Bill Text: TX SB1639 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures for municipal annexations.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-25 - Referred to Land & Resource Management [SB1639 Detail]
Download: Texas-2015-SB1639-Introduced.html
Bill Title: Relating to the procedures for municipal annexations.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-25 - Referred to Land & Resource Management [SB1639 Detail]
Download: Texas-2015-SB1639-Introduced.html
84R7394 SCL-D | ||
By: Campbell | S.B. No. 1639 |
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relating to the procedures for municipal annexations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
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 PROHIBITED. (a) | ||
Beginning September 1, 2015, 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. | ||
SECTION 2. 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) 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. [ |
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(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 and the | ||
inhabitants of the area are entitled to the rights and privileges of | ||
other citizens of the municipality and are bound by the acts and | ||
ordinances adopted by 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. | ||
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 [ |
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EXTRATERRITORIAL JURISDICTION. A municipality may annex area only | ||
in the municipality's [ |
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the municipality owns the area. | ||
SECTION 4. Subchapter B, Chapter 43, Local Government Code, | ||
is amended by adding Sections 43.0212 and 43.0213 to read as | ||
follows: | ||
Sec. 43.0212. 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. 43.0213. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON | ||
REQUEST OF OWNERS. (a) 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. | ||
SECTION 5. 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 | ||
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SECTION 6. Subchapter C, Chapter 43, Local Government Code, | ||
is amended by adding Sections 43.0511 through 43.0517 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 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 services to be provided by the | ||
municipality in the area after the annexation. | ||
Sec. 43.0514. INITIAL 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 | ||
43.0512. | ||
Sec. 43.0515. PETITION. (a) The petition required by | ||
Section 43.0511 may be signed only by a registered voter of the area | ||
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 that 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 the same 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 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. Notwithstanding Section 43.0516, a municipality may not | ||
annex an area under this subchapter without approval of a majority | ||
of the voters voting at an election called and held for that purpose | ||
if a petition protesting the annexation is signed by a number of | ||
registered voters of the municipality 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 43.0515 | ||
ends. | ||
SECTION 7. 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 [ |
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SECTION 8. Subchapter C-1, Chapter 43, Local Government | ||
Code, is amended by adding Sections 43.0611 through 43.0618 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 | ||
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 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 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 43.0612. | ||
(b) The governing body must conduct an 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 43.0612. | ||
Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN | ||
AREAS. (a) If the registered voters in the area 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. | ||
(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. 43.0617. 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 the same | ||
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) holding a public hearing at which members of the | ||
public are given an opportunity to be heard; and | ||
(3) holding 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. Notwithstanding Section 43.0617, a municipality may not | ||
annex an area under this subchapter without approval of a majority | ||
of the voters voting at an election called and held for that purpose | ||
if a petition protesting the annexation is signed by a number of | ||
registered voters of the municipality 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. | ||
SECTION 9. Section 43.071(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) Subsections (b) and (c) [ |
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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. | ||
SECTION 10. Section 43.0715(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) At the time notice of the municipality's intent to annex | ||
the land within the district is first published [ |
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complete a report for each developer conducted in accordance with | ||
the format approved by the Texas [ |
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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 11. Section 43.072(d), Local Government Code, is | ||
amended to read as follows: | ||
(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; or | ||
(2) [ |
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of a municipality without the written consent of the municipality's | ||
governing body. | ||
SECTION 12. Section 43.0751, Local Government Code, is | ||
amended by amending Subsections (b), (d), (e), (f), (g), (h), (j), | ||
(k), (m), and (n) and adding Subsection (e-1) 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 [ |
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negotiate and enter into a written strategic partnership agreement | ||
with the district. [ |
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(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[ |
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least once on or after the 20th day before the [ |
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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. | ||
(e) [ |
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municipality may not adopt a strategic partnership agreement before | ||
the agreement has been adopted by the governing body of the affected | ||
district. | ||
(e-1) Beginning September 1, 2015, a strategic partnership | ||
agreement may not provide for limited purpose annexation. | ||
(f) A strategic partnership agreement may provide for the | ||
following: | ||
(1) [ |
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services provided by the district; | ||
(2) [ |
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district [ |
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any other provision of this code or the Water Code, except for the | ||
obligation of the municipality to provide, directly or through | ||
agreement with other units of government, full provision of | ||
municipal services to annexed territory, in lieu of any annexation | ||
of residential property or payment of any fee on residential | ||
property in lieu of annexation of residential property in the | ||
district authorized by this subsection; | ||
(3) an [ |
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terms acceptable to the municipality and the district; | ||
(4) [ |
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district including some or all of the land included within the | ||
boundaries of the district, which conversion shall be effective on | ||
the [ |
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Subdivision (3) [ |
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(5) [ |
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governmental bodies and private providers of municipal services in | ||
existence on the date a municipality evidences its intention by | ||
adopting a resolution to negotiate for a strategic partnership | ||
agreement with the district shall be continued and provision made | ||
for modifications to such existing agreements; and | ||
(6) [ |
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consider appropriate. | ||
(g) A strategic partnership agreement that provides for the | ||
creation of a limited district under Subsection (f)(4) [ |
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shall include provisions setting forth the following: | ||
(1) the boundaries of the limited district; | ||
(2) the functions of the limited district and the term | ||
during which the limited district shall exist after [ |
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annexation, which term may be renewed successively by the governing | ||
body of the municipality, provided that no such original or renewed | ||
term shall exceed 10 years; | ||
(3) the name by which the limited district shall be | ||
known; and | ||
(4) the procedure by which the limited district may be | ||
dissolved prior to the expiration of any term established under | ||
Subdivision (2). | ||
(h) On the [ |
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forth in the strategic partnership agreement pursuant to Subsection | ||
(f)(3) [ |
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district shall be deemed to be within the [ |
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limits of the municipality without the need for further action by | ||
the governing body of the municipality. The [ |
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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 [ |
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conversion date established by the strategic partnership | ||
agreement. [ |
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(j) Except as limited by this section or the terms of a | ||
strategic partnership agreement, a district that has been annexed | ||
for limited purposes by a municipality before September 1, 2015, | ||
and a limited district shall have and may exercise all functions, | ||
powers, and authority otherwise vested in a district. | ||
(k) A municipality that has annexed all or part of a | ||
district for limited purposes under this section before September | ||
1, 2015, may impose a sales and use tax within the boundaries of the | ||
part of the district that is annexed for limited purposes. Except | ||
to the extent it is inconsistent with this section, Chapter 321, Tax | ||
Code, governs the imposition, computation, administration, | ||
governance, and abolition of the sales and use tax. | ||
(m) A municipality that has annexed [ |
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for limited purposes to implement a strategic partnership agreement | ||
under this section before September 1, 2015, shall not annex for | ||
full purposes any territory within a district created pursuant to a | ||
consent agreement with that municipality executed before August 27, | ||
1979. 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. | ||
(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. 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 before September 1, 2015; or | ||
(2) following two public hearings on the matter, the | ||
municipality and the district enter a written agreement providing | ||
for the imposition of the tax or taxes. | ||
SECTION 13. Subchapter D, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.07512 to read as follows: | ||
Sec. 43.07512. LIMITED PURPOSE ANNEXATION OF ANY SPECIAL | ||
DISTRICT PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT. (a) In | ||
this section, "special district" means a political subdivision of | ||
this state with a limited geographic area created by local law or | ||
under general law for a special purpose. | ||
(b) Notwithstanding any other general or local law, a | ||
strategic partnership agreement entered into on or after September | ||
1, 2015, may not provide for the limited purpose annexation of all | ||
or part of a special district. | ||
SECTION 14. Section 43.07515(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality may not regulate under Section 43.0751 | ||
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outside of the municipality's boundaries. | ||
SECTION 15. 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 or [ |
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in another municipality's extraterritorial jurisdiction[ |
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SECTION 16. Section 43.1025(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Annexation of the [ |
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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. | ||
SECTION 17. 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, 2015. | ||
SECTION 18. Section 43.127(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) On [ |
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before the date prescribed by the regulatory plan prepared for the | ||
limited purpose area [ |
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municipality must annex the area for full purposes. [ |
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SECTION 19. Section 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 [ |
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(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 [ |
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faith. | ||
SECTION 20. 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, 2015. | ||
SECTION 21. Section 43.203(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) This section applies only to the [ |
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a district that by resolution petitioned [ |
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municipality to alter the annexation status of land in the district | ||
from full-purpose annexation to limited-purpose annexation and | ||
before September 1, 2015: | ||
(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). | ||
SECTION 22. 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 publishing the notice of the first | ||
hearing under Section 43.0213, 43.0514, [ |
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SECTION 23. 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 [ |
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other law, this subsection controls. | ||
SECTION 24. (a) Sections 42.0411, 43.021, 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, 43.054, 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) | ||
and (r), 43.0752, 43.101(c) and (d), 43.102(c), 43.1025(e) and (g), | ||
43.103, 43.105, 43.121, 43.122, 43.123, 43.124, 43.125, 43.126, | ||
43.129, 43.131, 43.132, 43.147, 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. | ||
SECTION 25. The changes in law made by this Act do not apply | ||
to an annexation for which the first hearing notice required by | ||
former Section 43.0561 or 43.063, Local Government Code, as | ||
applicable, was published before the effective date of this Act. An | ||
annexation described by this section is governed by the law in | ||
effect at the time the notice was published, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 26. This Act takes effect September 1, 2015. |