(a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. September 1, 2011. 14, eff. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION. 43.905. (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. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. 1, eff. Sec. (n-1) At the conclusion of the term of an agreement between a municipality and a district under Subsection (n), the district and the municipality may extend the agreement for a period not to exceed 10 years. December 1, 2017. June 17, 1997. So its probably a bug. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. Amended by Acts 1999, 76th Leg., ch. 43.136. 1012), Sec. 6 (S.B. 40, eff. (f) Chapter 277, Election Code, applies to a petition under this section. 1900), Sec. (2) the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality. Sec. (2) is adjacent to the road and right-of-way. TITLE 2. (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. Sept. 1, 1989. A written agreement to waive the municipality's obligation to annex the area for full purposes binds all future owners of land annexed for limited purposes pursuant to that waiver. Amended by Acts 1991, 72nd Leg., ch. 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. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. (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. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. (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. (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. Immediately after the filing of the petition, the secretary shall present it to the governing body. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. 43, eff. Acts 2017, 85th Leg., 1st C.S., 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. 4257), Sec. May 24, 2019. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. The municipality may perform all other municipal functions that the municipality is authorized to perform and that the district is not engaged in performing nor authorized to perform. 37, eff. Revenue refunding bonds or general obligation refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. Acts 2017, 85th Leg., 1st C.S., Ch. 1339, Sec. Sec. SUBCHAPTER C-5. (a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall: (1) provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998; or. (3) a part of a special utility district created or operating under Chapter 65, Water Code. 1468), Sec. Acts 2019, 86th Leg., R.S., Ch. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. December 1, 2017. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. Acts 2017, 85th Leg., 1st C.S., Ch. (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. View information and documents regarding current or recent annexations. 43.004. December 1, 2017. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. Sec. 43.1056. 160A- 31 (b1) (requiring 51% households in a distressed area.) 1339, Sec. The contract may not impair the obligation of another contract of the municipality or district. Added by Acts 2021, 87th Leg., R.S., Ch. If an area is disannexed, the area may not be annexed again by the municipality for five years. AUTHORITY OF POPULOUS HOME-RULE MUNICIPALITIES TO ANNEX FOR LIMITED PURPOSES; OTHER AUTHORITY NOT AFFECTED. December 1, 2017. Annexation reform passed and was signed into law by Gov. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. (5) "Regional participation agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. (m) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government in a designated area of the district and if, on the date of the election approving the form of local government, the district owes any debts, by bond or otherwise, the designated area is not released from its pro rata share of the indebtedness. Sec. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. 43.016. On the annexation of all of the area of the district, the municipality may refund, in whole or in part, any outstanding bonded indebtedness and may provide for a sufficient sinking fund to meet any refunding bonds issued. 155 (H.B. 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. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . PROVISION OF SERVICES TO ANNEXED AREA. 6 (S.B. 103 (S.B. Except to the extent it is inconsistent with this section, Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of the sales and use tax. 16, eff. 43.0761. (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. 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. Aug. 28, 1989. 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. (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. 3(d), eff. 6), Sec. 1, eff. (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. - To Annex the Other Side - Randle Law Office | (281) 657-2000 Texas annexation laws underwent a major overhaul in 2019, a subject our firm addressed in a prior blog post. 1, Sec. 1, eff. 6 (S.B. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. (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. 43.052. Acts 2007, 80th Leg., R.S., Ch. (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. 347), Sec. 1163 (H.B. 1, eff. NOTICE OF PROPOSED ANNEXATION. 1.06, eff. Added by Acts 2001, 77th Leg., ch. Acts 1987, 70th Leg., ch. September 1, 2009. (a) Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed. 6), Sec. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. 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) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). MAP REQUIREMENT FOR PROPOSED ANNEXATION. (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. Sept. 1, 2003. 55(a), eff. 1, Sec. An annexed city is made when an occupied city is annexed by building the "Annex City" building. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. 43.073. 6 (S.B. Sec. 1303), Sec. Mazey. endobj June 10, 2019. Sec. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 43.079. Added by Acts 1989, 71st Leg., ch. 664, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (l) An agreement or a decision made under this section and an action taken under the agreement by the parties to the agreement are not subject to approval or an appeal brought under the Water Code unless it is an appeal of a utility rate charged by a municipality to customers outside the corporate boundaries of the municipality. 77Th Leg., R.S., Ch ) the municipality may not proceed with annexation. Requires the following procedure: the property owner presents the Planning a special district... 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