Amended by Acts 2001, 77th Leg., ch. (f-2) In addition to the notice requirements under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. Added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ 37, eff. 155 (H.B. mile. 6 (S.B. (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. 80, eff. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. Acts 2017, 85th Leg., 1st C.S., Ch. 1949), Sec. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. 43.0635. The term does not include a district or authority the primary function of which is the wholesale distribution of water. 2.01. Sec. 1263, Sec. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. Ranch Lake Estates 2021 Voluntary Annexation. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. Aug. 28, 1989. Amended by Acts 2003, 78th Leg., ch. 149, Sec. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. The agreement must be recorded in the deed records of any county in which any land in the district is located. September 1, 2007. (2) the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality. 6), Sec. 155 (H.B. 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. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 1, eff. stream The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. 50 qualified voters in a general law city)-Washington (qualified voters in city equal to 10%+ of the number of votes cast in the last general election) 6. . A digital map required under this section must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. December 1, 2017. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. 29, eff. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. Amended by Acts 1989, 71st Leg., ch. Sec. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. Since that would normally mean people voting on. Sept. 1, 1999. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. 155 (H.B. 347), Sec. Sec. 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 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 Sept. 1, 1999. Added by Acts 1997, 75th Leg., ch. 3(c), eff. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. 9, eff. 6), Sec. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. Galveston County Tax Annex in League City. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. endobj (o) This section is cumulative of all other authority to make, enter into, and perform a regional participation agreement. 3, eff. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. Sec. 23, eff. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 1082), Sec. The area ceases to be a part of the municipality on the date of the order. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. 347), Sec. Added by Acts 1989, 71st Leg., ch. (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 Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. 347), Sec. 43.903. 347), Sec. Parts of The Woodlands were also built within the extra . (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located. 1, eff. The board shall conduct the election in the area composed of the district and the general-law municipality. 347), Sec. 6 (S.B. 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. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. 43.0545. <> Added by Acts 1989, 71st Leg., ch. (b) An election under this section shall be held in the same manner as general elections of the municipality. 43.014. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2015, 84th Leg., R.S., Ch. 6 (S.B. (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. 55(b), eff. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. 199 (H.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. 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. Acts 2019, 86th Leg., R.S., Ch. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. 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. June 18, 2003; Acts 2003, 78th Leg., ch. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". PERIOD FOR COMPLETION OF ANNEXATION. 155 (H.B. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. 6 (S.B. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. 15, eff. (b) The extraterritorial jurisdiction of a municipality does not include land on the island unless the owners of the land consent. May 24, 2019. A person residing or owning land in an annexed area 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. 82, eff. 6 (S.B. Sections 1155(a)(2) and (d). May 24, 2019. (c) For purposes of Subsection (b)(2), the value of taxable property that receives the utility service shall be determined by the most recent certified tax roll provided by the central appraisal district in which the property is located. 2, eff. Added by Acts 1999, 76th Leg., ch. (a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to: (1) improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and. (7) be presented to the secretary of the municipality. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. 1167, Sec. 3(k), eff. (c) For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. May 24, 2019. <> "mC:EqW|9JSG~P~Vr]q||(p\nwK7+02P-naPw\Bq:&yTdt'#3 *eR 0LF%%` N(OJ0dI\I9}5CRd;+p % 99), Sec. SUBCHAPTER C-5. (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. 504 N Queen Street Palestine, TX 75801. Sec. The amount of taxes levied by the district against a parcel of real estate subsequently annexed by the municipality shall be credited against any property taxes levied against the parcel by the municipality. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 43.055. Sec. 3 0 obj endobj Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. 2.18, eff. (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . Sec. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. 248, Sec. (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. 429 (S.B. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. December 1, 2017. Geographic i. Acts 2017, 85th Leg., 1st C.S., Ch. 1.01(17), eff. 1, eff. May 24, 2019. Sept. 1, 1987. (a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that: (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. 38, eff. December 1, 2017. 1303), Sec. 6 (S.B. (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. (b) Notice of the availability of the report shall be published at least twice in a newspaper of general circulation in the area proposed to be annexed. 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. Sec. September 1, 2019. 4, eff. 2.02, eff. (c) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. 43.101. 2, eff. May 25, 2007. (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. The annexation of Texas to the United States became a topic of political and diplomatic discussion after the Louisiana Purchase in 1803 and became a matter of international concern between 1836 and 1845, when Texas was a republic. 6), Sec. September 1, 2009. 43.064. 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. 1468), Sec. May 24, 2019. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. b. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. 1076 (S.B. (p) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional participation agreement if the agreement was entered into under or in anticipation of enactment of this section. (2) is adjacent to the road and right-of-way. (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). Acts 2019, 86th Leg., R.S., Ch. 1.01(12), eff. September 1, 2019. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. 347), Sec. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. U.S. Minister to Mexico 1830-35. 6), Sec. 3(f), eff. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 29, Sec. June 17, 1997. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. 15, eff. 1, eff. 43.079. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. 1900), Sec. 1, eff. 5 0 obj Acts 1987, 70th Leg., ch. endobj (2) follow the course of the road or highway. Such disannexation shall not affect the validity of the annexation of other territory. 43.908. Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district; thus, only . CONSENSUAL ANNEXATION. 6 (S.B. 1, eff. 55(a), eff. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. DEFINITIONS. Acts 1987, 70th Leg., ch. 43.142. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. The prohibition on annexation established by this subsection shall expire on September 1, 1997, or on the date on or before which the municipality and any district may have separately agreed that annexation would not take place whichever is later. Sept. 1, 1987. ANNEXATION HEARING REQUIREMENTS. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1987. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. (e) In an election ordered under Subsection (c)(2) or (4), the governing body of the district may order elections in multiple designated areas on the same date or order elections in designated areas periodically on a uniform election date. 1, Sec. Sec. Matthew Choi, Texas Tribune. September 1, 2011. 149, Sec. 42, eff. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. 1062, Sec. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. 1, eff. September 1, 2021. When faced with budgetary problems an urban government in a state that permits forcible annexation has certain choices: 1) reduce spending, 2) raise taxes, or 3) add high-value property to its boundaries. (2) for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services. (7) a regulation relating to the sale and use of fireworks. (n) This subsection applies only to a municipality any portion of which is located in a county that has a population of not less than 285,000 and not more than 300,000 and that borders the Gulf of Mexico and is adjacent to a county with a population of more than 3.3 million. (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. EFFECT ON OTHER LAW. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. Sec. 347), Sec. 43.143. 43, eff. 155 (H.B. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Amended by Acts 1989, 71st Leg., ch. 43.102. 12.102, eff. 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