Bill Text: TX SB6 | 2017 | 85th Legislature 1st Special Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to municipal annexation.
Spectrum: Partisan Bill (Republican 65-1)
Status: (Passed) 2017-08-15 - Effective on . . . . . . . . . . . . . . . [SB6 Detail]
Download: Texas-2017-SB6-Engrossed.html
Bill Title: Relating to municipal annexation.
Spectrum: Partisan Bill (Republican 65-1)
Status: (Passed) 2017-08-15 - Effective on . . . . . . . . . . . . . . . [SB6 Detail]
Download: Texas-2017-SB6-Engrossed.html
By: Campbell, et al. | S.B. No. 6 |
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relating to municipal annexation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.001. DEFINITIONS [ |
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(1) "Extraterritorial[ |
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jurisdiction" means extraterritorial jurisdiction as determined | ||
under Chapter 42. | ||
(2) "Tier 1 county" means a county with a population of | ||
less than 125,000. | ||
(3) "Tier 2 county" means a county with a population of | ||
125,000 or more. | ||
(4) "Tier 1 municipality" means a municipality wholly | ||
located in one or more tier 1 counties that proposes to annex an | ||
area wholly located in one or more tier 1 counties. | ||
(5) "Tier 2 municipality" means a municipality: | ||
(A) wholly or partly located in a tier 2 county; | ||
or | ||
(B) wholly located in one or more tier 1 counties | ||
that proposes to annex an area wholly or partly located in a tier 2 | ||
county. | ||
SECTION 2. Section 43.002, Local Government Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) Notwithstanding Subsection (c) and until the 20th | ||
anniversary of the date of the annexation of an area that includes a | ||
permanent retail structure, a municipality may not prohibit a | ||
person from continuing to use the structure for the indoor seasonal | ||
sale of retail goods if the structure: | ||
(1) is more than 5,000 square feet; and | ||
(2) was authorized under the laws of this state to be | ||
used for the indoor seasonal sale of retail goods on the effective | ||
date of the annexation. | ||
SECTION 3. 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 [ |
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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 [ |
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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. | ||
SECTION 4. 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 tier 1 municipality; and | ||
(2) notwithstanding Subchapter C-4 or C-5, a tier 2 | ||
municipality. | ||
Sec. 43.0115. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX | ||
ENCLAVES. (a) This section applies only to a municipality that: | ||
(1) is wholly or partly located in a county in which a | ||
majority of the population of two or more municipalities, each with | ||
a population of 300,000 or more, are located; and | ||
(2) proposes to annex an area that: | ||
(A) is wholly surrounded by a municipality and | ||
within the municipality's extraterritorial jurisdiction; and | ||
(B) has fewer than 100 dwelling units. | ||
(b) Notwithstanding any other law, the governing body of a | ||
municipality by ordinance may annex an area without the consent of | ||
any of the residents of, voters of, or owners of land in the area | ||
under the procedures prescribed by Subchapter C-1. | ||
Sec. 43.0116. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL | ||
DISTRICTS. Notwithstanding any other law, 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 requirements applicable to a tier 1 municipality. | ||
Sec. 43.0117. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR | ||
MILITARY BASE. (a) In this section, "military base" means a | ||
presently functioning federally owned or operated military | ||
installation or facility. | ||
(b) Notwithstanding any other law, a municipality may annex | ||
for full or limited purposes any part of the area located within | ||
one-quarter mile of the boundaries of a military base in which an | ||
active training program is conducted only if the municipality and | ||
the military base enter into a memorandum of agreement to establish | ||
provisions to maintain the compatibility of the municipality's | ||
regulation of land in the area with the military base operations | ||
following the annexation. | ||
SECTION 5. 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 [ |
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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. | ||
SECTION 6. 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 [ |
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MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a | ||
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stream adjacent to the municipality and within the municipality's | ||
extraterritorial jurisdiction under the procedures prescribed by | ||
Subchapter C-1. | ||
SECTION 7. 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 [ |
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EXTRATERRITORIAL JURISDICTION. A municipality may annex area only | ||
in its extraterritorial jurisdiction unless the municipality owns | ||
the area. | ||
SECTION 8. 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 [ |
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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. | ||
SECTION 9. 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 [ |
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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) [ |
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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. | ||
SECTION 10. Section 43.037, Local Government Code, is | ||
transferred to Subchapter A-1, Chapter 43, Local Government Code, | ||
as added by this Act, redesignated as Section 43.017, Local | ||
Government Code, and amended to read as follows: | ||
Sec. 43.017 [ |
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SURROUND MUNICIPALITY IN CERTAIN COUNTIES. (a) 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. | ||
(b) A municipality described by Subsection (a) to which | ||
Section 42.0235 applies and a neighboring municipality may waive | ||
Subsection (a) if the governing body of each municipality adopts, | ||
on or after December 1, 2017, a resolution stating that this section | ||
is waived. | ||
SECTION 11. The heading to Subchapter B, Chapter 43, Local | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX: TIER 1 MUNICIPALITIES | ||
SECTION 12. Subchapter B, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.0205 to read as follows: | ||
Sec. 43.0205. APPLICABILITY. This subchapter applies only | ||
to a tier 1 municipality. | ||
SECTION 13. 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: TIER 1 MUNICIPALITIES | ||
SECTION 14. 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 tier 1 | ||
municipality. | ||
(b) Unless otherwise specifically provided by this chapter, | ||
this subchapter does not apply to a tier 2 municipality. | ||
SECTION 15. 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 [ |
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(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. | ||
SECTION 16. Section 43.054(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality [ |
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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. | ||
SECTION 17. Sections 43.056(l) and (n), Local Government | ||
Code, are 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. [ |
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person residing or owning land in an annexed area [ |
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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. | ||
(n) Before the second anniversary of the date an area is | ||
included within the corporate boundaries of a municipality by | ||
annexation, the municipality may not: | ||
(1) prohibit the collection of solid waste in the area | ||
by a privately owned solid waste management service provider; or | ||
(2) offer [ |
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services in the area unless a privately owned solid waste | ||
management service provider is unavailable [ |
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SECTION 18. 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) [ |
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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. | ||
SECTION 19. Section 43.0563(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The governing body of a municipality [ |
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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 20. 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: TIER 1 MUNICIPALITIES | ||
SECTION 21. Section 43.061, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.061. APPLICABILITY. (a) Except as provided by | ||
Subsection (b), this [ |
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is proposed for annexation by a tier 1 municipality and that is not | ||
required to be included in a municipal annexation plan under | ||
Section 43.052(h) [ |
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(b) Unless otherwise specifically provided by this chapter, | ||
this subchapter does not apply to an area that is proposed for | ||
annexation by a tier 2 municipality. | ||
SECTION 22. Section 43.062(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) Sections [ |
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this subchapter applies. | ||
SECTION 23. Section 43.064, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION[ |
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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. | ||
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SECTION 24. Chapter 43, Local Government Code, is amended | ||
by adding Subchapter C-2 to read as follows: | ||
SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES: TIER | ||
2 MUNICIPALITIES | ||
Sec. 43.066. APPLICABILITY. This subchapter applies only | ||
to a tier 2 municipality. | ||
Sec. 43.0661. 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) offer solid waste management services in the area | ||
unless a privately owned solid waste management service provider is | ||
unavailable. | ||
Sec. 43.0663. 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. | ||
SECTION 25. 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 43.0662, Local | ||
Government Code, and amended to read as follows: | ||
Sec. 43.0662 [ |
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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 [ |
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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. | ||
SECTION 26. 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: TIER 2 | ||
MUNICIPALITIES | ||
Sec. 43.067. APPLICABILITY. This subchapter applies only | ||
to a tier 2 municipality. | ||
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: TIER 2 MUNICIPALITIES | ||
Sec. 43.068. APPLICABILITY. This subchapter applies only | ||
to a tier 2 municipality. | ||
Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex | ||
an area with a population of less than 200 only if the following | ||
conditions are met, as applicable: | ||
(1) the municipality obtains consent to annex the area | ||
through a petition signed by 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, the petition described | ||
by Subdivision (1) is signed by more than 50 percent of the owners | ||
of land in 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 and 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 | ||
43.0684; | ||
(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) Except as provided by | ||
Subsection (a-1), the petition required by Section 43.0681 may be | ||
signed only by a registered voter of the area proposed to be | ||
annexed. | ||
(a-1) If the registered voters of the area proposed to be | ||
annexed do not own more than 50 percent of the land in the area, the | ||
petition required by Section 43.0681 may also be signed by the | ||
owners of land in the area that are not registered voters. | ||
Notwithstanding Subsection (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. | ||
(a-2) The petition must clearly indicate that the person is | ||
signing as a registered voter of the area, an owner of land in the | ||
area, or 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 43.0682 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 | ||
and property owners 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 second | ||
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. | ||
Sec. 43.0688. 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. | ||
SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST | ||
200: TIER 2 MUNICIPALITIES | ||
Sec. 43.069. APPLICABILITY. This subchapter applies only | ||
to a tier 2 municipality. | ||
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 Sections | ||
43.0685(b)-(e), 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 second 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. | ||
Sec. 43.0699. 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. | ||
SECTION 27. 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 [ |
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Commission on Environmental Quality as such rules and requirements | ||
exist on the date of annexation. [ |
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(c) At the time notice of the municipality's intent to annex | ||
the land within the district is first given [ |
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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 [ |
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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 | ||
[ |
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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 28. Section 43.0751, Local Government Code, is | ||
amended by amending Subsection (h) and adding Subsections (s) and | ||
(t) to read as follows: | ||
(h) On the full-purpose annexation conversion date set | ||
forth in the strategic partnership agreement pursuant to Subsection | ||
(f)(5) [ |
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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 tier 1 municipality. 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 and except as provided by | ||
Subsection (t), the procedures prescribed by Subchapters C-3, C-4, | ||
and C-5 do not apply to the annexation of an area under this | ||
section. Except as provided by Subsections (h) and (t), a | ||
municipality shall follow the procedures established under the | ||
strategic partnership agreement for full-purpose annexation of an | ||
area under this section. | ||
(t) Notwithstanding the provisions of this section, a | ||
municipality subject to this subsection must annex an area | ||
described by Subdivision (4)(B) in compliance with Subchapter C-3, | ||
C-4, or C-5. This subsection applies only to a municipality that: | ||
(1) has a population of less than 850,000; | ||
(2) is served by a municipally owned electric utility | ||
with 400,000 or more customers; | ||
(3) is wholly or partly located in a tier 2 county; and | ||
(4) is subject to a strategic partnership agreement: | ||
(A) executed on or after September 1, 2009; and | ||
(B) for which an area proposed for annexation | ||
will be annexed before January 1, 2021. | ||
SECTION 29. The heading to Section 43.101, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR [ |
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SECTION 30. Section 43.101(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The area may be annexed without the consent of any [ |
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owners or residents of the area under the procedures applicable to a | ||
tier 1 municipality by: | ||
(1) a tier 1 municipality; and | ||
(2) if there are no owners other than the municipality | ||
or residents of the area, a tier 2 municipality. | ||
SECTION 31. Section 43.102(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The area may be annexed without the consent of any [ |
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owners or residents of the area under the procedures applicable to a | ||
tier 1 municipality by: | ||
(1) a tier 1 municipality; and | ||
(2) if there are no owners other than the municipality | ||
or residents of the area, a tier 2 municipality. | ||
SECTION 32. 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 tier 2 municipality [ |
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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. | ||
SECTION 33. 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 GENERAL-LAW TIER 1 MUNICIPALITIES [ |
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SECTION 34. Section 43.103(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A general-law tier 1 municipality with a population of | ||
500 or more 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. | ||
SECTION 35. 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 [ |
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(A) has a population of 1,066-1,067; | ||
(B) [ |
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population of 85,000 or more; and | ||
(C) [ |
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population of 2 million or more;[ |
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(2) a general-law tier 1 municipality that has a | ||
population of 6,000-6,025. | ||
(a-1) Subject to Section 43.1055, 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. | ||
SECTION 36. 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. Notwithstanding any other law, a tier 2 | ||
municipality 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 tier 1 | ||
municipality. | ||
SECTION 37. Sections 43.121(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) Subject to Section 43.1211, the [ |
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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 [ |
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municipality to annex an area for limited purposes under Section | ||
43.136 or any other statute granting the authority to annex for | ||
limited purposes. | ||
SECTION 38. Subchapter F, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.1211 to read as follows: | ||
Sec. 43.1211. AUTHORITY OF CERTAIN TIER 2 MUNICIPALITIES TO | ||
ANNEX FOR LIMITED PURPOSES. Except as provided by Section 43.0751, | ||
beginning December 1, 2017, a tier 2 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. | ||
SECTION 39. 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 a tier 1 municipality, | ||
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 a tier 2 municipality, | ||
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) [ |
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SECTION 40. Sections 43.203(a) and (b), Local Government | ||
Code, are amended to read as follows: | ||
(a) Notwithstanding any other law, the [ |
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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 [ |
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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. | ||
SECTION 41. 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 [ |
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first hearing under Section 43.0561, [ |
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or 43.0693, as applicable. | ||
SECTION 42. Subchapter Z, Chapter 43, Local Government | ||
Code, is amended by adding Section 43.9051 to read as follows: | ||
Sec. 43.9051. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR | ||
POLITICAL SUBDIVISIONS. (a) In this section, "public entity" | ||
includes a county, fire protection service provider, including a | ||
volunteer fire department, emergency medical services provider, | ||
including a volunteer emergency medical services provider, or | ||
special district, as that term is defined by Section 43.052. | ||
(b) A municipality that proposes to annex an area shall | ||
provide written notice of the proposed annexation within the period | ||
prescribed for providing the notice of the first hearing under | ||
Section 43.0561, 43.063, 43.0673, 43.0683, or 43.0693, as | ||
applicable, to each public entity that is located in or provides | ||
services to the area proposed for annexation. | ||
(c) A municipality that proposes to enter into a strategic | ||
partnership agreement under Section 43.0751 shall provide written | ||
notice of the proposed agreement within the period prescribed for | ||
providing the notice of the first hearing under Section 43.0751 to | ||
each political subdivision that is located in or provides services | ||
to the area subject to the proposed agreement. | ||
(d) A notice to a public entity or political subdivision | ||
shall contain a description of: | ||
(1) the area proposed for annexation; | ||
(2) any financial impact on the public entity or | ||
political subdivision resulting from the annexation, including any | ||
changes in the public entity's or political subdivision's revenues | ||
or maintenance and operation costs; and | ||
(3) any proposal the municipality has to abate, | ||
reduce, or limit any financial impact on the public entity or | ||
political subdivision. | ||
(e) The municipality may not proceed with the annexation | ||
unless the municipality provides the required notice under this | ||
section. | ||
SECTION 43. Section 8395.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8395.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 4; | ||
(2) Travis County Municipal Utility District No. 5; | ||
(3) Travis County Municipal Utility District No. 6; | ||
(4) Travis County Municipal Utility District No. 7; | ||
(5) Travis County Municipal Utility District No. 8; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described by | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 44. Section 8396.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8396.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 5; | ||
(3) Travis County Municipal Utility District No. 6; | ||
(4) Travis County Municipal Utility District No. 7; | ||
(5) Travis County Municipal Utility District No. 8; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 45. Section 8397.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8397.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 6; | ||
(4) Travis County Municipal Utility District No. 7; | ||
(5) Travis County Municipal Utility District No. 8; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 46. Section 8398.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8398.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 5; | ||
(4) Travis County Municipal Utility District No. 7; | ||
(5) Travis County Municipal Utility District No. 8; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 47. Section 8399.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8399.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 5; | ||
(4) Travis County Municipal Utility District No. 6; | ||
(5) Travis County Municipal Utility District No. 8; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 48. Section 8400.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8400.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 5; | ||
(4) Travis County Municipal Utility District No. 6; | ||
(5) Travis County Municipal Utility District No. 7; | ||
(6) Travis County Municipal Utility District No. 9; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 49. Section 8401.151, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8401.151. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a [ |
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or part of the district first must adopt a resolution of intention | ||
to annex all or part of the district and transmit that resolution to | ||
the district and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 5; | ||
(4) Travis County Municipal Utility District No. 6; | ||
(5) Travis County Municipal Utility District No. 7; | ||
(6) Travis County Municipal Utility District No. 8; | ||
and | ||
(7) Travis County Water Control and Improvement | ||
District No. 19. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section [ |
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SECTION 50. 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) [ |
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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. | ||
SECTION 51. 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) [ |
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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 52. 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) [ |
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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 53. Subtitle I, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapter 9073 to read as follows: | ||
CHAPTER 9073. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 19; ANNEXATION | ||
Sec. 9073.001. DEFINITION. In this chapter, "district" | ||
means the Travis County Water Control and Improvement District | ||
No. 19. | ||
Sec. 9073.002. ANNEXATION BY MUNICIPALITY. (a) The | ||
governing body of a municipality that plans to annex all or part of | ||
the district first must adopt a resolution of intention to annex all | ||
or part of the district and transmit that resolution to the district | ||
and the following districts: | ||
(1) Travis County Municipal Utility District No. 3; | ||
(2) Travis County Municipal Utility District No. 4; | ||
(3) Travis County Municipal Utility District No. 5; | ||
(4) Travis County Municipal Utility District No. 6; | ||
(5) Travis County Municipal Utility District No. 7; | ||
(6) Travis County Municipal Utility District No. 8; | ||
and | ||
(7) Travis County Municipal Utility District No. 9. | ||
(b) On receipt of a resolution described by Subsection (a), | ||
the district and each of the districts listed in Subsection (a) | ||
shall call an election to be held on the next uniform election date | ||
on the question of whether the annexation should be authorized. | ||
(c) The municipality may annex the territory described in | ||
the resolution only if a majority of the total number of voters | ||
voting in all of the districts' elections vote in favor of | ||
authorizing the annexation. | ||
(d) The municipality seeking annexation shall pay the costs | ||
of the elections held under this section. | ||
SECTION 54. (a) Sections 43.036, 43.0546, 43.056(d) and | ||
(h), 43.0565, 43.0567, 43.1025(e) and (g), and 43.906, Local | ||
Government Code, are repealed. | ||
(b) Section 43.056(p), Local Government Code, as amended by | ||
S.B. 1878, Acts of the 85th Legislature, Regular Session, 2017, is | ||
repealed. | ||
(c) Section 5.701(n)(6), Water Code, is repealed. | ||
(d) 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. | ||
(e) 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 Sections 43.056(l) and | ||
(n), 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 December 1, | ||
2017. | ||
SECTION 55. The changes in law made by this Act apply to the | ||
annexation of an area subject to a development agreement entered | ||
into by a municipality with a population of more than 227,000 and | ||
less than 236,000, according to the 2010 federal decennial census, | ||
under Section 212.172, Local Government Code, before the effective | ||
date of this Act that is initiated on or after the expiration date | ||
provided for in the agreement. The annexation of an area subject to | ||
the agreement that is initiated before the expiration date of the | ||
agreement as the result of a termination of the agreement is | ||
governed by the law in effect on January 1, 2017, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 56. 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 57. This Act takes effect December 1, 2017. |