Sec. 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. 43.0545. 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. 2, 3, eff. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . Sept. 1, 1999. endobj Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. 17, Sec. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. May 24, 2019. 43.9051. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. Sec. (c) The municipality is not required to provide a service that is not included in the agreement. Sept. 1, 2001. Amended by Acts 1999, 76th Leg., ch. (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. b. 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. (e) For purposes of this section, roads, highways, rivers, lakes, or other bodies of water are not included in computing the 1,000-foot distance unless the area being annexed includes land in addition to a road, highway, river, lake, or other body of water. (1) none of the area is more than eight miles from the municipality's boundaries; and. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). December 1, 2017. (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. 347), Sec. 1024), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. 43.0687. endobj Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain: (1) a statement of the purpose of the hearing; (2) a statement of the date, time, and place of the hearing; and. (f) Chapter 277, Election Code, applies to a petition under this section. Sec. 1.01(4), eff. 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. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. 1, eff. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. (a) This subchapter applies only to an annexation under Subchapter C-1. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. 43.106. 1, eff. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. June 15, 2007. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. (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. Amended by Acts 1989, 71st Leg., ch. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. 6), Sec. 3, eff. Aug. 28, 1989. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. (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). 6 (S.B. 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. 6), Sec. SUBCHAPTER C-2. 6), Sec. ADOPTION OF REGULATORY PLAN. June 18, 2015. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. May 24, 2019. 922 (H.B. December 1, 2017. The municipality may also combine the different issues or the bonds of the different issues into one or more series of general obligation refunding bonds. 2, eff. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. In the action for the writ: (1) the court may order the parties to participate in mediation; (2) the municipality has the burden of proving that the municipality complied with Subsection (a); (3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and, (i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or. (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. 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. 597, Sec. 10 0 obj (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. (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). Acts 2019, 86th Leg., R.S., Ch. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. September 1, 2007. Aug. 28, 1989. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. (3) a part of a special utility district created or operating under Chapter 65, Water Code. 1420, Sec. 347), Sec. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. 1420, Sec. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 4, eff. 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). (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. 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. 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. 43.202. 155 (H.B. 6), Sec. Unlike other states, Texas does not allow for consolidated city-county governments. In this chapter: (1) "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. 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. 1349), Sec. (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. 1 0 obj (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. 44, eff. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. 43.0682. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. (d) A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code. Sec. (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. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. Amended by Acts 1989, 71st Leg., ch. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. 43.0692. <> 149, Sec. 3, eff. 199 (H.B. Four years ago, the city annexed (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. The notice must be in the format prescribed by Section 43.123(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. 218, Sec. 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. September 1, 2019. (3) the area abuts or is contiguous to another jurisdictional boundary. Sec. ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION. 43.0117. 43.0694. (m) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional participation agreement that has been voluntarily entered into and fully executed by the parties, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the agreement during which a district continues to perform its obligations under the agreement: (1) Section 42.023 and any other law or municipal charter provision relating to the reduction of the extraterritorial jurisdiction of an eligible municipality that is a party do not apply, and Sections 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party; (2) the governing body of an eligible municipality that is a party may not initiate or continue an annexation proceeding relating to that area but may include the area covered by the agreement in a municipal annexation plan; and. May 24, 2019. 43.0698. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. Sec. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. May 24, 2019. (n) This subsection applies only to a municipality any portion of which is located in a county that has a population of not less than 285,000 and not more than 300,000 and that borders the Gulf of Mexico and is adjacent to a county with a population of more than 3.3 million. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. December 1, 2017. 43.001. Sec. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. 155 (H.B. 1338), Sec. PUBLIC HEARING. 43.201. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. Added by Acts 2019, 86th Leg., R.S., Ch. (f) To annex the entire part of a water or sewer district that is outside the municipality's boundaries, a general-law municipality incorporated after 1983 that is, after incorporation of the district, incorporated over all or any part of the district may annex territory by ordinance without the consent of the inhabitants or property owners of the territory. 2.05, eff. Technological Hazards. Any obligation to reimburse the developer may be paid in installments over a three-year period. Added by Acts 1989, 71st Leg., ch. 5, eff. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. An agreement may be extended only once under this subsection. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. 1, eff. December 1, 2017. 1, eff. The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. Added by Acts 1999, 76th Leg., ch. 969, Sec. (2) the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. 6 from 2017 had already done that for cities in the largest counties.) 175 (H.B. 149, Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. MAP REQUIREMENT FOR PROPOSED ANNEXATION. 155 (H.B. 43.083. Sec. (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. December 1, 2017. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. (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. 293, Sec. This has been a common response of cities to urbanization in neighboring areas. Acts 2009, 81st Leg., R.S., Ch. (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. 2015-2017 Annexation Map. September 1, 2011. 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. unitary. 2.01, eff. Upon placement of the funds in the escrow account, the annexation may become effective. (8) Section 43.1055 (Road and Right-of-Way). 43.061. Galveston County Registration & Titling - Texas City Annex Texas City, Texas OFFICE DOES NOT HANDLE DRIVER LICENSE OR ID CARD TRANSACTIONS Address 2516 Texas Ave Texas City, TX 77592 Get Directions Phone (409) 766-2284 (877) 766-2284 Fax (409) 766-2479 Email galcotax@co.galveston.tx.us Hours Hours & availability may change. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. 12 0 obj Amended by Acts 1989, 71st Leg., ch. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. (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. 347), Sec. (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. 1900), Sec. Acts 2019, 86th Leg., R.S., Ch. 1064, Sec. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. Acts 2011, 82nd Leg., R.S., Ch. December 1, 2017. 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. The revenue refunding bonds and the general obligation 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) The governing bodies of a municipality and a district may negotiate and enter into a written strategic partnership agreement for the district by mutual consent. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. 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