347), Sec. 2, eff. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. Sec. 1878), Sec. September 1, 2019. 43.129. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. Added by Acts 2021, 87th Leg., R.S., Ch. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. 2, eff. 37, eff. 43.0673. ALTERATION OF ANNEXATION STATUS. Sept. 1, 2001. (j) Except as limited by this section or the terms of a strategic partnership agreement, a district that has been annexed for limited purposes by a municipality and a limited district shall have and may exercise all functions, powers, and authority otherwise vested in a district. 1, Sec. uQ/S&ix~Fa((]? Added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. Added by Acts 1999, 76th Leg., ch. View information and documents regarding current or recent annexations. 1052 (H.B. 2.01, eff. June 15, 2007. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. 81, eff. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. 560 (S.B. 393, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1991; Acts 1995, 74th Leg., ch. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 6 (S.B. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. Sept. 1, 2003. 6, eff. (15) any other provision or term to which the parties agree. 1, eff. 1.01, eff. (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. Sec. 1420, Sec. 199 (H.B. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. Sept. 1, 2001. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. 43.074. (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 described by Section 43.062(b)(2)(B). 3(k), eff. 6), Sec. <>>> Upon placement of the funds in the escrow account, the annexation may become effective. Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district; thus, only . 6), Sec. 597, Sec. Acts 1987, 70th Leg., ch. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. 3(j), eff. June 10, 2019. Added by Acts 1989, 71st Leg., ch. 1217 (S.B. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. 6), Sec. Sec. 1, eff. September 1, 2013. Sept. 1, 2001. June 20, 2003. 347), Sec. Acts 2015, 84th Leg., R.S., Ch. 149, Sec. 43.902. (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. 155 (H.B. 1338), Sec. (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. (1) may not require the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district; and. (i) The municipality may issue revenue refunding bonds or general obligation refunding bonds in its own name to refund in whole or in part its pro rata share of any outstanding district bonds, warrants, or other obligations, including unpaid earned interest on them, that are assumed by the municipality and that are payable solely from net revenues. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. Sept. 1, 1987. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. May 24, 2019. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. (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. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. 787, Sec. May 24, 2019. 1, eff. 149, Sec. 1082), Sec. June 10, 2019. All annexations must be carried out according to State law and the City Code of Ordinances. December 1, 2017. Municipal annexation is a process by which a municipality expands its boundaries into nearby, usually adjacent, unincorporated areas. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. Acts 2019, 86th Leg., R.S., Ch. (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. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. 62, Sec. 1.01, eff. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . 1.01, eff. 1, eff. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 593 (S.B. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. Sept. 1, 1999. 1, Sec. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 6 (S.B. May 25, 2007. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. 3723), Sec. 155 (H.B. endobj Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. 2, eff. 88 (S.B. (7) a regulation relating to the sale and use of fireworks. . Renumbered from Sec. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. Added by Acts 1989, 71st Leg., ch. 43.0695. 43.0681. 423 (S.B. 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. Amended by Acts 2001, 77th Leg., ch. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. 43.073. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. 1, Sec. 6 (S.B. Sept. 1, 1987. (l) The municipality may issue revenue refunding bonds in its own name for the purpose of refunding outstanding district revenue bonds, warrants, or other obligations, including unpaid accrued interest on them, that are assumed by the municipality under this section. 43.0697. The voters may not vote in any bond election. 6 (S.B. ANNEXATION OF CERTAIN ADJACENT AREAS. 43.1211. (3) any area that is to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement, or that is to be incorporated or included within an alternate form of government with the consent of a municipality that is a party under an agreement, shall, by operation of law and without further action by a party or its governing body, be released from the extraterritorial jurisdiction, or consent of the municipality to the incorporation or adoption of an alternate form of government by the district shall be deemed to have been given, as appropriate under the agreement, at the time or upon the occurrence of the events specified in the agreement. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. 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. Sept. 1, 1987. 6), Sec. (2) was in the extraterritorial jurisdiction of the municipality at the time of annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet in width at its narrowest point. 155 (H.B. December 1, 2017. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. May 24, 2019. 43, eff. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. Sept. 1, 1999. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. 43.015. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. Sept. 1, 1987. September 1, 2009. Sept. 1, 1997. The determination of value may be made on an original cost basis, a reproduction cost basis, a fair market value basis, or by any other valuation method agreed on by the parties that reasonably reflects the value of the property and other assets, debts, liabilities, and obligations of the district. 6), Sec. Houston Annexation History. Amended by Acts 1989, 71st Leg., ch. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. Acts 2019, 86th Leg., R.S., Ch. 43.064. WIDTH REQUIREMENT FOR DISANNEXATION. 225 (H.B. Sec. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 43.0663. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. 6 (S.B. 55(a), eff. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located. The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. 1, Sec. How does land annexation begin? (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. 43.081. (i) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government, the district is dissolved and the governing body of the district will serve as the temporary governing body of the municipality or alternate form of local government until a permanent governing body is elected as provided by Subsection (j). 43.0696. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. May 29, 1999. Acts 2019, 86th Leg., R.S., Ch. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. 1.01(4), 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. The . (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. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ May 24, 2019. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. Sec. Sec. The City of Del Rio, Texas does hereby give notice of intention to issue Certificates of Obligation, in one or more series, in the maximum principal amount not to exceed $27,000,000, for the purpose of. 37, eff. (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. <> An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. (2) is adjacent to the road and right-of-way. 1062, Sec. 43.903. June 18, 2003. 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. 50 qualified voters in a general law city)-Washington (qualified voters in city equal to 10%+ of the number of votes cast in the last general election) 6. .
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