REFUND OF TAXES AND FEES. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. endobj 6, eff. 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. 1, eff. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). APPLICABILITY. 22, eff. (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, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. September 1, 2009. 4059), Sec. Sept. 1, 1987. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. 43.063. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. Sec. 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). mile. Related Pages. 1420, Sec. (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. endstream 1900), Sec. Acts 1987, 70th Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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. 43.125. 6), Sec. (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. (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). (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. Any obligation to reimburse the developer may be paid in installments over a three-year period. Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. 941 (H.B. 3(f), eff. Sec. May 24, 2019. 4, eff. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. September 1, 2021. Amended by Acts 1997, 75th Leg., ch. (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. 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. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 62, eff. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f JFIF ` ` C Cities can annex property only with the written consent of the owner or by referendum. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. 155 (H.B. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. Acts 2017, 85th Leg., 1st C.S., Ch. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. 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. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. The construction shall be substantially completed within the period provided in the service plan. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. (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. 82, eff. (2) contiguous to the corporate boundaries of the municipality or an area annexed by the municipality for limited purposes, unless the district consents to noncontiguous annexation under a strategic partnership agreement with the municipality. Sec. Technological Hazards. Amended by Acts 1989, 71st Leg., ch. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. 43.0682. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. 43.015. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. 1167, Sec. 1, eff. Sec. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. 669, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 3, eff. Acts 2019, 86th Leg., R.S., Ch. (3) must be recorded in the deed records of any county in which is located any territory of a district that is or that becomes a party to the agreement. 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. 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 prescribed 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 347), Sec. 1, Sec. 1, eff. (a) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that is less than 1,000 feet in width at its narrowest point. View information and documents regarding current or recent annexations. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. Dan.Borgeson@tdem.texas.gov (512) 424-0002. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. 30, eff. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. Sec. The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. Added by Acts 1989, 71st Leg., ch. 17, eff. 43.1211. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. 43.0691. 6), Sec. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. Sec. The municipality shall pay for the costs of holding the election. June 18, 2003; Acts 2003, 78th Leg., ch. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. 6 (S.B. 149, Sec. 31, eff. % (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. Local Planning. 1, eff. 248, Sec. If an area is disannexed, the area may not be annexed again by the municipality for five years. All annexations must be carried out according to State law and the City Code of Ordinances. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. Authority to annex by petition (with consent). Acts 2019, 86th Leg., R.S., Ch. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 21, eff. Sec. 155 (H.B. Added by Acts 1989, 71st Leg., ch. (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, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. 3(h), eff. (4) that is the subject of an industrial district contract under Section 42.044. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. Amended by Acts 1989, 71st Leg., ch. Sec. 347), Sec. 347), Sec. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. RESULTS OF PETITION. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. 347), Sec. (c) A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter. (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. Acts 2017, 85th Leg., R.S., Ch. December 1, 2017. (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. 969, Sec. Funny. 1949), Sec. Sept. 1, 1989. 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. Amended by Acts 1989, 71st Leg., ch. 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. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). (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) 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. 43.054. 11.255, eff. Sec. December 1, 2017. 43.0565. Sec. Sec. 36, eff. December 1, 2017. (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. 423 (S.B. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. This building is needed to mobilize any unit in a city. (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. 1, eff. SUBCHAPTER C-2. George W. Bush 2.13, eff. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . September 1, 2011. 6 (S.B. 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. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. 1, eff. (q) For purposes of Subchapter I, Chapter 271: (1) a district or eligible municipality is a "local governmental entity" within the meaning of Section 271.151(3); and. 155 (H.B. 560 (S.B. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. 6 0 obj 4.011, eff. 43.004. 1.01, eff. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. Acts 1987, 70th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 43.126. 43.079. 347), Sec. 1, eff. <> 43.136. Sec. Sec. (a) Notwithstanding any other law, the governing body 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. (d) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. How does land annexation begin? (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. 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