5 0 obj The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). 21.001(83), eff. Acts 1987, 70th Leg., ch. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. 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. 16 0 obj Added by Acts 2007, 80th Leg., R.S., Ch. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. 43.013. 10, eff. . (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. Added by Acts 1999, 76th Leg., ch. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. (c) The provisions of this subchapter, other than Sections 43.1211 and 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. 347), Sec. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 11, eff. 347), Sec. Sept. 1, 1999. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. If the property is 1468), Sec. 155 (H.B. 43.1465. December 1, 2017. 42, eff. May 24, 2019. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. Sec. June 14, 2021. (e) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 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. 43.065. (3) the municipality may collect a waste and wastewater surcharge for customers in the district after restoration of full-purpose annexation provided that: (A) notice of such proposed surcharge is provided to the board of a district six months prior to restoration of full-purpose annexation; (B) the surcharge does not exceed the cost of a post-annexation surcharge to any other district annexed by the municipality; and. (e) A municipality that, as a result of the annexation, provides utility services to a school district facility may charge the district for utility services at: (1) the same rate that the district was paying before the annexation; or. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. December 1, 2017. The area ceases to be a part of the municipality on the date of the order. 43.056. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. Aug. 28, 1989. In this chapter: (1) "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. 341 (S.B. VOLUNTARY ANNEXATION TRACT 1-2018: Being . December 1, 2017. BUTLER, Anthony. 822, Sec. Sec. (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. 347), Sec. May 24, 2019. 610), Sec. 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. 2.09, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. Technological Hazards. May 24, 2019. Sec. Additional Info. 80, eff. Sec. ANNEXATION FOR FULL PURPOSES. 155 (H.B. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. (8) Section 43.1055 (Road and Right-of-Way). 1420, Sec. 43.0662. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. Sec. Sec. 6 (S.B. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). Sec. (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. - To Annex the Other Side - Randle Law Office | (281) 657-2000 Texas annexation laws underwent a major overhaul in 2019, a subject our firm addressed in a prior blog post. RESOLUTION. 3(h), eff. (1) a list of each service the municipality will provide on the effective date of the annexation; and. Amended by Acts 1997, 75th Leg., ch. Sec. The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. 10, eff. May 24, 2019. 1, eff. Aug. 28, 1989. Sept. 1, 2001. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. 31, eff. Sec. 8 0 obj (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. 1.01, eff. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. Aug. 28, 1989. 43.908. (3) the area abuts or is contiguous to another jurisdictional boundary. PROVISION OF SERVICES TO ANNEXED AREA. Acts 2017, 85th Leg., 1st C.S., Ch. Amended by Acts 1999, 76th Leg., ch. 1012), Sec. 155 (H.B. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). 28, eff. 2.05, eff. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. 347), Sec. 1, see other Sec. endobj (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. (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. December 1, 2017. (g) A regional participation agreement is not required to describe the land contained within the boundaries of a party to the agreement, but any territory to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement must be described in sufficient detail to convey title to land and the description must be made a part of the agreement. (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. (2) the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary. 597, Sec. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. 6), Sec. Amended by Acts 1989, 71st Leg., ch. June 15, 2007. Useful 2. Amended by Acts 1997, 75th Leg., ch. 347), Sec. 155 (H.B. June 10, 2019. 155 (H.B. 347), Sec. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of the area in a water control and improvement district, fresh water supply district, or municipal utility district organized for the primary purpose of providing municipal functions such as the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. 43.0761. 9, eff. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. SUBCHAPTER C-2. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. Acts 1987, 70th Leg., ch. Sec. (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. 43.004. 347), Sec. 1420, Sec. b. Sec. September 1, 2011. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. Sec. So its probably a bug. <> 155 (H.B. 6), Sec. 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. There are a couple reasons why they are unlikely to do that: With you no longer paying fees, everybody else's fees will probably go up. Acts 2019, 86th Leg., R.S., Ch. May 24, 2019. September 1, 2019. Sec. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 6 (S.B. (b) This section applies only to an area that is: (1) located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less . December 1, 2017. 149, Sec. 3, eff. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 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 Commission on Environmental Quality for audits. (b) The municipality may annex the unincorporated area of an airport owned by the municipality that is noncontiguous to the boundaries of the municipality regardless of whether the airport is located in the municipality's extraterritorial jurisdiction. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. 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