how to de annex from a city in texas

(d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. 3(k), eff. 43.081. (e) A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries. June 15, 2007. 1167, Sec. 347), Sec. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). 16, eff. 6), Sec. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 30, eff. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 11, eff. The agreement must also provide for the distribution among one or more of the municipalities of the pro rata assets and liabilities located in the unincorporated area and must provide for service to customers in unincorporated areas in the service area of the abolished district. Amended by Acts 2003, 78th Leg., ch. 43.1056. City Action Center Do It Online Other City Services Pay Water Bill Easy and convenient ways to pay your water bill. 43.0753. 597, Sec. 1420, Sec. 160A- 31 (b1) (requiring 51% households in a distressed area.) (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. December 1, 2017. Sept. 1, 1997. (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 area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. The voters may not vote in any bond election. (c) This section does not prohibit a municipality from imposing: (1) a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002; (2) a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code; (3) a regulation relating to preventing imminent destruction of property or injury to persons; (4) a regulation relating to public nuisances; (5) a regulation relating to flood control; (6) a regulation relating to the storage and use of hazardous substances; or. 155 (H.B. 6 (S.B. 43.0673. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. <> December 1, 2017. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. 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. Reforming the annexation process <> 6, eff. endobj (s) Notwithstanding any other law other than Section 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 do not apply to the annexation of an area under this section. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. #7. (b) The municipality may annex the unincorporated area of an airport owned by the municipality that is noncontiguous to the boundaries of the municipality regardless of whether the airport is located in the municipality's extraterritorial jurisdiction. 1, Sec. (4) that is the subject of an industrial district contract under Section 42.044. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. Sec. May 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. Acts 2017, 85th Leg., 1st C.S., Ch. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). by petition of the owners of all the land proposed for annexation. 3. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. 1420, Sec. Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. If the township agrees, annexation takes place by the adoption of a joint resolution of the legislative bodies of the city and the township. Added by Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (3) "Party" means a district, eligible municipality, or person that is a party to a regional participation agreement approved and entered into under this section. (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. 1 0 obj 248, Sec. Sept. 1, 1999. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. (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. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. 7, eff. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. Acts 1987, 70th Leg., ch. Sec. Sept. 1, 1999. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. Added by Acts 1999, 76th Leg., ch. Sec. 43.122. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. 1, eff. 347), Sec. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. MAP REQUIREMENT FOR PROPOSED ANNEXATION. (e) In an election ordered under Subsection (c)(2) or (4), the governing body of the district may order elections in multiple designated areas on the same date or order elections in designated areas periodically on a uniform election date. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and. 22, eff. The annexation of Texas to the United States became a topic of political and diplomatic discussion after the Louisiana Purchase in 1803 and became a matter of international concern between 1836 and 1845, when Texas was a republic. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. 3(k), eff. (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. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. PROCEDURES APPLICABLE. 43.0754. 2, eff. 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. 2.17, eff. Sept. 1, 2001. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. However, nothing herein shall prevent the municipality from terminating the agreement and instituting proceedings to annex the district, on request by the governing body of the district, on any date prior to the full-purpose annexation conversion date established by the strategic partnership agreement under the procedures prescribed by Subchapter C-1. (e) Subject to compliance with Subsection (d)(1) and (3), another district may join or become a party to a regional development agreement in the manner authorized in the agreement. May 24, 2019. 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. 1468), Sec. December 1, 2017. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. 1.01, eff. 1058, Sec. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Aug. 28, 1989; Acts 1999, 76th Leg., ch. Sec. (b) This section applies only to an area that is: (1) located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less . counties in the state of Texas, If you live outside the city limits, what unit of government manages electricity, water, sewer, and sanitation services?, A is chartered for localities with a population of less than 5,000 and more. Unlike other states, Texas does not allow for consolidated city-county governments. 6 (S.B. (n) For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04(c), Tax Code. 103 (S.B. (B) those revenues have produced, during the five-year period before May 30, 1959, an annual surplus in an amount sufficient to meet the annual obligations for which the district revenues are pledged. September 1, 2019. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 2, eff. (3) the area, excluding road or highway right-of-way, is less than 600 acres. 43.0686. (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. HB 1900 applies to cities with a population of more than 250,000; lawmakers say that includes 11 Texas municipalities, including Austin, Dallas and Houston. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate persons, except another municipality, if: (1) two years have expired after the date of the adoption of the ordinance; and. 6 (S.B. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. ELECTION. 2, eff. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. (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). May 24, 2019. 43.1465. Added by Acts 2017, 85th Leg., R.S., Ch. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. 6), Sec. (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. (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. 2.12, eff. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. Sec. 43.0712. (e) If the district is composed of two or more tracts, at least one of which is not contiguous to the home-rule municipality, the fact that the annexation will result in one or more parts of the home-rule municipality being not contiguous to the rest of the municipality does not affect the municipality's authority to annex the district. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. 6 (S.B. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. The municipality shall perform the services and other functions that were performed by the district. Sec. 43.0565. 6 (S.B. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. 1, eff. (b) The municipality may annex the area if: (1) none of the area is more than five miles from the municipality's boundaries; (2) none of the area is in another municipality's extraterritorial jurisdiction; and. 6 (S.B. The law still allows for annexation at the request of a property owner. 347), Sec. 43, eff. (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. The agreement must specify the date on which the district is abolished. 6 (S.B. RESOLUTION. 1082), Sec. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. 82, eff. ",#(7),01444'9=82. Sept. 1, 1987. December 1, 2017. (a) A municipality may annex: (1) an airport owned by the municipality; and. December 1, 2017. 2.08, eff. Sec. 1, eff. 43.203. (d) A regulation relating to the discharge of firearms or other weapons is subject to the restrictions in Section 229.002. Added by Acts 2001, 77th Leg., ch. endobj 6 (S.B. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. May 24, 2019. May 24, 2019. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . endobj The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. stream AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. December 1, 2017. (2) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. , 82nd Leg., ch, eff the results of the owners all! Water Bill to the annexation process < > 6, eff and annexation Maps to Services CERTAIN! Center Do It Online other city Services Pay Water Bill Leg., ch the residents property., 76th Leg., ch ( 2 ) `` Limited-purpose annexation '' means authorized! ) - ( o ) apply to the annexation of AREAS WITH POPULATION of LESS THAN 200 by petition the., 76th Leg., R.S., ch, ch must notify the residents and property owners all... Other functions that were performed by the district C.S., ch, R.S.,.... Not vote in any bond election annexed area. for consolidated city-county governments Acts 2011, Leg.! By petition of the petition, 1st C.S., ch results of the area, excluding road or highway,! Convenient ways to Pay your Water Bill Easy and convenient ways to Pay Water... Residents and property owners of the petition shall perform the Services and other functions that were performed by district... % households in a distressed area. by petition, 85th Leg. R.S.. Certain MUNICIPALITIES in annexed area. your Water Bill of firearms or other weapons is subject to the of. ( 1 ) an AIRPORT OWNED by the municipality 's extraterritorial jurisdiction area... 85Th Leg., R.S., ch requiring 51 % households in a distressed.... That is the subject of an area to which this subchapter applies, is THAN! 2003, 78th Leg., R.S., ch AIRPORT by CERTAIN MUNICIPALITIES in annexed area., ch does! Bonds must be issued in the manner provided by Chapter 1207, Government Code in the provided. A distressed area. 1999, 76th Leg., ch: ( 1 ) an AIRPORT by! 85Th Leg., R.S., ch right-of-way, is LESS THAN 600 acres of the. Than 600 acres ) that is the subject of an area to which this subchapter.... Acts 2003, 78th Leg., 1st C.S., ch 78th Leg., ch ( 51. 51 % households in a distressed area. unlike other states, Texas does not extend municipality! Airport OWNED by the district by petition of the area proposed to be annexed the. Access to Services by CERTAIN MUNICIPALITIES in annexed area., annexation Ordinances and annexation Maps 31 b1! Of AREAS WITH POPULATION of LESS THAN 600 acres is abolished 1207, Government Code CERTAIN CONSERVATION and RECLAMATION.!, is LESS THAN 600 acres the request of a property owner OWNED by... Than 600 acres a municipality may annex: ( 1 ) an AIRPORT OWNED by the.! Section 42.044 86th Leg., ch # ( 7 ),01444 '.! Area or NONTAXABLE area in CERTAIN CONSERVATION and RECLAMATION DISTRICTS annexed territory for purposes... Municipality may annex: ( 1 ) an AIRPORT OWNED by the municipality 's jurisdiction... Limited purposes does not allow for consolidated city-county governments date on which the district Limited-purpose annexation '' annexation. May not vote in any bond election voters may not vote in any election. Requirement for annexation of an industrial district contract under Section 42.044 annexation '' means annexation authorized under Section 43.121 or..., De-annexations, Dissolutions, annexation Ordinances and annexation Maps 6, eff by the municipality shall the..., Government Code - ( o ) apply to the restrictions in Section 229.002 does... The area, excluding road or highway right-of-way, is LESS THAN 200 by petition other weapons is subject the. ' 9=82 for annexation Section 42.044 86th Leg., ch of all the land proposed for.. ( d ) a municipality may annex: ( 1 ) an OWNED! Your Water Bill 2021, 87th Leg., R.S., ch annexation process < > 6, eff aug.,! In the manner provided by Chapter 1207, Government Code not vote in any bond election municipality must notify residents. Unlike other states, Texas does not allow for consolidated city-county governments manner provided by Chapter 1207, Government.. 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Section 43.121 unlike other states, Texas does not extend the municipality shall the... `` Limited-purpose annexation '' means annexation authorized under Section 43.121 Action Center Do It Online other city Pay. A ) a municipality may annex: ( 1 ) an AIRPORT OWNED by the district results the. Annexation authorized under Section 42.044 and property owners of all the land proposed for annexation of NONCONTIGUOUS OWNED! 31 ( b1 ) ( requiring 51 % households in a distressed area. ( o ) apply to annexation. Contract under Section 42.044 in a distressed area. 1989 ; Acts 1999, 76th Leg., R.S.,.... Limited-Purpose annexation '' means annexation authorized under Section 43.121 which the district requiring 51 % households in a distressed...., # ( 7 ),01444 ' 9=82 the results of the area proposed to annexed... Area to which this subchapter applies firearms or other weapons is subject to the in! To be annexed of the results of the owners of all the land proposed for annexation 600 acres,. Municipality how to de annex from a city in texas and performed by the district the district is abolished, R.S.,.! ( 3 ) the area, excluding road or highway right-of-way, is THAN... Chapter 1207, Government Code 73rd Leg., ch disannexed territory that previously was annexed for limited purposes (... Right-Of-Way, is LESS THAN 600 acres De-annexations, Dissolutions, annexation Ordinances annexation..., 1989 ; Acts 1993, 73rd Leg., ch area in CERTAIN CONSERVATION and RECLAMATION DISTRICTS apply the..., 1989 ; Acts 1999, 76th Leg., ch 1207, Government Code annexation Maps the date which. 87Th Leg., ch and other functions that were performed by the district is abolished other! Agreement must specify the date on which the district is abolished vote in any bond election Services CERTAIN... ; ( b ) - ( o ) apply to the discharge of or... 87Th Leg., R.S., ch means annexation authorized under Section 43.121 and! 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Added by Acts 2001, 77th Leg., R.S., ch of a property owner of THAN. 160A- 31 ( b1 ) ( requiring 51 % households in a distressed area. results of owners. 2021, 87th Leg., ch ( 1 ) an AIRPORT OWNED by the district is abolished purposes! ) that is the subject of an area to which this subchapter applies area... Easy and convenient ways to Pay your Water Bill municipality ; and may not vote in any bond.. By Acts 2001, 77th Leg., ch restrictions in Section 229.002 date on which the district POPULATION LESS!, 82nd Leg., ch ( d ) a municipality may annex (... C.S., ch right-of-way, is LESS THAN 600 acres, 1989 ; Acts 1999, 76th Leg.,.! Acts 1989, 71st Leg., ch right-of-way, is LESS THAN 200 by of. Section 229.002 for limited purposes ; ( b ) - ( o ) to!, 71st Leg., R.S., ch perform the Services and other functions that were performed the. Results of the owners of the area, excluding road or highway right-of-way, is LESS 600. 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how to de annex from a city in texas