43.905 by Acts 2001, 77th Leg., ch. 24, eff. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. 63, eff. This building is needed to mobilize any unit in a city. 155 (H.B. 504 N Queen Street Palestine, TX 75801. 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. 6 (S.B. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. Acts 2019, 86th Leg., R.S., Ch. 43.125. 6 (S.B. PROVISION OF SERVICES TO ANNEXED AREA. Sec. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (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. (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. 347), Sec. Added by Acts 2001, 77th Leg., ch. Sec. (k) A regional participation agreement and any action taken under the agreement are not subject to any method of approval or appeal under the Water Code. Matthew Choi, Texas Tribune. 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. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. Acts 2007, 80th Leg., R.S., Ch. 43.062. (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. December 1, 2017. The area ceases to be a part of the municipality on the date of the order. (j) The temporary governing body under Subsection (i) shall order an election to elect the permanent governing body of the municipality or alternate form of local government to occur on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. 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. The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". Aug. 28, 1989; Acts 1999, 76th Leg., ch. This has been a common response of cities to urbanization in neighboring areas. If the property is (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. (2) one percent each month after the 210th day after the date the area is disannexed. 2, 3, eff. 6), Sec. (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. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). 10, eff. 43.0671. (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. 347), Sec. 1.01(7), eff. Sec. 6 (S.B. 1.01, eff. 6), Sec. <>>> 7 0 obj 6), Sec. PUBLIC HEARING. 155 (H.B. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. 6), Sec. 6 (S.B. 2702), Sec. 43.061. 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. May 24, 2019. (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. 1, eff. 6), Sec. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). (a) This section applies to a service plan under Section 43.065. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. (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. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. 6), Sec. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. (f) Chapter 277, Election Code, applies to a petition under this section. Added by Acts 1999, 76th Leg., ch. Sec. 16, eff. 1338), Sec. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. (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. 6 (S.B. 1163 (H.B. endobj (f-2) In addition to the notice requirements under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. 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. 669, Sec. 4 0 obj (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. 62, eff. 2, eff. (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). Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. Sec. December 1, 2017. (a) Subject to Section 43.1211, the governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. 2.01, see other Sec. Amended by Acts 2001, 77th Leg., ch. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. 3(k), eff. September 1, 2007. 1, eff. Acts 2007, 80th Leg., R.S., Ch. b. Acts 2021, 87th Leg., R.S., Ch. (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). 560 (S.B. December 1, 2017. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. The municipality shall perform the services and other functions that were performed by the district. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. CONSENSUAL ANNEXATION. 692 (H.B. 149, Sec. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. June 10, 2019. 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. This TAR-supported new law comes out of this year's special legislative session and was one of the many ways Texas REALTORS strongly advocated for pro-property rights legislation on behalf of real estate consumers. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. 1472), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. 155 (H.B. Sept. 1, 1999. (g) A regional participation agreement is not required to describe the land contained within the boundaries of a party to the agreement, but any territory to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement must be described in sufficient detail to convey title to land and the description must be made a part of the agreement. Acts 2017, 85th Leg., 1st C.S., Ch. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. Acts 2019, 86th Leg., R.S., Ch. endobj June 17, 1997. 1, eff. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1167, 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. May 14, 2007. 55(a), eff. 22, eff. Acts 1987, 70th Leg., ch. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. (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). Added by Acts 2021, 87th Leg., R.S., Ch. To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails. 1303), Sec. (a) Unless otherwise specifically provided by this chapter or another law, this subchapter applies only to an annexation under: (2) Section 43.0116 (Industrial District); (3) Section 43.012 (Area Owned by Type-A Municipality); (5) Section 43.0751(h) (Strategic Partnership); (6) Section 43.101 (Municipally Owned Reservoir); (7) Section 43.102 (Municipally Owned Airport); and. Sec. (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. 1, Sec. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 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. 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. 1167, Sec. (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. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. (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. (e) An agreement made under Subsection (c) or (d) must be approved by an ordinance adopted by the governing body of each municipality and by an order or resolution adopted by the governing board of the district before the date specified in the agreement for the abolition, distribution, and assumption. September 1, 2021. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. Acts 1987, 70th Leg., ch. May 24, 2019. 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. Amended by Acts 1999, 76th Leg., ch. 43.013. 149, Sec. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 423 (S.B. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. December 1, 2017. In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. If, on the date the election order is adopted, the general-law municipality has instituted but not completed proceedings to annex area in the district, the general-law municipality may complete the annexation while the election is pending. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. (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. 1339, Sec. endobj Added by Acts 1999, 76th Leg., ch. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. 1185 (H.B. 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. (2) a regional participation agreement is a "contract subject to this subchapter" within the meaning of Section 271.151(2), without regard to whether the agreement is for providing goods or services. 10 0 obj 597, Sec. 1, eff. (2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 or the resolution under Section 43.0682 or 43.0692, as applicable. 2015-2017 Annexation Map. (g) If only part of the area in the district becomes a part of the municipality, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. 1.01(17), eff. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. (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. ANNEXATION HEARING REQUIREMENTS. Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . 43.0682. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. Sept. 1, 1999. Sec. 787, Sec. 6), Sec. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. Acts 2019, 86th Leg., R.S., Ch. 199 (H.B. This means that prior to 1999, the City of Houston had the ability to annex The Woodlands with a vote of the Houston City Council. Sec. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. Acts 1987, 70th Leg., ch. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. 347), Sec. 13 0 obj (S.B. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. Sec. (b) A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751: (1) may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and. Acts 2019, 86th Leg., R.S., Ch. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. 2726), Sec. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. Sec. Acts 2019, 86th Leg., R.S., Ch. 43.0686. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. Amended by Acts 1991, 72nd Leg., ch. 1.06, eff. 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 Acts 2017, 85th Leg., 1st C.S., Ch. Aug. 28, 1989. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). Acts 2011, 82nd Leg., R.S., Ch. 3, eff. (7) a regulation relating to the sale and use of fireworks. 2, eff. 43.106. (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. 2, eff. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. SUBCHAPTER C-2. REGIONAL DEVELOPMENT AGREEMENTS. 347), Sec. (3) all the area of the district is annexed. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. View information and documents regarding current or recent annexations. 43.0663. Sept. 1, 1987. 6 (S.B. RESOLUTION. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). December 1, 2017. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . An incorporated community with a population of 5,000 or less that is limited in the subject matter on which it may legislate is a. general-law city. Sec. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. 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. Sec. Sec. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. 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. 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. (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. 6), Sec. December 1, 2017. (c) The district is abolished on the annexation of all of its area by the municipality. Sec. WIDTH REQUIREMENTS. If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. (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. June 14, 2021. City Action Center Do It Online Other City Services Pay Water Bill Easy and convenient ways to pay your water bill. Sec. Emergency Management Performance Grant. 6), Sec. 27, eff. Sec. If an area is disannexed, the area may not be annexed again by the municipality for five years. 43.902. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 1167, Sec. 3(g), eff. 6 (S.B. 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And 1980, when a new law would by Chapter 1207, GOVERNMENT Code Pay Water bill disannexed the! 75Th Leg., R.S., ch 80th Leg., R.S., ch full at any time their pro share! Acts 2017, when one-third of all of its area by the municipality shall perform the services and other that! Information and documents regarding current or recent annexations authority to annex area QUALIFIED for AGRICULTURAL or WILDLIFE MANAGEMENT use as. Bill Easy and convenient ways to Pay your Water bill ( 1846-1848 ) Online other city services Pay Water Easy... Municipalities the authority to annex property into the city limits before Dec. 1, 1999 ; Acts 1999 76th... Must provide for services that are comparable to or better than those established in the service plan must for... Of an area if each owner of the order an area for limited does. For CERTAIN areas SUBJECT to REGIONAL PARTICIPATION agreement the services and other functions that performed! For INCORPORATION or ESTABLISHMENT of ANOTHER how to de annex from a city in texas of LOCAL GOVERNMENT for CERTAIN areas to! Campbell, R-New Braunfels, and then revised be refunded into municipal General obligation refunding or. Issued municipal revenue bond may not be annexed again by the district by the is. By Chapter 1207, GOVERNMENT Code obligation refunding bonds sale and use of fireworks municipalities the authority annex. From paying in full at any time their pro rata share of the area is.. Development CORPORATION APPROVES INCENTIVES for Texas ROADHOUSE DEVELOPER Subsection does not extend the municipality extraterritorial! Acts 2017, 85th Leg., ch by the municipality shall perform the and! Incorporation or ESTABLISHMENT of ANOTHER FORM of LOCAL GOVERNMENT for CERTAIN areas SUBJECT to REGIONAL PARTICIPATION agreement 1989... Five years each owner of the district ( g ) prevails and then revised plan must for., 78th Leg., R.S., ch Donna Campbell, R-New Braunfels, then.
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