private entity that provides services in the area proposed for
12-16 annexation; and]
12-17 [(3) each railroad company that serves the
12-18 municipality and is on the municipality's tax roll if the company's
12-19 right-of-way is in the area proposed for annexation.]
12-20 SECTION 12. Section 43.072(b), Local Government Code, is
12-21 amended to read as follows:
12-22 (b) A home-rule municipality having a common boundary with a
12-23 district subject to this section may annex the area of the district
12-24 if[:]
12-25 [(1) the annexation is approved by a majority of the
12-26 qualified voters who vote on the question at an election held under
12-27 this section;]
13-1 [(2) the annexation is completed before the date that
13-2 is one year after the date of the election; and]
13-3 [(3)] all the area of the district is annexed.
13-4 SECTION 13. Sections 43.101(c) and (d), Local Government
13-5 Code, are amended to read as follows:
13-6 (c) [The area may be annexed without the consent of the
13-7 owners or residents of the area.]
13-8 [(d)] The municipality may annex the area even if part of
13-9 the area is outside the municipality's extraterritorial
13-10 jurisdiction or is narrower than the minimum width prescribed by
13-11 Section 43.054. Section 43.055, which relates to the amount of
13-12 area a municipality may annex in a calendar year, does not apply to
13-13 the annexation.
13-14 SECTION 14. Sections 43.102(c), (d), and (e), Local
13-15 Government Code, are amended to read as follows:
13-16 (c) [The area may be annexed without the consent of the
13-17 owners or residents of the area.]
13-18 [(d)] The municipality may annex the area even if the area
13-19 is outside the municipality's extraterritorial jurisdiction, is in
13-20 another municipality's extraterritorial jurisdiction, or is
13-21 narrower than the minimum width prescribed by Section 43.054.
13-22 Section 43.055, which relates to the amount of area a municipality
13-23 may annex in a calendar year, does not apply to the annexation.
13-24 (d) [(e)] The annexation under this section of area outside
13-25 the extraterritorial jurisdiction of the annexing municipality does
13-26 not expand the extraterritorial jurisdiction of the municipality.
13-27 SECTION 15. Section 43.103(a), Local Government Code, is
14-1 amended to read as follows:
14-2 (a) A general-law municipality with a population of 500 or
14-3 more may annex, by ordinance [and without the consent of any
14-4 person], the part of a street, highway, alley, or other public or
14-5 private way, including a railway line, spur, or roadbed, that is
14-6 adjacent and runs parallel to the boundaries of the municipality.
14-7 SECTION 16. Section 43.105(a), Local Government Code, is
14-8 amended to read as follows:
14-9 (a) A general-law municipality with a population of 984-986
14-10 or 4,540-4,545 may annex, by ordinance [and without the consent of
14-11 any person], a public street, highway, road, or alley adjacent to
14-12 the municipality.
14-13 SECTION 17. Section 43.128, Local Government Code, is
14-14 amended to read as follows:
14-15 Sec. 43.128. JUDICIAL REMEDY [REMEDIES]: [FORCED ANNEXATION
14-16 OR] DISANNEXATION. (a) If the municipality fails to annex the
14-17 area for full purposes as required by Section 43.127(a), any
14-18 affected person may petition the district court to compel [the
14-19 annexation of the area for full purposes or] the disannexation of
14-20 the area. On finding that the municipality has failed to annex the
14-21 area as required by Section 43.127(a), the court shall enter an
14-22 order requiring the municipality [to annex the area for full
14-23 purposes or] to disannex the area. If an area is disannexed, the
14-24 area may not be annexed again by the municipality for five years.
14-25 (b) If the municipality fails to take the steps required by
14-26 Section 43.127(b), any affected person may petition the district
14-27 court to compel [the annexation of a particular area for full
15-1 purposes or] the disannexation of the area. On finding that the
15-2 municipality has failed to take the steps required by Section
15-3 43.127(b), the court shall enter an order requiring the
15-4 municipality [to annex the area for full purposes or] to disannex
15-5 the area.
15-6 SECTION 18. Sections 43.022, 43.023, 43.024, 43.025, 43.026,
15-7 43.027, 43.030, 43.032, 43.033, 43.034, 43.052(i), 43.0566, and
15-8 43.072(g)-(m), Local Government Code, are repealed.
15-9 SECTION 19. The changes in law made by this Act apply only
15-10 to an area included in a municipality's annexation plan under
15-11 Section 43.052, Local Government Code, as amended by this Act, on
15-12 or after the effective date of this Act. An area included in a
15-13 municipality's annexation plan before the effective date of this
15-14 Act is governed by the law in effect immediately before the
15-15 effective date of this Act, and the former law is continued in
15-16 effect for that purpose.
15-17 SECTION 20. This Act takes effect September 1, 2001.