ANALYSIS
General Authority to Annex Provisions
C.S.S.B. 715 makes existing
general annexation authority provisions applicable only to a municipality
wholly located in one or more counties each with a population of less than
500,000 and expressly inapplicable to such a municipality if it proposes to
annex an area in a county with a population of 500,000 or more, except that
the applicability of a provision regarding the general authority of a
home-rule municipality to annex area and take other actions regarding
boundaries is unchanged and certain provisions apply to a municipality wholly
located in one or more counties each with a population of less than 500,000, such
a municipality that proposes to annex an area in a county with a population
of 500,000 or more, and a municipality wholly or partly located in a county
with a population of 500,000 or more. The bill specifies those provisions as:
·
a provision authorizing the governing body of a Type A
general-law municipality by ordinance to annex area that the municipality
owns;
·
a provision authorizing the annexation by ordinance of any
navigable stream adjacent to the municipality and within the municipality's
extraterritorial jurisdiction;
·
a provision authorizing adjacent municipalities to make
mutually agreeable changes in their boundaries of areas that are less than
1,000 feet in width;
·
provisions relating to the authority of a municipality to annex
area qualified for agricultural or wildlife management use or as timber land;
and
·
a provision prohibiting a municipality with a population of
more than 175,000 located in a county that contains an international border
and borders the Gulf of Mexico from annexing an area that would cause another
municipality to be entirely surrounded by the corporate limits or
extraterritorial jurisdiction of the annexing municipality.
C.S.S.B. 715 removes from the
provision authorizing the annexation of any navigable stream adjacent to the
municipality and within the municipality's extraterritorial jurisdiction the
restriction that the annexing municipality is a general-law municipality. The
bill specifies that such an annexation or an annexation of area by a Type A
general-law municipality that owns the area occurs under procedures prescribed
for areas exempted from a municipal annexation plan.
C.S.S.B. 715 changes the
applicability of a provision authorizing a municipality to annex area only in
its extraterritorial jurisdiction unless the municipality owns the area from
being applicable to annexations taking place under provisions relating to a
municipal annexation plan to being applicable to annexations taking place under
general annexation authority provisions that apply to a municipality wholly
located in one or more counties each with a population of less than 500,000, such
a municipality that proposes to annex an area in a county with a population
of 500,000 or more, and a municipality wholly or partly located in a county
with a population of 500,000 or more.
Provisions Relating to a
Municipal Annexation Plan
C.S.S.B. 715 makes statutory
provisions relating to the annexation procedure for an area annexed under a
municipal annexation plan applicable only to a municipality wholly located in
one or more counties each with a population of less than 500,000. The bill
expressly makes such provisions inapplicable, unless otherwise specifically
provided by municipal annexation provisions, to a municipality wholly or
partly located in a county with a population of 500,000 or more and a
municipality wholly located in one or more counties each with a population of
less than 500,000 that proposes to annex an area in a county with a
population of 500,000 or more. The bill repeals provisions that generally
prohibit a municipality with a population of 1.6 million or more from
annexing an area that is less than 1,500 feet wide at any point and require
at least 1,500 feet of the perimeter of the area annexed by such a
municipality to be coterminous with the boundary of the municipal area of the
municipality. The bill removes the authorization for a person residing or
owning land in an annexed area in a municipality with a population of 1.6
million or more to enforce a service plan by petitioning the municipality for
a change in policy or procedures and repeals certain provisions that relate
to the provision of services to an annexed area by a municipality with a population
of 1.5 million or more, that prohibit a municipality with a population of 1.6
million or more from imposing certain fees in an annexed area to maintain the
level of services that existed in the area before annexation, and that relate
to service plans completed by certain municipalities in a county with a
population of more than one million and less than 1.5 million that have
adopted municipal civil service for firefighters and police officers and
directly employ firefighters. The bill also repeals provisions that relate to
the duties of a municipality with a population of more than 1.6 million that
includes within its boundaries annexed areas without water service, sewer
service, or both.
Provisions Relating to an
Area Exempted from a Municipal Annexation Plan
C.S.S.B. 715 makes statutory
provisions relating to the annexation procedure for an area exempted from a
municipal annexation plan applicable only to an area that is proposed for
annexation by a municipality wholly located in one or more counties each with
a population of less than 500,000. The bill expressly makes such provisions
inapplicable, unless otherwise specifically provided by municipal annexation
provisions, to an area that is proposed for annexation by a municipality
wholly or partly located in a county with a population of 500,000 or more or
by a municipality wholly located in one or more counties each with a
population of less than 500,000 that proposes to annex an area in a county
with a population of 500,000 or more. The bill removes an authorization for the
governing body of a municipality with a population of 1.6 million or more to
provide that an annexation take effect on any date within 90 days after the date
of the adoption of the ordinance providing for the annexation.
Annexation Provisions
Relating to a Municipality Wholly or Partly Located in a County with a
Population of 500,000 or More
C.S.S.B. 715 sets out
annexation provisions applicable only to a municipality wholly or partly
located in a county with a population of 500,000 or more and to a
municipality wholly located in one or more counties each with a population of
less than 500,000 that proposes to annex an area in a county with a
population of 500,000 or more. The bill authorizes a municipality to annex an
area that is noncontiguous to the boundaries of the municipality if the area
is in the municipality's extraterritorial jurisdiction. The bill sets out
provisions relating to the provision of certain services to an annexed area that
are applicable only to a municipality that includes solid waste collection
services in the list of services that will be provided in the area proposed
for annexation on or before the second anniversary of the effective date of
the annexation of the area under an applicable written agreement or
resolution.
C.S.S.B. 715 authorizes a
municipality to annex an area if each owner of land in the area requests the
annexation and provides for a written agreement regarding services and for
public hearings with respect to such an annexation.
C.S.S.B. 715 authorizes a
municipality to annex an area with a population of less than 200 only if the
municipality obtains consent to annex the area through a petition signed by
more than 50 percent of the registered voters of the area. The bill establishes
procedures for such an annexation and provides for the adoption of a
resolution by the municipality's governing body, notice of a proposed
annexation, a public hearing, petition requirements and results, and voter
approval by municipal residents on petition.
C.S.S.B. 715 authorizes a
municipality to annex an area with a population of 200 or more only if the
municipality holds an election in the area proposed to be annexed at which the
qualified voters of the area may vote on the question of the annexation and a
majority of the votes received at the election approve the annexation and, if
the registered voters of the area do not own more than 50 percent of the land
in the area, the municipality obtains consent to annex the area through a
petition signed by more than 50 percent of the owners of land in the area.
The bill establishes procedures for such an annexation and provides for the
adoption of a resolution by the municipality's governing body, notice of a
proposed annexation, public hearings, a petition for property owner consent
if applicable, election requirements, election and petition results, and
voter approval by municipal residents on petition.
C.S.S.B. 715 establishes that its
provisions relating to the annexation of an area on the request of the
landowners, the annexation of an area with a population of less than 200, and
the annexation of an area with a population of at least 200 do not affect the
procedures described by certain provisions regarding strategic planning
relating to military bases and defense facilities applicable to a defense
community.
C.S.S.B. 715 authorizes a
municipality, with respect to an industrial district designated by the municipality's
governing body in the municipality's extraterritorial jurisdiction, to annex all
or part of the district under the requirements applicable to a municipality
wholly located in one or more counties each with a population of less than
500,000.
Other Provisions
C.S.S.B. 715 revises provisions
relating to strategic partnerships for the continuation of certain districts with
regard to applicable procedures for an annexation under those provisions. The
bill restricts the authorization for a general-law municipality to annex a
municipally owned reservoir without the consent of any owners or residents of
the area and the authorization for a municipality to annex a municipally
owned airport without such consent to a municipality wholly located in one or
more counties each with a population of less than 500,000 and, if there are
no owners other than the municipality or residents of the area, a
municipality wholly or partly located in a county with a population of
500,000 or more and a municipality wholly located in one or more counties
each with a population of less than 500,000 that proposes to annex an area in
a county with a population of 500,000 or more. The bill specifies that such
an annexation occurs under the procedures applicable to a municipality wholly
located in one or more counties each with a population of less than 500,000.
C.S.S.B. 715 replaces the authorization
for a home-rule municipality that has a population of less than 11,000 and is
located primarily in a county with a population of more than 3.3 million to
annex a noncontiguous municipally owned airport without the consent of the
owners or residents of the area with the authorization for such a
municipality to annex such an airport under the requirements applicable to a
municipality wholly or partly located in a county with a population of
500,000 or more. The bill repeals certain provisions that relate to such an
annexation.
C.S.S.B. 715 restricts the
authority granted to a general-law municipality with a population of 500 or
more to annex, by ordinance and without the consent of any person, the part
of a street, highway, alley, or other public or private way that is adjacent
and runs parallel to the boundaries of the municipality to such a
municipality wholly located in one or more counties each with a population of
less than 500,000. The bill restricts the authority granted to certain small
general‑law municipalities to annex, by ordinance and without the
consent of any person, a public street, highway, road, or alley adjacent to
the municipality to such a municipality wholly located in a county with a
population of less than 500,000.
C.S.S.B. 715 authorizes a
municipality wholly or partly located in a county with a population of
500,000 or more to annex by ordinance a road or the right-of-way of a road on
request of the owner of the road or right-of-way or the governing body of the
political subdivision that maintains the road or right-of-way under the
procedures applicable to a municipality wholly located in one or more
counties each with a population of less than 500,000. The bill requires a general-law
municipality with a population of 500 or more wholly located in one or more
counties each with a population of less than 500,000 and certain small
general-law municipalities wholly located in a county with a population of
less than 500,000 to comply with this provision if the municipality proposes
to annex a road or right-of-way in a county with a population of 500,000 or
more.
C.S.S.B. 715 prohibits a
municipality wholly or partly located in a county with a population of
500,000 or more or a municipality wholly located in one or more counties each
with a population of 500,000 or less that proposes to annex an area in a
county with a population of 500,000 or more from annexing an area for the
limited purposes of applying its planning, zoning, health, and safety
ordinances in the area, with certain exceptions. This prohibition applies
beginning September 1, 2017.
C.S.S.B. 715 makes changes to
provisions providing for the disannexation of an annexed area based on a
municipality's failure to provide services to reflect the annexation
procedures set out by the bill for municipalities wholly or partly located in
a county with a population of 500,000 or more and municipalities wholly
located in one or more counties each with a population of less than 500,000
that propose to annex an area in a county with a population of 500,000 or
more. The bill makes changes to provisions relating to the alteration of the
annexation status of certain municipal utility districts.
C.S.S.B. 715 repeals provisions
that require a municipality to apply for preclearance under the federal
Voting Rights Act of 1965 of any voting change resulting from an annexation
or proposed annexation from the U.S. Department of Justice.
C.S.S.B. 715 amends the Special
District Local Laws Code to make conforming changes.
C.S.S.B. 715 applies only to
the annexation of an area that is not final on the bill's effective date. The
bill provides for the effect of certain repeals.
Repealers
C.S.S.B. 715 repeals the following provisions of the Local
Government Code:
·
Section 43.036
·
Section 43.0546
·
Sections 43.056(d), (h), and (p)
·
Section 43.0565
·
Section 43.0567
·
Sections 43.1025(e) and (g)
·
Section 43.906
C.S.S.B. 715 repeals Section 5.701(n)(6), Water Code.
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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter A,
Chapter 43, Local Government Code, is amended by adding Section 43.003 to
read as follows:
Sec. 43.003. LIMITED
PURPOSE ANNEXATION GENERALLY PROHIBITED; EXCEPTION. (a) Except as
provided by Section 43.0751, beginning September 1, 2017, a municipality
may not annex an area for the limited purposes of applying its planning,
zoning, health, and safety ordinances in the area.
(b) This section
supersedes any municipal charter provision that conflicts with this
section.
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No
equivalent provision. (But see SECTION 37 below.)
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SECTION 2. Section 43.021,
Local Government Code, is amended to read as follows:
Sec.
43.021. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE
OTHER ACTIONS REGARDING BOUNDARIES.
A home-rule municipality may
take the following actions according to rules as may be provided by the
charter of the municipality and not inconsistent with the requirements
[procedural rules] prescribed by this chapter:
(1) fix the boundaries of
the municipality;
(2) extend the boundaries of
the municipality and annex area adjacent to the municipality; and
(3) exchange area with other
municipalities.
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SECTION 1. Section 43.021,
Local Government Code, is transferred to
Subchapter A, Chapter 43, Local Government Code, redesignated as Section
43.003, Local Government Code, and amended to read as follows:
Sec.
43.003 [43.021]. AUTHORITY OF HOME-RULE MUNICIPALITY
TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A home-rule
municipality may take the following actions according to rules as may be
provided by the charter of the municipality and not inconsistent with the requirements
[procedural rules] prescribed by this chapter:
(1) fix the boundaries of
the municipality;
(2) extend the boundaries of
the municipality and annex area adjacent to the municipality; and
(3) exchange area with other
municipalities.
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No
equivalent provision.
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SECTION 2. Chapter 43, Local
Government Code, is amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. GENERAL
AUTHORITY TO ANNEX
Sec. 43.011.
APPLICABILITY. This subchapter applies to:
(1) a municipality wholly
located in one or more counties each with a population of less than
500,000; and
(2) notwithstanding
Subchapter C-4 or C-5:
(A) a municipality wholly
or partly located in a county with a population of 500,000 or more; and
(B) a municipality
described by Subdivision (1) that proposes to annex an area in a county
with a population of 500,000 or more.
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SECTION 3. Section 43.051,
Local Government Code, is transferred to Subchapter
B, Chapter 43, Local Government Code, redesignated
as Section 43.0211, Local Government Code, and amended to read as
follows:
Sec.
43.0211 [43.051]. AUTHORITY TO ANNEX LIMITED TO
EXTRATERRITORIAL JURISDICTION. A municipality may annex area only in the
municipality's [its] extraterritorial jurisdiction unless the
municipality owns the area.
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SECTION 5. Section 43.051,
Local Government Code, is transferred to Subchapter
A-1, Chapter 43, Local Government Code, as added by this Act, and redesignated as Section 43.014,
Local Government Code, to read as follows:
Sec.
43.014 [43.051]. AUTHORITY TO ANNEX LIMITED TO
EXTRATERRITORIAL JURISDICTION. A municipality may annex area only in its
extraterritorial jurisdiction unless the municipality owns the area.
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SECTION 4. Section 43.054, Local Government Code, is
transferred to Subchapter B, Chapter 43, Local Government Code,
redesignated as Section 43.02115, Local Government Code, and amended
to read as follows:
Sec.
43.02115 [43.054]. WIDTH REQUIREMENTS.
(a) A municipality [with
a population of less than 1.6 million] may not annex a publicly or
privately owned area, including a strip of area following the course of a
road, highway, river, stream, or creek, unless the width of the area at the
area's [its] narrowest point is at least 1,000 feet.
(b)
The prohibition established by Subsection (a) does not apply if:
(1)
the boundaries of the municipality are contiguous to the area on at least
two sides;
(2)
the annexation is initiated on the request [written petition]
of the owners or on the written petition of a majority of the registered
[qualified] voters of the area; or
(3)
the area abuts or is contiguous to another jurisdictional boundary.
[(c)
Notwithstanding Subsection (a), a municipality with a population of 21,000
or more located in a county with a population of 100,000 or more may annex
a publicly owned strip or similar area following the course of a road or
highway for the purpose of annexing territory contiguous to the strip or
area if the territory contiguous to the strip or area was formerly used or
was to be used in connection with or by a superconducting super collider
high-energy research facility.]
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SECTION 14. Section 43.054(a), Local Government Code, is
amended to read as follows:
(a) A municipality [with
a population of less than 1.6 million] may not annex a publicly or
privately owned area, including a strip of area following the course of a
road, highway, river, stream, or creek, unless the width of the area at its
narrowest point is at least 1,000 feet.
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SECTION 5. Subchapter B,
Chapter 43, Local Government Code, is amended by adding Section 43.0212 to
read as follows:
Sec. 43.0212. AUTHORITY
OF MUNICIPALITY TO ANNEX AREA ON REQUEST OF OWNERS. (a) Notwithstanding
Subchapter C or C-1, a municipality may annex an area if each owner of land
in the area requests the annexation.
(b) If a municipality
elects to annex an area under this section, the governing body of the
municipality must first negotiate and enter into a written agreement for
the provision of services in the area with the owners of land in the area.
The municipality is not required to provide a service that is not included
in the agreement.
(c) Before a municipality
may annex an area under this section, the governing body of the
municipality must conduct at least two public hearings. The hearings must
be conducted not less than 10 business days apart. During the first public
hearing, the governing body must provide persons interested in the
annexation the opportunity to be heard. During the final public hearing,
the governing body may adopt an ordinance annexing the area.
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No
equivalent provision. (But see Subchapter C-3 in SECTION 24
below.)
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SECTION 6. Section
43.0235(a), Local Government Code, is amended to read as follows:
(a) A general-law
municipality may annex an area in which 50 percent or more of the property
in the area to be annexed is primarily used for a commercial or industrial
purpose only if the municipality:
(1) is otherwise authorized
by this chapter [subchapter] to annex the area and complies
with the requirements prescribed under that authority; and
(2) obtains the written
consent of the owners of a majority of the property in the area to be
annexed.
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No
equivalent provision.
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SECTION 7. Section 43.026,
Local Government Code, is amended to read as follows:
Sec.
43.026. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA
IT OWNS. Notwithstanding Subchapter
C or C-1, the [The] governing body of a Type A
general-law municipality by ordinance may annex area that the municipality
owns. The ordinance must describe the area by metes and bounds and must be
entered in the minutes of the governing body.
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SECTION 3. Section 43.026,
Local Government Code, is transferred to
Subchapter A-1, Chapter 43, Local Government Code, as added by this Act,
redesignated as Section 43.012, Local Government Code, and amended
to read as follows:
Sec.
43.012 [43.026]. AUTHORITY OF TYPE A GENERAL-LAW
MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A
general-law municipality by ordinance may annex area that the municipality
owns under the procedures prescribed
by Subchapter C-1. The ordinance must describe the area by
metes and bounds and must be entered in the minutes of the governing body.
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SECTION 8. Section 43.027,
Local Government Code, is amended to read as follows:
Sec.
43.027. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX NAVIGABLE
STREAM. Notwithstanding Subchapter C
or C-1, the [The] governing body of a general-law municipality by ordinance
may annex any navigable stream adjacent to the municipality and within the
municipality's extraterritorial jurisdiction.
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SECTION 4. Section 43.027,
Local Government Code, is transferred to
Subchapter A-1, Chapter 43, Local Government Code, as added by this Act,
redesignated as Section 43.013, Local Government Code, and amended
to read as follows:
Sec.
43.013 [43.027]. AUTHORITY OF [GENERAL-LAW]
MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a [general-law] municipality by ordinance
may annex any navigable stream adjacent to the municipality and within the
municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1.
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SECTION 9. Section 43.029,
Local Government Code, is amended by amending Subsection (c) and adding
Subsections (d), (e), (f), and (g) to read as follows:
(c) Notwithstanding
Subchapter C or C-1, the [The] board of trustees of a public
school occupying the area may petition the governing body of the
municipality in writing to annex the area under the procedures provided
by this section. [Sections 43.028(c)-(f) apply to the petition and
annexation under this section in the same manner in which they apply to the
petition and annexation under that section.]
(d) The petition must describe
the area by metes and bounds and must be acknowledged in the manner
required for deeds by each person having an interest in the area.
(e) After the 5th day but
on or before the 30th day after the date the petition is filed, the
governing body shall hear the petition and the arguments for and against
the annexation and shall grant or refuse the petition as the governing body
considers appropriate.
(f) If the governing body
grants the petition, the governing body by ordinance may annex the area. On
the effective date of the ordinance, the area becomes a part of the
municipality.
(g) If the petition is
granted and the ordinance is adopted, a certified copy of the ordinance
together with a copy or duplicate of the petition shall be filed in the
office of the county clerk of the county in which the municipality is
located.
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No
equivalent provision.
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SECTION 10. Section 43.031,
Local Government Code, is amended to
read as follows:
Sec.
43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES
BY AGREEMENT. Notwithstanding
Subchapter C or C-1, adjacent [Adjacent] municipalities
may make mutually agreeable changes in their boundaries of areas that are
less than 1,000 feet in width.
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SECTION 6. Section 43.031,
Local Government Code, is transferred to
Subchapter A-1, Chapter 43, Local Government Code, as added by this Act,
and redesignated as Section 43.015, Local Government Code, to read as
follows:
Sec.
43.015 [43.031]. AUTHORITY OF ADJACENT MUNICIPALITIES
TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may make
mutually agreeable changes in their boundaries of areas that are less than
1,000 feet in width.
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No
equivalent provision.
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SECTION 7. Section 43.035,
Local Government Code, is transferred to Subchapter A-1, Chapter 43, Local
Government Code, as added by this Act, redesignated as Section 43.016,
Local Government Code, and amended to read as follows:
Sec. 43.016 [43.035].
AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR
WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. (a) This section applies only
to an area:
(1) eligible to be the
subject of a development agreement under Subchapter G, Chapter 212; and
(2) appraised for ad valorem
tax purposes as land for agricultural or wildlife management use under
Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter
E of that chapter.
(b) A municipality may not
annex an area to which this section applies unless:
(1) the municipality offers
to make a development agreement with the landowner under Section 212.172
that would:
(A) guarantee the
continuation of the extraterritorial status of the area; and
(B) authorize the
enforcement of all regulations and planning authority of the municipality
that do not interfere with the use of the area for agriculture, wildlife
management, or timber; and
(2) the landowner declines
to make the agreement described by Subdivision (1).
(c) For purposes of Section 43.003(2)
[43.021(2)] or another law, including a municipal charter or
ordinance, relating to municipal authority to annex an area adjacent to the
municipality, an area adjacent or contiguous to an area that is the subject
of a development agreement described by Subsection (b)(1) is considered adjacent
or contiguous to the municipality.
(d) A provision of a
development agreement described by Subsection (b)(1) that restricts or
otherwise limits the annexation of all or part of the area that is the
subject of the agreement is void if the landowner files any type of
subdivision plat or related development document for the area with a
governmental entity that has jurisdiction over the area, regardless of how
the area is appraised for ad valorem tax purposes.
(e) A development agreement
described by Subsection (b)(1) is not a permit for purposes of Chapter 245.
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No
equivalent provision.
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SECTION 8. Section 43.037,
Local Government Code, is transferred to Subchapter A-1, Chapter 43, Local
Government Code, as added by this Act, and redesignated as Section 43.017,
Local Government Code, to read as follows:
Sec. 43.017 [43.037].
PROHIBITION AGAINST ANNEXATION TO SURROUND MUNICIPALITY IN CERTAIN
COUNTIES. A municipality with a population of more than 175,000 located in
a county that contains an international border and borders the Gulf of
Mexico may not annex an area that would cause another municipality to be
entirely surrounded by the corporate limits or extraterritorial
jurisdiction of the annexing municipality.
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No
equivalent provision.
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SECTION 9. The heading to
Subchapter B, Chapter 43, Local Government Code, is amended to read as
follows:
SUBCHAPTER B. GENERAL
AUTHORITY TO ANNEX: MUNICIPALITIES WHOLLY LOCATED IN COUNTIES WITH
POPULATION OF LESS THAN 500,000
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No
equivalent provision.
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SECTION 10. Subchapter B,
Chapter 43, Local Government Code, is amended by adding Section 43.0205 to
read as follows:
Sec. 43.0205.
APPLICABILITY. (a) Except as provided by Subsection (b), this subchapter
applies only to a municipality wholly located in one or more counties each
with a population of less than 500,000.
(b) This subchapter does
not apply to a municipality described by Subsection (a) that proposes to
annex an area in a county with a population of 500,000 or more.
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SECTION 11. The heading to Subchapter
C, Chapter 43, Local Government Code, is amended to read as follows:
SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF
LESS THAN 200 [PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL
ANNEXATION PLAN]
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SECTION 11. The heading to
Subchapter C, Chapter 43, Local Government Code, is amended to read as
follows:
SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN COUNTIES
WITH POPULATION OF LESS THAN 500,000
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SECTION 12. Subchapter C,
Chapter 43, Local Government Code, is amended by adding Sections 43.0511
through 43.0518 to read as follows:
Sec. 43.0511. AUTHORITY
TO ANNEX. A municipality may annex an area with a population of less than
200 only if the municipality obtains consent to annex the area through a
petition signed by:
(1) more than 50 percent
of the registered voters of the area; and
(2) if the registered
voters of the area do not own more than 50 percent of the land in the area,
more than 50 percent of the owners of land in the area.
Sec. 43.0512.
RESOLUTION. The governing body of the municipality that proposes to annex
an area under this subchapter must adopt a resolution that includes:
(1) a statement of the
municipality's intent to annex the area;
(2) a detailed
description and map of the area to be annexed; and
(3) a description of the
services to be provided by the municipality in the area after the
annexation, including, as applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical
services;
(D) solid waste
collection;
(E) operation and
maintenance of water and wastewater facilities in the annexed area;
(F) operation and
maintenance of roads and streets, including road and street lighting;
(G) operation and
maintenance of parks, playgrounds, and swimming pools; and
(H) operation and
maintenance of any other publicly owned facility, building, or service.
Sec. 43.0513. NOTICE OF
PROPOSED ANNEXATION. Not later than the seventh day after the date the
governing body of the municipality adopts the resolution under Section
43.0512, the municipality must mail to each resident in the area proposed
to be annexed notification of the proposed annexation that includes:
(1) notice of the public
hearing required by Section 43.0514;
(2) an explanation of the
60-day petition period described by Section 43.0515; and
(3) a description of the
services to be provided by the municipality in the area after the
annexation.
Sec. 43.0514. PUBLIC
HEARING. The governing body of a municipality must conduct at least one
public hearing on the proposed annexation at which members of the public
are given an opportunity to be heard. The governing body must conduct the
hearing not earlier than the 21st day and not later than the 30th day after
the date the governing body adopts the resolution under Section 43.0512.
Sec. 43.0515. PETITION.
(a) The petition required by Section 43.0511 may be signed only by a
registered voter of the area proposed to be annexed or an owner of land in
the area. The petition must provide for the person signing to state
whether the person is signing as a registered voter of the area, as an
owner of land in the area, or as both.
(b) The municipality may collect
signatures on the petition only during the period beginning on the 31st day
after the date the governing body of the municipality adopts the resolution
under Section 43.0512 and ending on the 90th day after the date the
resolution is adopted.
(c) The petition must
clearly state that a person signing the petition is consenting to the
proposed annexation.
(d) The petition must
include a map of and describe the area proposed to be annexed.
(e) The municipality must
collect petition signatures in person, except that the municipality may
provide for an owner of land in the area who is not a resident of the area
to sign the petition electronically.
(f) Chapter 277, Election
Code, applies to a petition under this section.
Sec. 43.0516. RESULTS OF
PETITION. (a) When the petition period prescribed by Section 43.0515
ends, the petition shall be verified by the municipal secretary or other
person responsible for verifying signatures. The municipality must notify
the residents of the area proposed to be annexed of the results of the
petition.
(b) If the municipality
does not obtain the number of signatures on the petition required to annex
the area, the municipality may not annex the area and may not adopt another
resolution under Section 43.0512 to annex any part of the area until the
first anniversary of the date the petition period ended.
(c) If the municipality
obtains the number of signatures on the petition required to annex the
area, the municipality may annex the area after:
(1) providing notice under
Subsection (a);
(2) conducting a public
hearing at which members of the public are given an opportunity to be
heard; and
(3) conducting a final
hearing not earlier than the 10th day after the date of the public hearing
under Subdivision (2) at which the ordinance annexing the area may be
adopted.
Sec. 43.0517. VOTER
APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the
annexation of an area under this subchapter is signed by a number of
registered voters of the municipality proposing the annexation equal to at
least 50 percent of the number of voters who voted in the most recent
municipal election and is received by the municipal secretary before the
date the petition period prescribed by Section 43.0515 ends, the
municipality may not complete the annexation of the area without approval
of a majority of the voters of the municipality voting at an election
called and held for that purpose.
Sec. 43.0518. RETALIATION
FOR ANNEXATION DISAPPROVAL PROHIBITED. (a) The disapproval of the
proposed annexation of an area under this subchapter does not affect any
existing legal obligation of the municipality proposing the annexation to
continue to provide governmental services in the area, including water or
wastewater services.
(b) The municipality may
not initiate a rate proceeding solely because of the disapproval of a
proposed annexation of an area under this subchapter.
|
No
equivalent provision. (But see Subchapter C-4 in SECTION 24
below.)
|
No
equivalent provision.
|
SECTION 12. Subchapter C,
Chapter 43, Local Government Code, is amended by adding Section 43.0505 to
read as follows:
Sec. 43.0505.
APPLICABILITY. (a) Except as provided by Subsection (b), this subchapter
applies only to a municipality wholly located in one or more counties each
with a population of less than 500,000.
(b) Unless otherwise
specifically provided by this chapter, this subchapter does not apply to:
(1) a municipality wholly
or partly located in a county with a population of 500,000 or more; or
(2) a municipality
described by Subsection (a) that proposes to annex an area in a county with
a population of 500,000 or more.
|
No
equivalent provision.
|
SECTION 13. Section
43.052(h), Local Government Code, is amended to read as follows:
(h) This section does not
apply to an area proposed for annexation if:
(1) the area contains fewer
than 100 separate tracts of land on which one or more residential dwellings
are located on each tract;
(2) the area will be annexed
by petition of more than 50 percent of the real property owners in the area
proposed for annexation or by vote or petition of the qualified voters or
real property owners as provided by Subchapter B;
(3) the area is or was the
subject of:
(A) an industrial district
contract under Section 42.044; or
(B) a strategic partnership
agreement under Section 43.0751;
(4) the area is located in a
colonia, as that term is defined by Section 2306.581, Government Code;
(5) the area is annexed
under Section 43.012, 43.013, 43.015 [43.026, 43.027], or
43.029[, or 43.031];
(6) the area is located
completely within the boundaries of a closed military installation; or
(7) the municipality
determines that the annexation of the area is necessary to protect the area
proposed for annexation or the municipality from:
(A) imminent destruction of
property or injury to persons; or
(B) a condition or use that
constitutes a public or private nuisance as defined by background
principles of nuisance and property law of this state.
|
No
equivalent provision.
|
SECTION 15. Section
43.056(l), Local Government Code, is amended to read as follows:
(l) A service plan is valid
for 10 years. Renewal of the service plan is at the discretion of the
municipality. [A person residing or owning land in an annexed area in a
municipality with a population of 1.6 million or more may enforce a service
plan by petitioning the municipality for a change in policy or procedures
to ensure compliance with the service plan. If the municipality fails to
take action with regard to the petition, the petitioner may request
arbitration of the dispute under Section 43.0565.] A person residing
or owning land in an annexed area [in a municipality with a population
of less than 1.6 million] may enforce a service plan by applying for a
writ of mandamus not later than the second anniversary of the date the
person knew or should have known that the municipality was not complying
with the service plan. If a writ of mandamus is applied for, the
municipality has the burden of proving that the services have been provided
in accordance with the service plan in question. If a court issues a writ
under this subsection, the court:
(1) must provide the
municipality the option of disannexing the area within a reasonable period
specified by the court;
(2) may require the
municipality to comply with the service plan in question before a
reasonable date specified by the court if the municipality does not
disannex the area within the period prescribed by the court under
Subdivision (1);
(3) may require the municipality
to refund to the landowners of the annexed area money collected by the
municipality from those landowners for services to the area that were not
provided;
(4) may assess a civil
penalty against the municipality, to be paid to the state in an amount as
justice may require, for the period in which the municipality is not in
compliance with the service plan;
(5) may require the parties
to participate in mediation; and
(6) may require the
municipality to pay the person's costs and reasonable attorney's fees in
bringing the action for the writ.
|
No
equivalent provision.
|
SECTION 16. Section
43.0562(a), Local Government Code, is amended to read as follows:
(a) After holding the
hearings as provided by Section 43.0561:
(1) [if a municipality
has a population of less than 1.6 million,] the municipality and the
property owners of the area proposed for annexation shall negotiate for the
provision of services to the area after annexation or for the provision of
services to the area in lieu of annexation under Section 43.0563; or
(2) if a municipality
proposes to annex a special district, as that term is defined by Section
43.052, the municipality and the governing body of the district shall
negotiate for the provision of services to the area after annexation or for
the provision of services to the area in lieu of annexation under Section
43.0751.
|
No
equivalent provision.
|
SECTION 17. Section
43.0563(a), Local Government Code, is amended to read as follows:
(a) The governing body of a
municipality [with a population of less than 1.6 million] may
negotiate and enter into a written agreement for the provision of services
and the funding of the services in an area with:
(1) representatives
designated under Section 43.0562(b), if the area is included in the
municipality's annexation plan; or
(2) an owner of an area
within the extraterritorial jurisdiction of the municipality if the area is
not included in the municipality's annexation plan.
|
SECTION 13. The heading to
Subchapter C-1, Chapter 43, Local Government Code, is amended to read as
follows:
SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT
LEAST 200 [PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION
PLAN]
|
SECTION 18. The heading to
Subchapter C-1, Chapter 43, Local Government Code, is amended to read as
follows:
SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN COUNTIES
WITH POPULATION OF LESS THAN 500,000
|
SECTION 14. Subchapter C-1,
Chapter 43, Local Government Code, is amended by adding Sections 43.0611
through 43.0619 to read as follows:
Sec. 43.0611. AUTHORITY
TO ANNEX. A municipality may annex an area with a population of 200 or
more only if the following conditions are met, as applicable:
(1) the municipality
holds an election in the area proposed to be annexed at which the qualified
voters of the area may vote on the question of the annexation, and a
majority of the votes received at the election approve the annexation; and
(2) if the registered voters
of the area do not own more than 50 percent of the land in the area, the
municipality obtains consent to annex the area through a petition signed by
more than 50 percent of the owners of land in the area.
Sec. 43.0612.
RESOLUTION. The governing body of the municipality that proposes to annex
an area under this subchapter must adopt a resolution that includes:
(1) a statement of the
municipality's intent to annex the area;
(2) a detailed
description and map of the area to be annexed; and
(3) a description of the
services to be provided by the municipality in the area after the
annexation, including, as applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical
services;
(D) solid waste
collection;
(E) operation and
maintenance of water and wastewater facilities in the annexed area;
(F) operation and
maintenance of roads and streets, including road and street lighting;
(G) operation and
maintenance of parks, playgrounds, and swimming pools; and
(H) operation and
maintenance of any other publicly owned facility, building, or service.
Sec. 43.0613. NOTICE OF
PROPOSED ANNEXATION. Not later than the seventh day after the date the
governing body of the municipality adopts the resolution under Section
43.0612, the municipality must mail to each property owner in the area
proposed to be annexed notification of the proposed annexation that
includes:
(1) notice of the public
hearing required by Section 43.0614;
(2) notice that an
election on the question of annexing the area will be held; and
(3) a description of the
services to be provided by the municipality in the area after the
annexation.
Sec. 43.0614. PUBLIC
HEARINGS. (a) The governing body of a municipality must conduct at least
two public hearings on the proposed annexation at which members of the
public are given an opportunity to be heard.
(b) The governing body
must conduct the first public hearing not earlier than the 21st day and not
later than the 30th day after the date the governing body adopts the
resolution under Section 43.0612.
(c) The governing body
must conduct the second public hearing not earlier than the 31st day and
not later than the 90th day after the date the governing body adopts a
resolution under Section 43.0612.
Sec. 43.0615. PROPERTY
OWNER CONSENT REQUIRED FOR CERTAIN AREAS. (a) If the registered voters in
the area proposed to be annexed do not own more than 50 percent of the land
in the area, the municipality must obtain consent to the annexation through
a petition signed by more than 50 percent of the owners of land in the area
in addition to the election required by this subchapter.
(b) The municipality must
obtain the consent required by this section through the petition process
prescribed by Section 43.0515, and the petition must be verified in the
manner provided by Section 43.0516(a).
Sec. 43.0616. ELECTION.
(a) A municipality shall order an election on the question of annexing an
area to be held on the first uniform election date that falls on or after:
(1) the 90th day after
the date the governing body of the municipality adopts the resolution under
Section 43.0612; or
(2) if the consent of the
owners of land in the area is required under Section 43.0615, the 78th day
after the date the petition period to obtain that consent ends.
(b) An election under
this section shall be held in the same manner as general elections of the
municipality. The municipality shall pay for the costs of holding the
election.
Sec. 43.0617. RESULTS OF
ELECTION AND PETITION. (a) Following an election held under this
subchapter, the municipality must notify the residents of the area proposed
to be annexed of the results of the election and, if applicable, of the
petition required by Section 43.0615.
(b) If at the election
held under this subchapter a majority of qualified voters do not approve
the proposed annexation, or if the municipality is required to petition
owners of land in the area under Section 43.0615 and does not obtain the
required number of signatures, the municipality may not annex the area and
may not adopt another resolution under Section 43.0612 to annex any part of
the area until the first anniversary of the date of the adoption of the
resolution.
(c) If at the election
held under this subchapter a majority of qualified voters approve the
proposed annexation, and if the municipality, as applicable, obtains the
required number of petition signatures under Section 43.0615, the
municipality may annex the area after:
(1) providing notice
under Subsection (a);
(2) conducting a public
hearing at which members of the public are given an opportunity to be
heard; and
(3) conducting a final
hearing not earlier than the 10th day after the date of the public hearing
under Subdivision (2) at which the ordinance annexing the area may be
adopted.
Sec. 43.0618. VOTER
APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the
annexation of an area under this subchapter is signed by a number of
registered voters of the municipality proposing the annexation equal to at
least 50 percent of the number of voters who voted in the most recent
municipal election and is received by the municipal secretary before the
date the election required by this subchapter is held, the municipality may
not complete the annexation of the area without approval of a majority of
the voters of the municipality voting at a separate election called and
held for that purpose.
Sec. 43.0619. RETALIATION
FOR ANNEXATION DISAPPROVAL PROHIBITED. (a) The disapproval of the
proposed annexation of an area under this subchapter does not affect any
existing legal obligation of the municipality proposing the annexation to
continue to provide governmental services in the area, including water or
wastewater services.
(b) The municipality may
not initiate a rate proceeding solely because of the disapproval of a
proposed annexation of an area under this subchapter.
|
No
equivalent provision. (But see Subchapter C-5 in SECTION 24
below.)
|
SECTION 15. Section
43.071(e), Local Government Code, is amended to read as follows:
(e) Subsections (b) and
(c) [(b)-(d)] do not apply to the annexation of:
(1) an area within a water
or sewer district if:
(A) the governing body of
the district consents to the annexation;
(B) the owners in fee simple
of the area to be annexed consent to the annexation; and
(C) the annexed area does
not exceed 525 feet in width at its widest point;
(2) a water or sewer
district that has a noncontiguous part that is not within the
extraterritorial jurisdiction of the municipality; or
(3) a part of a special
utility district created or operating under Chapter 65, Water Code.
|
No
equivalent provision.
|
No
equivalent provision.
|
SECTION 19. Section 43.061,
Local Government Code, is amended to read as follows:
Sec. 43.061. APPLICABILITY.
(a) Except as provided by Subsection (b), this [This]
subchapter applies only to an area that is proposed for
annexation by a municipality wholly located in one or more counties each
with a population of less than 500,000 and that is not required to be
included in a municipal annexation plan under Section 43.052(h) [43.052].
(b) Unless otherwise
specifically provided by this chapter, this subchapter does not apply to an
area that is proposed for annexation by:
(1) a municipality wholly
or partly located in a county with a population of 500,000 or more; or
(2) a municipality
described by Subsection (a) that proposes to annex an area in a county with
a population of 500,000 or more.
|
No
equivalent provision.
|
SECTION 20. Section
43.062(a), Local Government Code, is amended to read as follows:
(a) Sections [43.051,]
43.054, 43.0545, 43.055, [43.0565, 43.0567,] and 43.057 apply to the
annexation of an area to which this subchapter applies.
|
No
equivalent provision.
|
SECTION 21. Section 43.064,
Local Government Code, is amended to read as follows:
Sec. 43.064. PERIOD FOR
COMPLETION OF ANNEXATION[; EFFECTIVE DATE]. [(a)] The
annexation of an area must be completed within 90 days after the date the
governing body institutes the annexation proceedings or those proceedings
are void. Any period during which the municipality is restrained or
enjoined by a court from annexing the area is not included in computing the
90-day period.
[(b) Notwithstanding any
provision of a municipal charter to the contrary, the governing body of a
municipality with a population of 1.6 million or more may provide that an
annexation take effect on any date within 90 days after the date of the
adoption of the ordinance providing for the annexation.]
|
No
equivalent provision.
|
SECTION 22. Chapter 43,
Local Government Code, is amended by adding Subchapter C-2 to read as
follows:
SUBCHAPTER C-2. GENERAL
ANNEXATION AUTHORITY AND PROCEDURES: MUNICIPALITIES WHOLLY OR PARTLY
LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE
Sec. 43.066.
APPLICABILITY. This subchapter applies only to:
(1) a municipality wholly
or partly located in a county with a population of 500,000 or more; and
(2) a municipality wholly
located in one or more counties each with a population of less than 500,000
that proposes to annex an area in a county with a population of 500,000 or
more.
Sec. 43.0661. AUTHORITY
TO ANNEX NONCONTIGUOUS AREAS. A municipality may annex an area that is
noncontiguous to the boundaries of the municipality if the area is in the
municipality's extraterritorial jurisdiction.
Sec. 43.0662. PROVISION
OF CERTAIN SERVICES TO ANNEXED AREA. (a) This section applies only to a
municipality that includes solid waste collection services in the list of
services that will be provided in the area proposed for annexation on or
before the second anniversary of the effective date of the annexation of
the area under a written agreement under Section 43.0672 or a resolution
under Section 43.0682 or 43.0692.
(b) A municipality is not
required to provide solid waste collection services to a person who
continues to use the services of a privately owned solid waste management
service provider as provided by Subsection (c).
(c) Before the second
anniversary of the effective date of the annexation of an area, a
municipality may not:
(1) prohibit the
collection of solid waste in the area by a privately owned solid waste management
service provider; or
(2) impose a fee for
solid waste management services on a person who continues to use the
services of a privately owned solid waste management service provider.
Sec. 43.0664. EFFECT ON
OTHER LAW. Subchapters C-3 through C-5 do not affect the procedures
described by Section 397.005 or 397.006 applicable to a defense community
as defined by Section 397.001.
|
No
equivalent provision.
|
SECTION 23. Section 43.030,
Local Government Code, is transferred to Subchapter C-2, Chapter 43, Local
Government Code, as added by this Act, redesignated as Section 43.0663,
Local Government Code, and amended to read as follows:
Sec. 43.0663 [43.030].
AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN
COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding
Subchapter C-4 or C-5, a [A] municipality that has a population
of 74,000 to 99,700, that is located wholly or partly in a county with a
population of more than 1.8 million, and that completely surrounds and is
contiguous to a general-law municipality with a population of less than
600, may annex the general-law municipality as provided by this section.
(b) The governing body of
the smaller municipality may adopt an ordinance ordering an election on the
question of consenting to the annexation of the smaller municipality by the
larger municipality. The governing body of the smaller municipality shall
adopt the ordinance if it receives a petition to do so signed by a number
of qualified voters of the municipality equal to at least 10 percent of the
number of voters of the municipality who voted in the most recent general
election. If the ordinance ordering the election is to be adopted as a
result of a petition, the ordinance shall be adopted within 30 days after
the date the petition is received.
(c) The ordinance ordering
the election must provide for the submission of the question at an election
to be held on the first uniform election date prescribed by Chapter 41,
Election Code, that occurs after the 30th day after the date the ordinance
is adopted and that affords enough time to hold the election in the manner
required by law.
(d) Within 10 days after the
date on which the election is held, the governing body of the smaller
municipality shall canvass the election returns and by resolution shall
declare the results of the election. If a majority of the votes received
is in favor of the annexation, the secretary of the smaller municipality or
other appropriate municipal official shall forward by certified mail to the
secretary of the larger municipality a certified copy of the resolution.
(e) The larger municipality,
within 90 days after the date the resolution is received, must complete the
annexation by ordinance in accordance with its municipal charter or the
general laws of the state. If the annexation is not completed within the
90-day period, any annexation proceeding is void and the larger
municipality may not annex the smaller municipality under this section.
However, the failure to complete the annexation as provided by this
subsection does not prevent the smaller municipality from holding a new
election on the question to enable the larger municipality to annex the
smaller municipality as provided by this section.
(f) If the larger
municipality completes the annexation within the prescribed period, the
incorporation of the smaller municipality is abolished. The records,
public property, public buildings, money on hand, credit accounts, and
other assets of the smaller municipality become the property of the larger
municipality and shall be turned over to the officers of that
municipality. The offices in the smaller municipality are abolished and
the persons holding those offices are not entitled to further remuneration
or compensation. All outstanding liabilities of the smaller municipality
are assumed by the larger municipality.
(g) In the annexation
ordinance, the larger municipality shall adopt, for application in the area
zoned by the smaller municipality, the identical comprehensive zoning
ordinance that the smaller municipality applied to the area at the time of
the election. Any attempted annexation of the smaller municipality that
does not include the adoption of that comprehensive zoning ordinance is
void. That comprehensive zoning ordinance may not be repealed or amended
for a period of 10 years unless the written consent of the landowners who
own at least two-thirds of the surface land of the annexed smaller
municipality is obtained.
(h) If the annexed smaller
municipality has on hand any bond funds for public improvements that are
not appropriated or contracted for, the funds shall be kept in a separate
special fund to be used only for public improvements in the area for which
the bonds were voted.
(i) On the annexation, all
claims, fines, debts, or taxes due and payable to the smaller municipality
become due and payable to the larger municipality and shall be collected by
it. If taxes for the year in which the annexation occurs have been
assessed in the smaller municipality before the annexation, the amounts
assessed remain as the amounts due and payable from the inhabitants of the
smaller municipality for that year.
(j) This section does not
affect a charter provision of a home-rule municipality. This section grants
additional power to the municipality and is cumulative of the municipal
charter.
|
No
equivalent provision. (But see SECTIONS 5, 12, and 14 above.)
|
SECTION 24. Chapter 43,
Local Government Code, is amended by adding Subchapters C-3, C-4, and C-5
to read as follows:
SUBCHAPTER C-3.
ANNEXATION OF AREA ON REQUEST OF OWNERS: MUNICIPALITIES WHOLLY OR PARTLY
LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE
Sec. 43.067.
APPLICABILITY. This subchapter applies only to a municipality to which
Subchapter C-2 applies.
Sec. 43.0671. AUTHORITY
TO ANNEX AREA ON REQUEST OF OWNERS. Notwithstanding Subchapter C-4 or C-5,
a municipality may annex an area if each owner of land in the area requests
the annexation.
Sec. 43.0672. WRITTEN
AGREEMENT REGARDING SERVICES. (a) The governing body of the municipality
that elects to annex an area under this subchapter must first negotiate and
enter into a written agreement with the owners of land in the area for the
provision of services in the area.
(b) The agreement must
include:
(1) a list of each
service the municipality will provide on the effective date of the
annexation; and
(2) a schedule that
includes the period within which the municipality will provide each service
that is not provided on the effective date of the annexation.
(c) The municipality is
not required to provide a service that is not included in the agreement.
Sec. 43.0673. PUBLIC
HEARINGS. (a) Before a municipality may adopt an ordinance annexing an
area under this section, the governing body of the municipality must
conduct at least two public hearings.
(b) The hearings must be
conducted not less than 10 business days apart.
(c) During the first
public hearing, the governing body must provide persons interested in the
annexation the opportunity to be heard. During the final public hearing,
the governing body may adopt an ordinance annexing the area.
(d) The municipality must
post notice of the hearings on the municipality's Internet website if the
municipality has an Internet website and publish notice of the hearings in
a newspaper of general circulation in the municipality and in the area
proposed for annexation. The notice for each hearing must be published at
least once on or after the 20th day but before the 10th day before the date
of the hearing. The notice for each hearing must be posted on the
municipality's Internet website on or after the 20th day but before the
10th day before the date of the hearing and must remain posted until the
date of the hearing.
SUBCHAPTER C-4. ANNEXATION
OF AREAS WITH POPULATION OF LESS THAN 200: MUNICIPALITIES WHOLLY OR PARTLY
LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE
Sec. 43.068.
APPLICABILITY. This subchapter applies only to a municipality to which
Subchapter C-2 applies.
Sec. 43.0681. AUTHORITY
TO ANNEX. A municipality may annex an area with a population of less than
200 only if the municipality obtains consent to annex the area through a
petition signed by more than 50 percent of the registered voters of the
area.
Sec. 43.0682. RESOLUTION.
The governing body of the municipality that proposes to annex an area under
this subchapter must adopt a resolution that includes:
(1) a statement of the
municipality's intent to annex the area;
(2) a detailed
description and map of the area;
(3) a description of each
service to be provided by the municipality in the area on or after the
effective date of the annexation, including, as applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical
services;
(D) solid waste collection;
(E) operation and
maintenance of water and wastewater facilities in the annexed area;
(F) operation and
maintenance of roads and streets, including road and street lighting;
(G) operation and
maintenance of parks, playgrounds, and swimming pools; and
(H) operation and
maintenance of any other publicly owned facility, building, or service;
(4) a list of each
service the municipality will provide on the effective date of the
annexation; and
(5) a schedule that
includes the period within which the municipality will provide each service
that is not provided on the effective date of the annexation.
Sec. 43.0683. NOTICE OF
PROPOSED ANNEXATION. Not later than the seventh day after the date the
governing body of the municipality adopts the resolution under Section
43.0682, the municipality must mail to each resident in the area proposed
to be annexed notification of the proposed annexation that includes:
(1) notice of the public
hearing required by Section 43.0684;
(2) an explanation of the
180-day petition period described by Section 43.0685; and
(3) a description, list,
and schedule of services to be provided by the municipality in the area on
or after annexation as provided by Section 43.0682.
Sec. 43.0684. PUBLIC
HEARING. The governing body of a municipality must conduct at least one
public hearing not earlier than the 21st day and not later than the 30th
day after the date the governing body adopts the resolution under Section
43.0682.
Sec. 43.0685. PETITION.
(a) The petition required by Section 43.0681 may be signed only by a
registered voter of the area proposed to be annexed.
(b) The municipality may
collect signatures on the petition only during the period beginning on the
31st day after the date the governing body of the municipality adopts the
resolution under Section 43.0682 and ending on the 180th day after the date
the resolution is adopted.
(c) The petition must
clearly state that a person signing the petition is consenting to the
proposed annexation.
(d) The petition must
include a map of and describe the area proposed to be annexed.
(e) Signatures collected
on the petition must be in writing.
(f) Chapter 277, Election
Code, applies to a petition under this section.
Sec. 43.0686. RESULTS OF
PETITION. (a) When the petition period prescribed by Section 43.0685
ends, the petition shall be verified by the municipal secretary or other
person responsible for verifying signatures. The municipality must notify
the residents of the area proposed to be annexed of the results of the petition.
(b) If the municipality
does not obtain the number of signatures on the petition required to annex
the area, the municipality may not annex the area and may not adopt another
resolution under Section 43.0682 to annex the area until the first anniversary
of the date the petition period ended.
(c) If the municipality
obtains the number of signatures on the petition required to annex the
area, the municipality may annex the area after:
(1) providing notice
under Subsection (a);
(2) holding a public
hearing at which members of the public are given an opportunity to be
heard; and
(3) holding a final
public hearing not earlier than the 10th day after the date of the public
hearing under Subdivision (2) at which the ordinance annexing the area may
be adopted.
Sec. 43.0687. VOTER
APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the
annexation of an area under this subchapter is signed by a number of
registered voters of the municipality proposing the annexation equal to at
least 50 percent of the number of voters who voted in the most recent
municipal election and is received by the secretary of the municipality
before the date the petition period prescribed by Section 43.0685 ends, the
municipality may not complete the annexation of the area without approval
of a majority of the voters of the municipality voting at an election
called and held for that purpose.
SUBCHAPTER C-5.
ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200: MUNICIPALITIES WHOLLY
OR PARTLY LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE
Sec. 43.069.
APPLICABILITY. This subchapter applies only to a municipality to which
Subchapter C-2 applies.
Sec. 43.0691. AUTHORITY
TO ANNEX. A municipality may annex an area with a population of 200 or
more only if the following conditions are met, as applicable:
(1) the municipality
holds an election in the area proposed to be annexed at which the qualified
voters of the area may vote on the question of the annexation and a
majority of the votes received at the election approve the annexation; and
(2) if the registered
voters of the area do not own more than 50 percent of the land in the area,
the municipality obtains consent to annex the area through a petition
signed by more than 50 percent of the owners of land in the area.
Sec. 43.0692.
RESOLUTION. The governing body of the municipality that proposes to annex
an area under this subchapter must adopt a resolution that includes:
(1) a statement of the
municipality's intent to annex the area;
(2) a detailed description
and map of the area;
(3) a description of each
service to be provided by the municipality in the area on or after the
effective date of the annexation, including, as applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical services;
(D) solid waste
collection;
(E) operation and
maintenance of water and wastewater facilities in the annexed area;
(F) operation and
maintenance of roads and streets, including road and street lighting;
(G) operation and
maintenance of parks, playgrounds, and swimming pools; and
(H) operation and
maintenance of any other publicly owned facility, building, or service;
(4) a list of each
service the municipality will provide on the effective date of the
annexation; and
(5) a schedule that includes
the period within which the municipality will provide each service that is
not provided on the effective date of the annexation.
Sec. 43.0693. NOTICE OF
PROPOSED ANNEXATION. Not later than the seventh day after the date the
governing body of the municipality adopts the resolution under Section
43.0692, the municipality must mail to each property owner in the area
proposed to be annexed notification of the proposed annexation that
includes:
(1) notice of the public
hearings required by Section 43.0694;
(2) notice that an
election on the question of annexing the area will be held; and
(3) a description, list,
and schedule of services to be provided by the municipality in the area on
or after annexation as provided by Section 43.0692.
Sec. 43.0694. PUBLIC
HEARINGS. (a) The governing body of a municipality must conduct an
initial public hearing not earlier than the 21st day and not later than the
30th day after the date the governing body adopts the resolution under
Section 43.0692.
(b) The governing body
must conduct at least one additional public hearing not earlier than the
31st day and not later than the 90th day after the date the governing body
adopts a resolution under Section 43.0692.
Sec. 43.0695. PROPERTY
OWNER CONSENT REQUIRED FOR CERTAIN AREAS. (a) If the registered voters in
the area proposed to be annexed do not own more than 50 percent of the land
in the area, the municipality must obtain consent to the annexation through
a petition signed by more than 50 percent of the owners of land in the area
in addition to the election required by this subchapter.
(b) The municipality must
obtain the consent required by this section through the petition process
prescribed by Section 43.0685, and the petition must be verified in the
manner provided by Section 43.0686(a).
(c) Notwithstanding
Section 43.0685(e), the municipality may provide for an owner of land in
the area that is not a resident of the area to sign the petition
electronically.
Sec. 43.0696. ELECTION.
(a) A municipality shall order an election on the question of annexing an
area to be held on the first uniform election date that falls on or after:
(1) the 90th day after
the date the governing body of the municipality adopts the resolution under
Section 43.0692; or
(2) if the consent of the
owners of land in the area is required under Section 43.0695, the 78th day
after the date the petition period to obtain that consent ends.
(b) An election under
this section shall be held in the same manner as general elections of the
municipality. The municipality shall pay for the costs of holding the
election.
(c) A municipality that
holds an election under this section may not hold another election on the
question of annexation before the corresponding uniform election date of
the following year.
Sec. 43.0697. RESULTS OF
ELECTION AND PETITION. (a) Following an election held under this
subchapter, the municipality must notify the residents of the area proposed
to be annexed of the results of the election and, if applicable, of the
petition required by Section 43.0695.
(b) If at the election
held under this subchapter a majority of qualified voters do not approve
the proposed annexation, or if the municipality is required to petition
owners of land in the area under Section 43.0695 and does not obtain the
required number of signatures, the municipality may not annex the area and
may not adopt another resolution under Section 43.0692 to annex the area
until the first anniversary of the date of the adoption of the resolution.
(c) If at the election
held under this subchapter a majority of qualified voters approve the
proposed annexation, and if the municipality, as applicable, obtains the
required number of petition signatures under Section 43.0695, the
municipality may annex the area after:
(1) providing notice
under Subsection (a);
(2) holding a public
hearing at which members of the public are given an opportunity to be
heard; and
(3) holding a final
public hearing not earlier than the 10th day after the date of the public
hearing under Subdivision (2) at which the ordinance annexing the area may
be adopted.
Sec. 43.0698. VOTER
APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the
annexation of an area under this subchapter is signed by a number of
registered voters of the municipality proposing the annexation equal to at
least 50 percent of the number of voters who voted in the most recent
municipal election and is received by the secretary of the municipality
before the date the election required by this subchapter is held, the
municipality may not complete the annexation of the area without approval
of a majority of the voters of the municipality voting at a separate
election called and held for that purpose.
|
No
equivalent provision. (But see SECTION 35 below.)
|
SECTION 25. Subchapter D,
Chapter 43, Local Government Code, is amended by adding Section 43.0711 to
read as follows:
Sec. 43.0711. LIMITATION
ON AUTHORITY OF CERTAIN MUNICIPALITIES. (a) This section applies only to:
(1) a municipality wholly
or partly located in a county with a population of 500,000 or more; and
(2) a municipality wholly
located in one or more counties each with a population of less than 500,000
that proposes to annex an area in a county with a population of 500,000 or
more.
(b) With respect to an
industrial district designated by the governing body of a municipality
under Section 42.044, the municipality may annex all or part of the
district under the requirements applicable to a municipality wholly located
in one or more counties each with a population of less than 500,000.
|
SECTION 16. Sections
43.0715(b) and (c), Local Government Code, are amended to read as follows:
(b) If a municipality with a
population of less than 1.5 million annexes a special district for full or
limited purposes and the annexation precludes or impairs the ability of the
district to issue bonds, the municipality shall, prior to the effective
date of the annexation, pay in cash to the landowner or developer of the
district a sum equal to all actual costs and expenses incurred by the
landowner or developer in connection with the district that the district
has, in writing, agreed to pay and that would otherwise have been eligible
for reimbursement from bond proceeds under the rules and requirements of
the Texas [Natural Resource Conservation] Commission on
Environmental Quality as such rules and requirements exist on the date
of annexation. [For an annexation that is subject to preclearance by a
federal authority, a payment will be considered timely if the municipality:
(i) escrows the reimbursable amounts determined in accordance with
Subsection (c) prior to the effective date of the annexation; and (ii)
subsequently causes the escrowed funds and accrued interest to be disbursed
to the developer within five business days after the municipality receives
notice of the preclearance.]
(c) At the time notice of
the municipality's intent to annex the land within the district is first published [in accordance with Section
43.052],
the municipality shall
proceed to initiate and complete a report for each developer conducted in
accordance with the format approved by the Texas [Natural Resource
Conservation] Commission on Environmental Quality for audits.
In the event the municipality is unable to complete the report prior to the
effective date of the annexation as a result of the developer's failure to
provide information to the municipality which cannot be obtained from other
sources, the municipality shall obtain from the district the estimated
costs of each project previously undertaken by a developer which are
eligible for reimbursement. The amount of such costs, as estimated by the
district, shall be escrowed by the municipality for the benefit of the
persons entitled to receive payment in an insured interest-bearing account
with a financial institution authorized to do business in the state. To
compensate the developer for the municipality's use of the infrastructure
facilities pending the determination of the reimbursement amount [or
federal preclearance], all interest accrued on the escrowed funds shall
be paid to the developer whether or not the annexation is valid. Upon
placement of the funds in the escrow account, the annexation may become
effective. In the event a municipality timely escrows all estimated
reimbursable amounts as required by this subsection and all such amounts,
determined to be owed, including interest, are subsequently disbursed to
the developer within five days of final determination in immediately
available funds as required by this section, no penalties or interest shall
accrue during the pendency of the escrow. Either the municipality or
developer may, by written notice to the other party, require disputes
regarding the amount owed under this section to be subject to nonbinding arbitration
in accordance with the rules of the American Arbitration Association.
|
SECTION 26. Sections
43.0715(b) and (c), Local Government Code, are amended to read as follows:
(b) If a municipality with a
population of less than 1.5 million annexes a special district for full or
limited purposes and the annexation precludes or impairs the ability of the
district to issue bonds, the municipality shall, prior to the effective
date of the annexation, pay in cash to the landowner or developer of the
district a sum equal to all actual costs and expenses incurred by the
landowner or developer in connection with the district that the district
has, in writing, agreed to pay and that would otherwise have been eligible
for reimbursement from bond proceeds under the rules and requirements of
the Texas [Natural Resource Conservation] Commission on
Environmental Quality as such rules and requirements exist on the date
of annexation. [For an annexation that is subject to preclearance by a
federal authority, a payment will be considered timely if the
municipality: (i) escrows the reimbursable amounts determined in
accordance with Subsection (c) prior to the effective date of the
annexation; and (ii) subsequently causes the escrowed funds and accrued
interest to be disbursed to the developer within five business days after
the municipality receives notice of the preclearance.]
(c) At the time notice of
the municipality's intent to annex the land within the district is first given
[published] in accordance with Section 43.052, 43.0683, or
43.0693, as applicable,
the municipality shall
proceed to initiate and complete a report for each developer conducted in
accordance with the format approved by the Texas [Natural Resource
Conservation] Commission on Environmental Quality for audits.
In the event the municipality is unable to complete the report prior to the
effective date of the annexation as a result of the developer's failure to
provide information to the municipality which cannot be obtained from other
sources, the municipality shall obtain from the district the estimated
costs of each project previously undertaken by a developer which are
eligible for reimbursement. The amount of such costs, as estimated by the
district, shall be escrowed by the municipality for the benefit of the
persons entitled to receive payment in an insured interest-bearing account
with a financial institution authorized to do business in the state. To
compensate the developer for the municipality's use of the infrastructure
facilities pending the determination of the reimbursement amount [or
federal preclearance], all interest accrued on the escrowed funds shall
be paid to the developer whether or not the annexation is valid. Upon
placement of the funds in the escrow account, the annexation may become
effective. In the event a municipality timely escrows all estimated
reimbursable amounts as required by this subsection and all such amounts,
determined to be owed, including interest, are subsequently disbursed to the
developer within five days of final determination in immediately available
funds as required by this section, no penalties or interest shall accrue
during the pendency of the escrow. Either the municipality or developer
may, by written notice to the other party, require disputes regarding the
amount owed under this section to be subject to nonbinding arbitration in
accordance with the rules of the American Arbitration Association.
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SECTION 17. Sections
43.072(b) and (d), Local Government Code, are amended to read as follows:
(b) A home-rule municipality
having a common boundary with a district subject to this section may annex
the area of the district if:
(1) the annexation complies
with the requirements of Subchapter C or C-1, as applicable [is approved
by a majority of the qualified voters who vote on the question at an
election held under this section];
(2) the annexation is
completed before the date that is one year after the date the petition
period prescribed by Section 43.0515 ends or the date of the election under
Section 43.0616, as applicable; and
(3) all the area of the
district is annexed.
(d) Annexation of area under
this section is exempt from the provisions of this chapter that prohibit:
(1) a municipality from
annexing area outside its extraterritorial jurisdiction;
(2) annexation of area
narrower than the minimum width prescribed by Section 43.02115 [43.054];
or
(3) reduction of the
extraterritorial jurisdiction of a municipality without the written consent
of the municipality's governing body.
|
No
equivalent provision.
|
SECTION 18. Section 43.0751,
Local Government Code, is amended by amending Subsections (b), (d), and (h)
and adding Subsection (s) to read as follows:
(b)
The governing bodies of a municipality and a district may negotiate and
enter into a written strategic partnership agreement for the district by
mutual consent. The governing body of a municipality, on written request
from a district located in the municipality's extraterritorial
jurisdiction [included in the municipality's annexation plan under
Section 43.052], may [shall] negotiate and enter into a
written strategic partnership agreement with the district. [A district
included in a municipality's annexation plan under Section 43.052:
[(1)
may not submit its written request before the date of the second hearing
required under Section 43.0561; and
[(2)
must submit its written request before the 61st day after the date of the
second hearing required under Section 43.0561.]
(d)
Before the governing body of a municipality or a district adopts a
strategic partnership agreement, it shall conduct two public hearings at
which members of the public who wish to present testimony or evidence
regarding the proposed agreement shall be given the opportunity to do so. Notice
of public hearings conducted by the governing body of a municipality under
this subsection shall be published in a newspaper of general circulation in
the municipality and in the district[. The notice must be in the format
prescribed by Section 43.123(b)] and must be published at least once on
or after the 20th day before the [each] date of each
hearing. The notice may not be smaller than one-quarter page of a
standard-size or tabloid-size newspaper, and the headline on the notice
must be in 18-point or larger type. Notice of public hearings
conducted by the governing body of a district under this subsection shall
be given in accordance with the district's notification procedures for
other matters of public importance. Any notice of a public hearing
conducted under this subsection shall contain a statement of the purpose of
the hearing, the date, time, and place of the hearing, and the location
where copies of the proposed agreement may be obtained prior to the
hearing. The governing bodies of a municipality and a district may conduct
joint public hearings under this subsection, provided that at least one
public hearing is conducted within the district.
(h) On the full-purpose
annexation conversion date set forth in the strategic partnership agreement
pursuant to Subsection (f)(5) [(f)(5)(A)], the land included
within the boundaries of the district shall be deemed to be within the
full-purpose boundary limits of the municipality without the need for
further action by the governing body of the municipality. The full-purpose
annexation conversion date established by a strategic partnership agreement
may be altered only by mutual agreement of the district and the
municipality. However, nothing herein shall prevent the municipality from
terminating the agreement and instituting proceedings to annex the
district, on request by the governing body of the district, on any date
prior to the full-purpose annexation conversion date established by the
strategic partnership agreement under the procedures prescribed by Subchapter C-1, as that
subchapter existed on January 1, 2017. [Land annexed for limited or full purposes under this
section shall not be included in calculations prescribed by Section
43.055(a).]
(s) Notwithstanding any
other law, the procedures prescribed by Subchapters
C and C-1 do not apply to the full-purpose
annexation of an area under this section. Except
as provided by Subsection (h), a municipality shall follow the procedures
established under the strategic partnership agreement for full-purpose
annexation of an area under this section.
|
SECTION 27. Section 43.0751,
Local Government Code, is amended by amending Subsection (h) and adding
Subsection (s) to read as follows:
(h) On the full-purpose
annexation conversion date set forth in the strategic partnership agreement
pursuant to Subsection (f)(5) [(f)(5)(A)], the land included
within the boundaries of the district shall be deemed to be within the
full-purpose boundary limits of the municipality without the need for
further action by the governing body of the municipality. The full-purpose
annexation conversion date established by a strategic partnership agreement
may be altered only by mutual agreement of the district and the
municipality. However, nothing herein shall prevent the municipality from
terminating the agreement and instituting proceedings to annex the
district, on request by the governing body of the district, on any date
prior to the full-purpose annexation conversion date established by the
strategic partnership agreement under the procedures applicable to a municipality wholly located in
one or more counties each with a population of less than 500,000. Land annexed for limited or full purposes
under this section shall not be included in calculations prescribed by
Section 43.055(a).
(s) Notwithstanding any
other law, the procedures prescribed by Subchapters
C-3, C-4, and C-5 do not apply to the annexation of an area under
this section.
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SECTION 19. Section
43.07515(a), Local Government Code, is amended to read as follows:
(a) A municipality may not
regulate under Section 43.0751 [or 43.0752] the sale, use, storage,
or transportation of fireworks outside of the municipality's boundaries.
|
No
equivalent provision.
|
No
equivalent provision.
|
SECTION 28. The heading to
Section 43.101, Local Government Code, is amended to read as follows:
Sec. 43.101. ANNEXATION OF
MUNICIPALLY OWNED RESERVOIR [BY GENERAL-LAW MUNICIPALITY].
|
SECTION 20. Section
43.101(d), Local Government Code, is amended to read as follows:
(d) The municipality may
annex the area even if part of the area is outside the municipality's
extraterritorial jurisdiction or is narrower than the minimum width
prescribed by Section 43.02115 [43.054]. [Section 43.055,
which relates to the amount of area a municipality may annex in a calendar
year, does not apply to the annexation.]
|
No
equivalent provision.
|
SECTION 21. Section
43.102(d), Local Government Code, is amended to read as follows:
(d) The municipality may
annex the area even if the area is outside the municipality's
extraterritorial jurisdiction, is in another municipality's
extraterritorial jurisdiction, or is narrower than the minimum width
prescribed by Section 43.02115 [43.054]. [Section 43.055,
which relates to the amount of area a municipality may annex in a calendar
year, does not apply to the annexation.]
|
No
equivalent provision.
|
No
equivalent provision.
|
SECTION 29. Section
43.101(c), Local Government Code, is amended to read as follows:
(c) The area may be annexed
without the consent of any [the] owners or residents of the
area under the procedures applicable to a municipality described by
Subdivision (1) by:
(1) a municipality wholly
located in one or more counties each with a population of less than
500,000; and
(2) if there are no
owners other than the municipality or residents of the area:
(A) a municipality wholly
or partly located in a county with a population of 500,000 or more; and
(B) a municipality
described by Subdivision (1) that proposes to annex an area in a county
with a population of 500,000 or more.
|
No
equivalent provision.
|
SECTION 30. Section
43.102(c), Local Government Code, is amended to read as follows:
(c) The area may be annexed
without the consent of any [the] owners or residents of the
area under the procedures applicable to a municipality described by
Subdivision (1) by:
(1) a municipality wholly
located in one or more counties each with a population of less than
500,000; and
(2) if there are no
owners other than the municipality or residents of the area:
(A) a municipality wholly
or partly located in a county with a population of 500,000 or more; and
(B) a municipality
described by Subdivision (1) that proposes to annex an area in a county with
a population of 500,000 or more.
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SECTION 22. Sections
43.1025(c) and (g), Local Government Code, are amended to read as follows:
(c) Annexation of the [The] area
described by Subsection (b) [may be
annexed without the consent of the owners or residents of the
area, but the annexation] may not occur unless each
municipality in whose extraterritorial jurisdiction the area may be
located:
(1) consents to the
annexation; and
(2) reduces its
extraterritorial jurisdiction over the area as provided by Section 42.023.
(g)
The municipality may annex the area if the area is narrower than the
minimum width prescribed by Section 43.02115 [43.054]. [Section
43.055 does not apply to the annexation.]
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SECTION 31. Section
43.1025(c), Local Government Code, is amended to read as follows:
(c) The area described by
Subsection (b) may be annexed under
the requirements applicable to a municipality wholly or partly located in a
county with a population of 500,000 or more [without the
consent of the owners or residents of the area], but the annexation may not occur unless
each municipality in whose extraterritorial jurisdiction the area may be
located:
(1) consents to the
annexation; and
(2) reduces its
extraterritorial jurisdiction over the area as provided by Section 42.023.
|
No
equivalent provision.
|
SECTION 32. The heading to
Section 43.103, Local Government Code, is amended to read as follows:
Sec. 43.103. ANNEXATION OF
STREETS, HIGHWAYS, AND OTHER WAYS BY CERTAIN GENERAL-LAW MUNICIPALITIES
[MUNICIPALITY].
|
No
equivalent provision.
|
SECTION 33. Section
43.103(a), Local Government Code, is amended to read as follows:
(a) Subject to Section
43.1055(b), a [A] general-law municipality with a population of
500 or more wholly located in one or more counties each with a
population of less than 500,000 may annex, by ordinance and without the
consent of any person, the part of a street, highway, alley, or other
public or private way, including a railway line, spur, or roadbed, that is
adjacent and runs parallel to the boundaries of the municipality.
|
No
equivalent provision.
|
SECTION 34. Section 43.105,
Local Government Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) This section applies
only to:
(1) a [A]
general-law municipality that:
(A) has a population
of 1,066-1,067;
(B) [and] is wholly
located in a county with a population of 85,000 or more and less than
500,000; and
(C) [that] is
not adjacent to a county with a population of 2 million or more;[,]
or
(2) a general-law
municipality that:
(A) has a population
of 6,000-6,025; and
(B) is wholly located in
a county with a population of less than 500,000.
(a-1) Subject to Section
43.1055(b), a municipality described by Subsection (a) may annex, by
ordinance and without the consent of any person, a public street, highway,
road, or alley adjacent to the municipality.
|
No
equivalent provision.
|
SECTION 35. Subchapter E,
Chapter 43, Local Government Code, is amended by adding Section 43.1055 to
read as follows:
Sec. 43.1055. ANNEXATION
OF ROADS AND RIGHTS-OF-WAY IN CERTAIN LARGE COUNTIES. (a) Notwithstanding
any other law, a municipality wholly or partly located in a county with a
population of 500,000 or more may by ordinance annex a road or the
right-of-way of a road on request of the owner of the road or right-of-way
or the governing body of the political subdivision that maintains the road
or right-of-way under the procedures applicable to a municipality wholly
located in one or more counties each with a population of less than
500,000.
(b) A municipality
described by Section 43.103 or 43.105 that proposes to annex a road or
right-of-way in a county with a population of 500,000 or more must comply
with this section.
|
No
equivalent provision.
|
SECTION 36. Sections
43.121(a) and (c), Local Government Code, are amended to read as follows:
(a) Subject to Section
43.1211, the [The] governing body of a home-rule municipality
with more than 225,000 inhabitants by ordinance may annex an area for the
limited purposes of applying its planning, zoning, health, and safety
ordinances in the area.
(c) The provisions of this
subchapter, other than Sections 43.1211 and [Section] 43.136,
do not affect the authority of a municipality to annex an area for limited
purposes under Section 43.136 or any other statute granting the authority
to annex for limited purposes.
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SECTION 23. Subchapter F,
Chapter 43, Local Government Code, is amended by adding Section 43.1211 to
read as follows:
Sec. 43.1211.
APPLICABILITY. This subchapter applies to an area that was annexed for a
limited purpose as authorized before September 1, 2017.
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No
equivalent provision.
|
No
equivalent provision. (But see SECTION 1 above.)
|
SECTION 37. Subchapter F,
Chapter 43, Local Government Code, is amended by adding Section 43.1211 to
read as follows:
Sec. 43.1211. AUTHORITY
OF MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH POPULATION OF
500,000 OR MORE TO ANNEX FOR LIMITED PURPOSES. Except as provided by
Section 43.0711(b) or 43.0751, beginning September 1, 2017, a municipality
described below may not annex an area for the limited purposes of applying
its planning, zoning, health, and safety ordinances in the area:
(1) a municipality wholly
or partly located in a county with a population of 500,000 or more; or
(2) a municipality wholly
located in one or more counties each with a population of 500,000 or less
that proposes to annex an area in a county with a population of 500,000 or
more.
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SECTION 24. Section
43.127(a), Local Government Code, is amended to read as follows:
(a) On [Except as
provided by Section 43.123(e), on] or before the date prescribed by the
regulatory plan prepared for the limited purpose area [under
Section 43.123(d)(2)], the municipality must annex the area for full
purposes. [This requirement may be waived and the date for full-purpose
annexation postponed by written agreement between the municipality and a
majority of the affected landowners. A written agreement to waive the
municipality's obligation to annex the area for full purposes binds all
future owners of land annexed for limited purposes pursuant to that waiver.]
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No
equivalent provision.
|
SECTION 25. Sections
43.141(a) and (b), Local Government Code, are amended to read as follows:
(a) A majority of the
qualified voters of an annexed area may petition the governing body of the
municipality to disannex the area if the municipality fails or refuses to
provide services or to cause services to be provided to the area as described by the written agreement under
Section 43.0212 or the resolution under Section 43.0512 or 43.0612, as
applicable [within the
period specified by Section 43.056 or by the service plan prepared for the
area under that section].
(b) If the governing body
fails or refuses to disannex the area within 60 days after the date of the
receipt of the petition, any one or more of the signers of the petition may
bring a cause of action in a district court of the county in which the area
is principally located to request that the area be disannexed. On the
filing of an answer by the governing body, and on application of either
party, the case shall be advanced and heard without further delay in
accordance with the Texas Rules of Civil Procedure. The district court
shall enter an order disannexing the area if the court finds that a valid
petition was filed with the municipality and that the municipality failed
to perform [its obligations in
accordance with the service plan or failed to perform] in good
faith.
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SECTION 38. Sections
43.141(a) and (b), Local Government Code, are amended to read as follows:
(a) A majority of the
qualified voters of an annexed area may petition the governing body of the
municipality to disannex the area if the municipality fails or refuses to
provide services or to cause services to be provided to the area:
(1) if the municipality is wholly located in one or more
counties each with a population of less than 500,000, within the period specified by Section 43.056
or by the service plan prepared for the area under that section; or
(2) if the municipality is wholly or partly located in a county
with a population of 500,000 or more or is a municipality described by
Subdivision (1) that proposes to annex an area in a county with a
population of 500,000 or more, within the period specified by the written
agreement under Section 43.0672 or the resolution under Section 43.0682 or
43.0692, as applicable.
(b) If the governing body
fails or refuses to disannex the area within 60 days after the date of the
receipt of the petition, any one or more of the signers of the petition may
bring a cause of action in a district court of the county in which the area
is principally located to request that the area be disannexed. On the
filing of an answer by the governing body, and on application of either
party, the case shall be advanced and heard without further delay in
accordance with the Texas Rules of Civil Procedure. The district court
shall enter an order disannexing the area if the court finds that a valid
petition was filed with the municipality and that the municipality failed
to:
(1) perform its
obligations in accordance with:
(A) the service
plan under Section 43.056;
(B) the written agreement entered into under Section 43.0672;
or
(C) the resolution adopted under Section 43.0682 or 43.0692, as
applicable; or
(2) [failed to]
perform in good faith.
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SECTION 26. Section
43.201(2), Local Government Code, is amended to read as follows:
(2) "Limited-purpose
annexation" means annexation authorized under former Section
43.121, as that section existed on January 1, 2017.
|
No
equivalent provision.
|
SECTION 27. Section
43.203(a), Local Government Code, is amended to read as follows:
(a) This section applies only to the [The]
governing body of a district that by resolution petitioned [may
petition] a municipality to alter the annexation status of land
in the district from full-purpose annexation to limited-purpose annexation and before September 1, 2017:
(1) entered into an agreement to alter the status of annexation
as provided by this section; or
(2) had its status automatically altered by operation of
Subsection (c).
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SECTION 39. Sections
43.203(a) and (b), Local Government Code, are amended to read as follows:
(a) Notwithstanding any other law, the
[The] governing body of a district by
resolution may petition a municipality to alter the annexation
status of land in the district from full-purpose annexation to
limited-purpose annexation.
(b)
On receipt of the district's petition, the governing body of the
municipality shall enter into negotiations with the district for an
agreement to alter the status of annexation that must:
(1)
specify the period, which may not be less than 10 years beginning on
January 1 of the year following the date of the agreement, in which
limited-purpose annexation is in effect;
(2)
provide that, at the expiration of the period, the district's annexation
status will automatically revert to full-purpose annexation without
following procedures provided by Sections 43.014 and 43.052 [43.051]
through 43.055 or any other procedural requirement for annexation not in
effect on January 1, 1995; and
(3)
specify the financial obligations of the district during and after the
period of limited-purpose annexation for:
(A)
facilities constructed by the municipality that are in or that serve the
district;
(B)
debt incurred by the district for water and sewer infrastructure that will
be assumed by the municipality at the end of the period of limited-purpose
annexation; and
(C)
use of the municipal sales taxes collected by the municipality for
facilities or services in the district.
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SECTION 28. Section
43.905(a), Local Government Code, is amended to read as follows:
(a) A municipality that
proposes to annex an area shall provide written notice of the proposed
annexation to each public school district located in the area proposed for
annexation within the period prescribed for providing [publishing]
the notice of the first hearing under Section
43.0212, 43.0513, [43.0561] or 43.0613 [43.063],
as applicable.
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SECTION 40. Section
43.905(a), Local Government Code, is amended to read as follows:
(a) A municipality that
proposes to annex an area shall provide written notice of the proposed
annexation to each public school district located in the area proposed for
annexation within the period prescribed for providing [publishing]
the notice of the first hearing under Section
43.0561, [or] 43.063, 43.0673, 43.0683, or 43.0693,
as applicable.
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SECTION 29. Section
775.0754(d), Health and Safety Code, is amended to read as follows:
(d) A municipality that
enters into an agreement under this section is not required to provide
emergency services in that annexed territory. To the extent of a conflict
between this subsection and [Section 43.056, Local Government Code, or]
any other law, this subsection controls.
|
No
equivalent provision.
|
SECTION 30. Section
3833.209(e), Special District Local Laws Code, is amended to read as
follows:
(e) The terms and conditions
of the negotiated service plan bind the city for the period provided by
Section 43.056(l), Local Government Code, as that section existed on January
1, 2017, and the developer, the developer's heirs, successors, and
assigns, and any person taking title to all or a portion of the property
annexed under the annexation petition for that period.
|
No
equivalent provision.
|
SECTION 31. Section 8489.109,
Special District Local Laws Code, is amended to read as follows:
Sec. 8489.109. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of any
[Section 43.021(2), Local Government Code, or other] law,
including a municipal charter or ordinance relating to annexation, an area
adjacent to the district or any new district created by the division of the
district is considered adjacent to a municipality in whose corporate limits
or extraterritorial jurisdiction any of the land in the area described by
Section 2 of the Act enacting this chapter is located.
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SECTION 41. Section
8489.109, Special District Local Laws Code, is amended to read as follows:
Sec. 8489.109. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of Section 43.003(2) [43.021(2)],
Local Government Code, or other law, including a municipal charter
or ordinance relating to annexation, an area adjacent to the district or
any new district created by the division of the district is considered
adjacent to a municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of the Act
enacting this chapter is located.
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SECTION 32. Section
9038.110, Special District Local Laws Code, is amended to read as follows:
Sec. 9038.110. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of any
[Section 43.021(2), Local Government Code, or other] law,
including a municipal charter or ordinance relating to annexation, an area
adjacent to the district or any new district created by the division of the
district is considered adjacent to a municipality in whose corporate limits
or extraterritorial jurisdiction any of the land in the area described by
Section 2 of the Act creating this chapter is located.
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SECTION 42. Section 9038.110,
Special District Local Laws Code, is amended to read as follows:
Sec. 9038.110. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of Section 43.003(2) [43.021(2)],
Local Government Code, or other law, including a municipal charter
or ordinance relating to annexation, an area adjacent to the district or
any new district created by the division of the district is considered
adjacent to a municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of the Act
creating this chapter is located.
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SECTION 33. Section
9039.110, Special District Local Laws Code, is amended to read as follows:
Sec. 9039.110. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of any
[Section 43.021(2), Local Government Code, or other] law,
including a municipal charter or ordinance relating to annexation, an area
adjacent to the district or any new district created by the division of the
district is considered adjacent to a municipality in whose corporate limits
or extraterritorial jurisdiction any of the land in the area described by
Section 2 of the Act creating this chapter is located.
|
SECTION 43. Section
9039.110, Special District Local Laws Code, is amended to read as follows:
Sec. 9039.110. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT. For the purposes of Section 43.003(2) [43.021(2)],
Local Government Code, or other law, including a municipal charter
or ordinance relating to annexation, an area adjacent to the district or
any new district created by the division of the district is considered
adjacent to a municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of the Act
creating this chapter is located.
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SECTION 34. (a) Sections 42.0411, 43.022, 43.023, 43.024, 43.025,
43.028, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036, 43.052, 43.053, 43.0545, 43.0546, 43.055, 43.056, 43.0561, 43.0562, 43.0563,
43.0564, 43.0565, 43.0567, 43.057,
43.061, 43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c),
(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o), 43.0752, 43.101(c),
43.102(c), 43.1025(e), 43.103,
43.105, 43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129, 43.132,
43.147, and 43.906, Local
Government Code, are repealed.
(b)
Subchapter Y, Chapter 43, Local Government Code, is repealed.
(c)
Sections 8374.252(a), 8375.252(a), 8376.252(a), 8377.252(a), 8378.252(a),
8382.252(a), 8383.252(a), 8384.252(a), 8385.252(a), and 8477.302(a),
Special District Local Laws Code, are repealed.
(d) Section 5.701(n)(6),
Water Code, is repealed.
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SECTION 44. (a) Sections
43.036, 43.0546, 43.056(d), (h), and
(p), 43.0565, 43.0567, 43.1025(e) and
(g), and 43.906, Local Government Code, are repealed.
(b) Section 5.701(n)(6),
Water Code, is repealed.
(c)
The repeal of Section 43.036, Local Government Code, by this Act does not
affect a boundary change agreement entered into under that section, the
release and transfer of area under a boundary change agreement entered into
under that section, or the requirements related to a boundary change
agreement entered into under that section.
(d)
The repeal of Sections 43.056(d), (h), and (p) and Sections 43.0565 and
43.0567, Local Government Code, by this Act and the change in law made by
this Act to Section 43.056(l), Local Government Code, do not affect a
right, requirement, limitation, or remedy provided for under those sections
and applicable in an area annexed by a municipality for which the first hearing
notice required by Section 43.0561 or 43.063, Local Government Code, as
applicable, was published before September 1, 2017.
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SECTION 35. The governing
body of a municipality that has designated any part of its extraterritorial
jurisdiction as an industrial district under Section 42.044, Local
Government Code, before, on, or after the effective date of this Act may
annex all or part of the designated area pursuant to the authority granted
by the municipality's home-rule charter. Notwithstanding Section 43.021,
Local Government Code, as amended by this Act, the authority of a
municipality to annex all or part of the area described by this section is
governed solely by the municipality's home-rule charter and is not subject
to any restrictions or procedural requirements imposed by Chapter 43, Local
Government Code, as amended by this Act.
|
No
equivalent provision. (But see SECTION 25 above.)
|
SECTION 36. The changes in
law made by this Act do not apply to an area that is the subject of an
agreement between a municipality with a population between 1.3 million and
1.5 million and a municipality with a population between 18,050 and 18,200
that contains a plan that is approved by the municipalities before the
effective date of this Act for phased boundary adjustments between the
municipalities, releases of extraterritorial jurisdiction by the more
populous municipality, and annexations by the less populous municipality.
A municipal boundary adjustment, release of extraterritorial jurisdiction,
or annexation contained in a plan under an agreement described by this
section is governed by the law in effect at the time the agreement was
approved by the municipalities, and the former law is continued in effect
for that purpose.
|
No
equivalent provision.
|
SECTION 37. The changes in
law made by this Act apply only to the annexation of an area that is not
final on the effective date of this Act. An annexation of an area that was
final before the effective date of this Act is governed by those portions
of Chapter 43, Local Government Code, that relate to post-annexation
procedures and requirements in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
|
SECTION 45. Same as engrossed
version.
|
SECTION 38. This Act takes
effect September 1, 2017.
|
SECTION 46. Same as engrossed
version.
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