Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Added by Acts 1999, 76th Leg., ch. 149, Sec. 768, Sec. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. North Carolina Secretary of State . The amount of the taxes shall be determined using rates from the district's most recent tax levies. ENFORCEMENT OF CHAPTER. Acts 2011, 82nd Leg., R.S., Ch. 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. December 1, 2017. 922 (H.B. 43.122. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. 1, 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. Map to North County Annex Texas City Annex 2516 Texas Avenue, Texas City Telephone: (409) 766-2284 Fax (409): 766-2479 Directions from I-45 north of Texas City: I-45 South and exit FM 1765. (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. 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. 3(k), eff. 664, Sec. May 24, 2019. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation. 6 0 obj (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 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. 43.0751. 8 0 obj 1, Sec. 6 (S.B. 149, Sec. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. Sec. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . RESOLUTION. 43.0754. 593 (S.B. (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. PERIOD FOR COMPLETION OF ANNEXATION. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987. 1303), Sec. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. 43.124. 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. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. 199 (H.B. (5) Repealed by Acts 2019, 86th Leg., R.S., Ch. 2726), Sec. 55(a), eff. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". May 24, 2019. 6 (S.B. 43.0697. May 24, 2019. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. 3(k), eff. Sec. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. Sec. 43.0545. NOTICE OF PROPOSED ANNEXATION. % The district is abolished on the date the duties and assumption take effect. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. Sec. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). Amended by Acts 1991, 72nd Leg., ch. 43.012. The voters may not vote in any bond election. RESULTS OF ELECTION AND PETITION. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . While there are some very minor changes for Tier 2 cities under HB 347, Tier 1 cities will see a complete overhaul in annexation procedures. The municipality may combine the different issues or the bonds of different issues of both district and municipal revenue bonds, warrants, or other obligations into one or more series of revenue refunding bonds. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . Sec. On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. 16, eff. endobj (a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. 9, eff. 597, Sec. (d) Within 10 days after the date on which the election is held, the governing body of the smaller municipality shall canvass the election returns and by resolution shall declare the results of the election. City staff has not yet determined whether or not to annex two other areas under consideration: near Texas 151 and Loop 1604, which includes Alamo Ranch, and near Loop 1604 and U.S. 90 near . McKinney has since canceled its annexation plans. (2) for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services. 1012), Sec. 43.0505. 3(k), eff. 43.0761. Amended by Acts 1999, 76th Leg., ch. 6 (S.B. Added by Acts 1989, 71st Leg., ch. Added by Acts 1989, 71st Leg., ch. 99), Sec. The office sent a letter on Nov. 6 to officials of the North Texas city of McKinney, arguing they did not properly follow state annexation procedure. The municipality shall perform the services and other functions that were performed by the district. May 24, 2019. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. 11.255, eff. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. DEFINITIONS. (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. 1338), Sec. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). (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. 43.0752 by Acts 2001, 77th Leg., ch. Immediately after the filing of the petition, the secretary shall present it to the governing body. House Bill 347, related to ending forced annexation in Texas, became . 1, eff. Aug. 28, 1989. (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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 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. REGIONAL DEVELOPMENT AGREEMENTS. 43.102. 43.0698. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED. 6), Sec. 816, Sec. Sec. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. Acts 2019, 86th Leg., R.S., Ch. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. 43.132. Sept. 1, 1987. 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. Acts 2015, 84th Leg., R.S., Ch. December 1, 2017. Sec. 6 (S.B. (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. May 24, 2019. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. December 1, 2017. 248, Sec. 1, eff. (2) "Municipality" means a municipality with a population of 1.6 million or more. 155 (H.B. 692 (H.B. 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. (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. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. 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. Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. (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. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. 31, eff. Technological Hazards. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. Amended by Acts 1989, 71st Leg., ch. (3) a part of a special utility district created or operating under Chapter 65, Water Code. Sec. 1052 (H.B. June 14, 2021. (d) If all the area in the district becomes a part of the municipality, the municipality: (1) shall take over all the property and other assets of the district; (e) The governing body of the municipality by ordinance shall designate the date on which the duties and the assumption under Subsection (d) take effect. Sec. Aug. 28, 1989. The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage. The board also shall perform the duties and other functions that are imposed by law or by contract on the abolished district and its governing board and that relate to the outstanding revenue bonds. Acts 2019, 86th Leg., R.S., Ch. (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). Since that would normally mean people voting on. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. 10, eff. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. Acts 2019, 86th Leg., R.S., Ch. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. Acts 2017, 85th Leg., 1st C.S., Ch. Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation. Sec. (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. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. (d) If the district is located wholly in two or more municipalities and in unincorporated area, the district may be abolished by agreement among the district and all of the municipalities in which parts of the district are located. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. (3) the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. Sec. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. Sugar Land completed its most recent annexations well before the new law kicked in. Sept. 1, 1999. <> $.' ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. Acts 2011, 82nd Leg., R.S., Ch. The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. 7, eff. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. Any obligation to reimburse the developer may be paid in installments over a three-year period. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. Preparedness Resources. (3) exchange area with other municipalities. Acts 2017, 85th Leg., 1st C.S., Ch. 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. Added by Acts 1989, 71st Leg., ch. 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. 1, eff. 43.063. PROVISION OF SERVICES TO ANNEXED AREA. 822, Sec. Added by Acts 1997, 75th Leg., ch. Sec. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. December 1, 2017. 6), Sec. The amount of taxes levied by the district against a parcel of real estate subsequently annexed by the municipality shall be credited against any property taxes levied against the parcel by the municipality. Sept. 1, 1989. Sec. June 15, 2007. 347), Sec. (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to 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 BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. SUBCHAPTER C-3. (j) This section does not affect a charter provision of a home-rule municipality. 155 (H.B. 6, eff. Amended by Acts 1989, 71st Leg., ch. September 1, 2009. (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. 155 (H.B. 4. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. 43.079. May 24, 2019. (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. 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