Texas 2015 - 84th Regular

Texas House Bill HB2221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23951 E
2	2	By: Huberty, Larson, Kacal, Harless H.B. No. 2221
3	3	Substitute the following for H.B. No. 2221:
4	4	By: Deshotel C.S.H.B. No. 2221
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for municipal annexations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 43, Local Government Code,
12	12	is amended by adding Section 43.003 to read as follows:
13	13	Sec. 43.003. LIMITED PURPOSE ANNEXATION PROHIBITED. (a)
14	14	Beginning September 1, 2015, a municipality may not annex an area
15	15	for the limited purposes of applying its planning, zoning, health,
16	16	and safety ordinances in the area.
17	17	(b) This section supersedes any municipal charter provision
18	18	that conflicts with this section.
19	19	SECTION 2. Section 43.051, Local Government Code, is
20	20	transferred to Subchapter B, Chapter 43, Local Government Code,
21	21	redesignated as Section 43.0211, Local Government Code, and amended
22	22	to read as follows:
23	23	Sec. 43.0211 [43.051]. AUTHORITY TO ANNEX LIMITED TO
24	24	EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
25	25	in the municipality's [its] extraterritorial jurisdiction unless
26	26	the municipality owns the area.
27	27	SECTION 3. Subchapter B, Chapter 43, Local Government Code,
28	28	is amended by adding Sections 43.0212 and 43.0213 to read as
29	29	follows:
30	30	Sec. 43.0212. AUTHORITY TO ANNEX NONCONTIGUOUS AREAS. A
31	31	municipality may annex an area that is noncontiguous to the
32	32	boundaries of the municipality if the area is in the municipality's
33	33	extraterritorial jurisdiction.
34	34	Sec. 43.0213. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON
35	35	REQUEST OF OWNERS. (a) A municipality may annex an area if each
36	36	owner of land in the area requests the annexation.
37	37	(b) If a municipality elects to annex an area under this
38	38	section, the governing body of the municipality must first
39	39	negotiate and enter into a written agreement for the provision of
40	40	services in the area with the owners of land in the area. The
41	41	municipality is not required to provide a service that is not
42	42	included in the agreement.
43	43	(c) Before a municipality may annex an area under this
44	44	section, the governing body of the municipality must conduct at
45	45	least two public hearings. The hearings must be conducted not less
46	46	than 10 business days apart. During the first public hearing, the
47	47	governing body must provide persons interested in the annexation
48	48	the opportunity to be heard. During the final public hearing, the
49	49	governing body may adopt an ordinance annexing the area.
50	50	SECTION 4. The heading to Subchapter C, Chapter 43, Local
51	51	Government Code, is amended to read as follows:
52	52	SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200
53	53	[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]
54	54	SECTION 5. Subchapter C, Chapter 43, Local Government Code,
55	55	is amended by adding Sections 43.0511 through 43.0517 to read as
56	56	follows:
57	57	Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex
58	58	an area with a population of less than 200 only if the municipality
59	59	obtains consent to annex the area through a petition signed by:
60	60	(1) more than 50 percent of the registered voters of
61	61	the area; and
62	62	(2) if the registered voters of the area do not own
63	63	more than 50 percent of the land in the area, more than 50 percent of
64	64	the owners of land in the area.
65	65	Sec. 43.0512. RESOLUTION. The governing body of the
66	66	municipality that proposes to annex an area under this subchapter
67	67	must adopt a resolution that includes:
68	68	(1) a statement of the municipality's intent to annex
69	69	the area;
70	70	(2) a detailed description and map of the area to be
71	71	annexed; and
72	72	(3) a description of the services to be provided by the
73	73	municipality in the area after the annexation, including, as
74	74	applicable:
75	75	(A) police protection;
76	76	(B) fire protection;
77	77	(C) emergency medical services;
78	78	(D) solid waste collection;
79	79	(E) operation and maintenance of water and
80	80	wastewater facilities in the annexed area;
81	81	(F) operation and maintenance of roads and
82	82	streets, including road and street lighting;
83	83	(G) operation and maintenance of parks,
84	84	playgrounds, and swimming pools; and
85	85	(H) operation and maintenance of any other
86	86	publicly owned facility, building, or service.
87	87	Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later
88	88	than the seventh day after the date the governing body of the
89	89	municipality adopts the resolution under Section 43.0512, the
90	90	municipality must mail to each resident in the area notification of
91	91	the proposed annexation that includes:
92	92	(1) notice of the public hearing required by Section
93	93	43.0514;
94	94	(2) an explanation of the 60-day petition period
95	95	described by Section 43.0515; and
96	96	(3) a description of services to be provided by the
97	97	municipality in the area after the annexation.
98	98	Sec. 43.0514. INITIAL PUBLIC HEARING. The governing body
99	99	of a municipality must conduct at least one public hearing not
100	100	earlier than the 21st day and not later than the 30th day after the
101	101	date the governing body adopts the resolution under Section
102	102	43.0512.
103	103	Sec. 43.0515. PETITION. (a) The petition required by
104	104	Section 43.0511 may be signed only by a registered voter of the area
105	105	or an owner of land in the area. The petition must provide for the
106	106	person signing to state whether the person is signing as a
107	107	registered voter of the area, as an owner of land in the area, or as
108	108	both.
109	109	(b) The municipality may collect signatures on the petition
110	110	only during the period beginning on the 31st day after the date the
111	111	governing body of the municipality adopts the resolution under
112	112	Section 43.0512 and ending on the 90th day after the date the
113	113	resolution is adopted.
114	114	(c) The petition must clearly state that a person signing
115	115	the petition is consenting to the proposed annexation.
116	116	(d) The petition must include a map of and describe the area
117	117	proposed to be annexed.
118	118	(e) The municipality must collect petition signatures in
119	119	person, except that the municipality may provide for an owner of
120	120	land in the area that is not a resident of the area to sign the
121	121	petition electronically.
122	122	(f) Chapter 277, Election Code, applies to a petition under
123	123	this section.
124	124	Sec. 43.0516. RESULTS OF PETITION. (a) When the petition
125	125	period prescribed by Section 43.0515 ends, the petition shall be
126	126	verified by the municipal secretary or other person responsible for
127	127	verifying signatures. The municipality must notify the residents
128	128	of the area proposed to be annexed of the results of the petition.
129	129	(b) If the municipality does not obtain the number of
130	130	signatures on the petition required to annex the area, the
131	131	municipality may not annex the area and may not adopt another
132	132	resolution under Section 43.0512 to annex the same area until the
133	133	first anniversary of the date the petition period ended.
134	134	(c) If the municipality obtains the number of signatures on
135	135	the petition required to annex the area, the municipality may annex
136	136	the area after:
137	137	(1) providing notice under Subsection (a);
138	138	(2) holding a public hearing at which members of the
139	139	public are given an opportunity to be heard; and
140	140	(3) holding a final hearing not earlier than the 10th
141	141	day after the date of the public hearing under Subdivision (2) at
142	142	which the ordinance annexing the area may be adopted.
143	143	Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
144	144	PETITION. Notwithstanding Section 43.0516, a municipality may not
145	145	annex an area under this subchapter without approval of a majority
146	146	of the voters voting at an election called and held for that purpose
147	147	if a petition protesting the annexation is signed by a number of
148	148	registered voters of the municipality equal to at least 50 percent
149	149	of the number of voters who voted in the most recent municipal
150	150	election and is received by the secretary of the municipality
151	151	before the date the petition period prescribed by Section 43.0515
152	152	ends.
153	153	SECTION 6. The heading to Subchapter C-1, Chapter 43, Local
154	154	Government Code, is amended to read as follows:
155	155	SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST
156	156	200 [PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]
157	157	SECTION 7. Subchapter C-1, Chapter 43, Local Government
158	158	Code, is amended by adding Sections 43.0611 through 43.0618 to read
159	159	as follows:
160	160	Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex
161	161	an area with a population of 200 or more only if the following
162	162	conditions are met, as applicable:
163	163	(1) the municipality holds an election in the area
164	164	proposed to be annexed at which the qualified voters of the area may
165	165	vote on the question of the annexation, and a majority of the votes
166	166	received at the election approve the annexation; and
167	167	(2) if the registered voters of the area do not own
168	168	more than 50 percent of the land in the area, the municipality
169	169	obtains consent to annex the area through a petition signed by more
170	170	than 50 percent of the owners of land in the area.
171	171	Sec. 43.0612. RESOLUTION. The governing body of the
172	172	municipality that proposes to annex an area under this subchapter
173	173	must adopt a resolution that includes:
174	174	(1) a statement of the municipality's intent to annex
175	175	the area;
176	176	(2) a detailed description and map of the area to be
177	177	annexed; and
178	178	(3) a description of the services to be provided by the
179	179	municipality in the area after the annexation, including, as
180	180	applicable:
181	181	(A) police protection;
182	182	(B) fire protection;
183	183	(C) emergency medical services;
184	184	(D) solid waste collection;
185	185	(E) operation and maintenance of water and
186	186	wastewater facilities in the annexed area;
187	187	(F) operation and maintenance of roads and
188	188	streets, including road and street lighting;
189	189	(G) operation and maintenance of parks,
190	190	playgrounds, and swimming pools; and
191	191	(H) operation and maintenance of any other
192	192	publicly owned facility, building, or service.
193	193	Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later
194	194	than the seventh day after the date the governing body of the
195	195	municipality adopts the resolution under Section 43.0612, the
196	196	municipality must mail to each property owner in the area
197	197	notification of the proposed annexation that includes:
198	198	(1) notice of the public hearing required by Section
199	199	43.0614;
200	200	(2) notice that an election on the question of
201	201	annexing the area will be held; and
202	202	(3) a description of services to be provided by the
203	203	municipality in the area after the annexation.
204	204	Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of a
205	205	municipality must conduct at least one public hearing not earlier
206	206	than the 21st day and not later than the 30th day after the date the
207	207	governing body adopts the resolution under Section 43.0612.
208	208	(b) The governing body must conduct an additional public
209	209	hearing not earlier than the 31st day and not later than the 90th
210	210	day after the date the governing body adopts a resolution under
211	211	Section 43.0612.
212	212	Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
213	213	AREAS. (a) If the registered voters in the area to be annexed do
214	214	not own more than 50 percent of the land in the area, the
215	215	municipality must obtain consent to the annexation through a
216	216	petition signed by more than 50 percent of the owners of land in the
217	217	area in addition to the election required by this subchapter.
218	218	(b) The municipality must obtain the consent required by
219	219	this section through the petition process prescribed by Section
220	220	43.0515, and the petition must be verified in the manner provided by
221	221	Section 43.0516(a).
222	222	Sec. 43.0616. ELECTION. (a) A municipality shall order an
223	223	election on the question of annexing an area to be held on the first
224	224	uniform election date that falls on or after:
225	225	(1) the 90th day after the date the governing body of
226	226	the municipality adopts the resolution under Section 43.0612; or
227	227	(2) if the consent of the owners of land in the area is
228	228	required under Section 43.0615, the 78th day after the date the
229	229	petition period to obtain that consent ends.
230	230	(b) An election under this section shall be held in the same
231	231	manner as general elections of the municipality. The municipality
232	232	shall pay for the costs of holding the election.
233	233	(c) A municipality that holds an election under this section
234	234	may not hold another election on the question of annexation before
235	235	the corresponding uniform election date of the following year.
236	236	Sec. 43.0617. RESULTS OF ELECTION AND PETITION. (a)
237	237	Following an election held under this subchapter, the municipality
238	238	must notify the residents of the area proposed to be annexed of the
239	239	results of the election and, if applicable, of the petition
240	240	required by Section 43.0615.
241	241	(b) If at the election held under this subchapter a majority
242	242	of qualified voters do not approve the proposed annexation, or if
243	243	the municipality is required to petition owners of land in the area
244	244	under Section 43.0615 and does not obtain the required number of
245	245	signatures, the municipality may not annex the area and may not
246	246	adopt another resolution under Section 43.0612 to annex the same
247	247	area until the first anniversary of the date of the adoption of the
248	248	resolution.
249	249	(c) If at the election held under this subchapter a majority
250	250	of qualified voters approve the proposed annexation, and if the
251	251	municipality, as applicable, obtains the required number of
252	252	petition signatures under Section 43.0615, the municipality may
253	253	annex the area after:
254	254	(1) providing notice under Subsection (a);
255	255	(2) holding a public hearing at which members of the
256	256	public are given an opportunity to be heard; and
257	257	(3) holding a final hearing not earlier than the 10th
258	258	day after the date of the public hearing under Subdivision (2) at
259	259	which the ordinance annexing the area may be adopted.
260	260	Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
261	261	PETITION. Notwithstanding Section 43.0617, a municipality may not
262	262	annex an area under this subchapter without approval of a majority
263	263	of the voters voting at an election called and held for that purpose
264	264	if a petition protesting the annexation is signed by a number of
265	265	registered voters of the municipality equal to at least 50 percent
266	266	of the number of voters who voted in the most recent municipal
267	267	election and is received by the secretary of the municipality
268	268	before the date the election required by this subchapter is held.
269	269	SECTION 8. Section 43.071(e), Local Government Code, is
270	270	amended to read as follows:
271	271	(e) Subsections (b) and (c) [(b)-(d)] do not apply to the
272	272	annexation of:
273	273	(1) an area within a water or sewer district if:
274	274	(A) the governing body of the district consents
275	275	to the annexation;
276	276	(B) the owners in fee simple of the area to be
277	277	annexed consent to the annexation; and
278	278	(C) the annexed area does not exceed 525 feet in
279	279	width at its widest point;
280	280	(2) a water or sewer district that has a noncontiguous
281	281	part that is not within the extraterritorial jurisdiction of the
282	282	municipality; or
283	283	(3) a part of a special utility district created or
284	284	operating under Chapter 65, Water Code.
285	285	SECTION 9. Section 43.0715(c), Local Government Code, is
286	286	amended to read as follows:
287	287	(c) At the time notice of the municipality's intent to annex
288	288	the land within the district is first published [in accordance with
289	289	Section 43.052], the municipality shall proceed to initiate and
290	290	complete a report for each developer conducted in accordance with
291	291	the format approved by the Texas [Natural Resource Conservation]
292	292	Commission on Environmental Quality for audits. In the event the
293	293	municipality is unable to complete the report prior to the
294	294	effective date of the annexation as a result of the developer's
295	295	failure to provide information to the municipality which cannot be
296	296	obtained from other sources, the municipality shall obtain from the
297	297	district the estimated costs of each project previously undertaken
298	298	by a developer which are eligible for reimbursement. The amount of
299	299	such costs, as estimated by the district, shall be escrowed by the
300	300	municipality for the benefit of the persons entitled to receive
301	301	payment in an insured interest-bearing account with a financial
302	302	institution authorized to do business in the state. To compensate
303	303	the developer for the municipality's use of the infrastructure
304	304	facilities pending the determination of the reimbursement amount or
305	305	federal preclearance, all interest accrued on the escrowed funds
306	306	shall be paid to the developer whether or not the annexation is
307	307	valid. Upon placement of the funds in the escrow account, the
308	308	annexation may become effective. In the event a municipality
309	309	timely escrows all estimated reimbursable amounts as required by
310	310	this subsection and all such amounts, determined to be owed,
311	311	including interest, are subsequently disbursed to the developer
312	312	within five days of final determination in immediately available
313	313	funds as required by this section, no penalties or interest shall
314	314	accrue during the pendency of the escrow. Either the municipality
315	315	or developer may, by written notice to the other party, require
316	316	disputes regarding the amount owed under this section to be subject
317	317	to nonbinding arbitration in accordance with the rules of the
318	318	American Arbitration Association.
319	319	SECTION 10. Section 43.072(d), Local Government Code, is
320	320	amended to read as follows:
321	321	(d) Annexation of area under this section is exempt from the
322	322	provisions of this chapter that prohibit:
323	323	(1) a municipality from annexing area outside its
324	324	extraterritorial jurisdiction; or
325	325	(2) [annexation of area narrower than the minimum
326	326	width prescribed by Section 43.054; or
327	327	[(3)] reduction of the extraterritorial jurisdiction
328	328	of a municipality without the written consent of the municipality's
329	329	governing body.
330	330	SECTION 11. Section 43.0751, Local Government Code, is
331	331	amended by amending Subsections (b), (d), (e), (f), (g), (h), (j),
332	332	(k), (m), and (n) and adding Subsection (e-1) to read as follows:
333	333	(b) The governing bodies of a municipality and a district
334	334	may negotiate and enter into a written strategic partnership
335	335	agreement for the district by mutual consent. The governing body of
336	336	a municipality, on written request from a district located in the
337	337	municipality's extraterritorial jurisdiction [included in the
338	338	municipality's annexation plan under Section 43.052], may [shall]
339	339	negotiate and enter into a written strategic partnership agreement
340	340	with the district. [A district included in a municipality's
341	341	annexation plan under Section 43.052:
342	342	[(1) may not submit its written request before the
343	343	date of the second hearing required under Section 43.0561; and
344	344	[(2) must submit its written request before the 61st
345	345	day after the date of the second hearing required under Section
346	346	43.0561.]
347	347	(d) Before the governing body of a municipality or a
348	348	district adopts a strategic partnership agreement, it shall conduct
349	349	two public hearings at which members of the public who wish to
350	350	present testimony or evidence regarding the proposed agreement
351	351	shall be given the opportunity to do so. Notice of public hearings
352	352	conducted by the governing body of a municipality under this
353	353	subsection shall be published in a newspaper of general circulation
354	354	in the municipality and in the district[. The notice must be in the
355	355	format prescribed by Section 43.123(b)] and must be published at
356	356	least once on or after the 20th day before the [each] date of each
357	357	hearing. The notice may not be smaller than one-quarter page of a
358	358	standard-size or tabloid-size newspaper, and the headline on the
359	359	notice must be in 18-point or larger type. Notice of public
360	360	hearings conducted by the governing body of a district under this
361	361	subsection shall be given in accordance with the district's
362	362	notification procedures for other matters of public importance.
363	363	Any notice of a public hearing conducted under this subsection
364	364	shall contain a statement of the purpose of the hearing, the date,
365	365	time, and place of the hearing, and the location where copies of the
366	366	proposed agreement may be obtained prior to the hearing. The
367	367	governing bodies of a municipality and a district may conduct joint
368	368	public hearings under this subsection, provided that at least one
369	369	public hearing is conducted within the district.
370	370	(e) [The governing body of a municipality may not annex a
371	371	district for limited purposes under this section or under the
372	372	provisions of Subchapter F until it has adopted a strategic
373	373	partnership agreement with the district.] The governing body of a
374	374	municipality may not adopt a strategic partnership agreement before
375	375	the agreement has been adopted by the governing body of the affected
376	376	district.
377	377	(e-1) Beginning September 1, 2015, a strategic partnership
378	378	agreement may not provide for limited purpose annexation.
379	379	(f) A strategic partnership agreement may provide for the
380	380	following:
381	381	(1) [limited-purpose annexation of the district on
382	382	terms acceptable to the municipality and the district provided that
383	383	the district shall continue in existence during the period of
384	384	limited-purpose annexation;
385	385	[(2) limited-purpose annexation of a district located
386	386	in a county with a population of more than 3.3 million:
387	387	[(A) only if the municipality does not require
388	388	services, permits, or inspections or impose fees for services,
389	389	permits, or inspections within the district; and
390	390	[(B) provided that this subsection does not
391	391	prevent the municipality from providing services within the
392	392	district if:
393	393	[(i) the provision of services is specified
394	394	and agreed to in the agreement;
395	395	[(ii) the provision of services is not
396	396	solely the result of a regulatory plan adopted by the municipality
397	397	in connection with the limited-purpose annexation of the district;
398	398	and
399	399	[(iii) the district has obtained the
400	400	authorization of the governmental entity currently providing the
401	401	service;
402	402	[(3)] payments by the municipality to the district for
403	403	services provided by the district;
404	404	(2) [(4)] annexation of any commercial property in a
405	405	district [for full purposes] by the municipality, notwithstanding
406	406	any other provision of this code or the Water Code, except for the
407	407	obligation of the municipality to provide, directly or through
408	408	agreement with other units of government, full provision of
409	409	municipal services to annexed territory, in lieu of any annexation
410	410	of residential property or payment of any fee on residential
411	411	property in lieu of annexation of residential property in the
412	412	district authorized by this subsection;
413	413	(3) an [(5) a full-purpose] annexation provision on
414	414	terms acceptable to the municipality and the district;
415	415	(4) [(6)] conversion of the district to a limited
416	416	district including some or all of the land included within the
417	417	boundaries of the district, which conversion shall be effective on
418	418	the [full-purpose] annexation conversion date established under
419	419	Subdivision (3) [(5)];
420	420	(5) [(7)] agreements existing between districts and
421	421	governmental bodies and private providers of municipal services in
422	422	existence on the date a municipality evidences its intention by
423	423	adopting a resolution to negotiate for a strategic partnership
424	424	agreement with the district shall be continued and provision made
425	425	for modifications to such existing agreements; and
426	426	(6) [(8)] such other lawful terms that the parties
427	427	consider appropriate.
428	428	(g) A strategic partnership agreement that provides for the
429	429	creation of a limited district under Subsection (f)(4) [(f)(6)]
430	430	shall include provisions setting forth the following:
431	431	(1) the boundaries of the limited district;
432	432	(2) the functions of the limited district and the term
433	433	during which the limited district shall exist after [full-purpose]
434	434	annexation, which term may be renewed successively by the governing
435	435	body of the municipality, provided that no such original or renewed
436	436	term shall exceed 10 years;
437	437	(3) the name by which the limited district shall be
438	438	known; and
439	439	(4) the procedure by which the limited district may be
440	440	dissolved prior to the expiration of any term established under
441	441	Subdivision (2).
442	442	(h) On the [full-purpose] annexation conversion date set
443	443	forth in the strategic partnership agreement pursuant to Subsection
444	444	(f)(3) [(f)(5)(A)], the land included within the boundaries of the
445	445	district shall be deemed to be within the [full-purpose] boundary
446	446	limits of the municipality without the need for further action by
447	447	the governing body of the municipality. The [full-purpose]
448	448	annexation conversion date established by a strategic partnership
449	449	agreement may be altered only by mutual agreement of the district
450	450	and the municipality. However, nothing herein shall prevent the
451	451	municipality from terminating the agreement and instituting
452	452	proceedings to annex the district, on request by the governing body
453	453	of the district, on any date prior to the [full-purpose] annexation
454	454	conversion date established by the strategic partnership
455	455	agreement. [Land annexed for limited or full purposes under this
456	456	section shall not be included in calculations prescribed by Section
457	457	43.055(a).]
458	458	(j) Except as limited by this section or the terms of a
459	459	strategic partnership agreement, a district that has been annexed
460	460	for limited purposes by a municipality before September 1, 2015,
461	461	and a limited district shall have and may exercise all functions,
462	462	powers, and authority otherwise vested in a district.
463	463	(k) A municipality that has annexed all or part of a
464	464	district for limited purposes under this section before September
465	465	1, 2015, may impose a sales and use tax within the boundaries of the
466	466	part of the district that is annexed for limited purposes. Except
467	467	to the extent it is inconsistent with this section, Chapter 321, Tax
468	468	Code, governs the imposition, computation, administration,
469	469	governance, and abolition of the sales and use tax.
470	470	(m) A municipality that has annexed [may annex] a district
471	471	for limited purposes to implement a strategic partnership agreement
472	472	under this section before September 1, 2015, shall not annex for
473	473	full purposes any territory within a district created pursuant to a
474	474	consent agreement with that municipality executed before August 27,
475	475	1979. The prohibition on annexation established by this subsection
476	476	shall expire on September 1, 1997, or on the date on or before which
477	477	the municipality and any district may have separately agreed that
478	478	annexation would not take place whichever is later.
479	479	(n) This subsection applies only to a municipality any
480	480	portion of which is located in a county that has a population of not
481	481	less than 285,000 and not more than 300,000 and that borders the
482	482	Gulf of Mexico and is adjacent to a county with a population of more
483	483	than 3.3 million. A municipality may impose within the boundaries
484	484	of a district a municipal sales and use tax authorized by Chapter
485	485	321, Tax Code, or a municipal hotel occupancy tax authorized by
486	486	Chapter 351, Tax Code, that is imposed in the municipality if:
487	487	(1) the municipality has annexed the district for
488	488	limited purposes under this section before September 1, 2015; or
489	489	(2) following two public hearings on the matter, the
490	490	municipality and the district enter a written agreement providing
491	491	for the imposition of the tax or taxes.
492	492	SECTION 12. Subchapter D, Chapter 43, Local Government
493	493	Code, is amended by adding Section 43.07512 to read as follows:
494	494	Sec. 43.07512. LIMITED PURPOSE ANNEXATION OF ANY SPECIAL
495	495	DISTRICT PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT. (a) In
496	496	this section, "special district" means a political subdivision of
497	497	this state with a limited geographic area created by local law or
498	498	under general law for a special purpose.
499	499	(b) Notwithstanding any other general or local law, a
500	500	strategic partnership agreement entered into on or after September
501	501	1, 2015, may not provide for the limited purpose annexation of all
502	502	or part of a special district.
503	503	SECTION 13. Section 43.07515(a), Local Government Code, is
504	504	amended to read as follows:
505	505	(a) A municipality may not regulate under Section 43.0751
506	506	[or 43.0752] the sale, use, storage, or transportation of fireworks
507	507	outside of the municipality's boundaries.
508	508	SECTION 14. Section 43.102(d), Local Government Code, is
509	509	amended to read as follows:
510	510	(d) The municipality may annex the area even if the area is
511	511	outside the municipality's extraterritorial jurisdiction or [,] is
512	512	in another municipality's extraterritorial jurisdiction[, or is
513	513	narrower than the minimum width prescribed by Section 43.054.
514	514	Section 43.055, which relates to the amount of area a municipality
515	515	may annex in a calendar year, does not apply to the annexation].
516	516	SECTION 15. Section 43.1025(c), Local Government Code, is
517	517	amended to read as follows:
518	518	(c) Annexation of the [The] area described by Subsection (b)
519	519	[may be annexed without the consent of the owners or residents of
520	520	the area, but the annexation] may not occur unless each
521	521	municipality in whose extraterritorial jurisdiction the area may be
522	522	located:
523	523	(1) consents to the annexation; and
524	524	(2) reduces its extraterritorial jurisdiction over
525	525	the area as provided by Section 42.023.
526	526	SECTION 16. Subchapter F, Chapter 43, Local Government
527	527	Code, is amended by adding Section 43.1211 to read as follows:
528	528	Sec. 43.1211. APPLICABILITY. This subchapter applies to an
529	529	area that was annexed for a limited purpose as authorized before
530	530	September 1, 2015.
531	531	SECTION 17. Section 43.127(a), Local Government Code, is
532	532	amended to read as follows:
533	533	(a) On [Except as provided by Section 43.123(e), on] or
534	534	before the date prescribed by the regulatory plan prepared for the
535	535	limited purpose area [under Section 43.123(d)(2)], the
536	536	municipality must annex the area for full purposes. [This
537	537	requirement may be waived and the date for full-purpose annexation
538	538	postponed by written agreement between the municipality and a
539	539	majority of the affected landowners. A written agreement to waive
540	540	the municipality's obligation to annex the area for full purposes
541	541	binds all future owners of land annexed for limited purposes
542	542	pursuant to that waiver.]
543	543	SECTION 18. Sections 43.141(a) and (b), Local Government
544	544	Code, are amended to read as follows:
545	545	(a) A majority of the qualified voters of an annexed area
546	546	may petition the governing body of the municipality to disannex the
547	547	area if the municipality fails or refuses to provide services or to
548	548	cause services to be provided to the area [within the period
549	549	specified by Section 43.056 or by the service plan prepared for the
550	550	area under that section].
551	551	(b) If the governing body fails or refuses to disannex the
552	552	area within 60 days after the date of the receipt of the petition,
553	553	any one or more of the signers of the petition may bring a cause of
554	554	action in a district court of the county in which the area is
555	555	principally located to request that the area be disannexed. On the
556	556	filing of an answer by the governing body, and on application of
557	557	either party, the case shall be advanced and heard without further
558	558	delay in accordance with the Texas Rules of Civil Procedure. The
559	559	district court shall enter an order disannexing the area if the
560	560	court finds that a valid petition was filed with the municipality
561	561	and that the municipality failed to perform [its obligations in
562	562	accordance with the service plan or failed to perform] in good
563	563	faith.
564	564	SECTION 19. Section 43.201(2), Local Government Code, is
565	565	amended to read as follows:
566	566	(2) "Limited-purpose annexation" means annexation
567	567	authorized under former Section 43.121, as that section existed on
568	568	January 1, 2015.
569	569	SECTION 20. Section 43.203(a), Local Government Code, is
570	570	amended to read as follows:
571	571	(a) This section applies only to the [The] governing body of
572	572	a district that by resolution petitioned [may petition] a
573	573	municipality to alter the annexation status of land in the district
574	574	from full-purpose annexation to limited-purpose annexation and
575	575	before September 1, 2015:
576	576	(1) entered into an agreement to alter the status of
577	577	annexation as provided by this section; or
578	578	(2) had its status automatically altered by operation
579	579	of Subsection (c).
580	580	SECTION 21. Section 43.905(a), Local Government Code, is
581	581	amended to read as follows:
582	582	(a) A municipality that proposes to annex an area shall
583	583	provide written notice of the proposed annexation to each public
584	584	school district located in the area proposed for annexation within
585	585	the period prescribed for publishing the notice of the first
586	586	hearing under Section 43.0213, 43.0514, [43.0561] or 43.0614
587	587	[43.063], as applicable.
588	588	SECTION 22. Section 775.0754(d), Health and Safety Code, is
589	589	amended to read as follows:
590	590	(d) A municipality that enters into an agreement under this
591	591	section is not required to provide emergency services in that
592	592	annexed territory. To the extent of a conflict between this
593	593	subsection and [Section 43.056, Local Government Code, or] any
594	594	other law, this subsection controls.
595	595	SECTION 23. (a) Sections 42.0411, 43.021, 43.022, 43.023,
596	596	43.024, 43.025, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036,
597	597	43.052, 43.053, 43.054, 43.0545, 43.0546, 43.055, 43.056, 43.0561,
598	598	43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061,
599	599	43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c),
600	600	(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o) and (r),
601	601	43.0752, 43.101(c) and (d), 43.102(c), 43.1025(e) and (g), 43.103,
602	602	43.105, 43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129,
603	603	43.131, 43.132, and 43.147, Local Government Code, are repealed.
604	604	(b) Subchapter Y, Chapter 43, Local Government Code, is
605	605	repealed.
606	606	(c) Sections 8374.252(a), 8375.252(a), 8376.252(a),
607	607	8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a),
608	608	8385.252(a), and 8477.302(a), Special District Local Laws Code, are
609	609	repealed.
610	610	SECTION 24. The changes in law made by this Act do not apply
611	611	to an annexation for which the first hearing notice required by
612	612	former Section 43.0561 or 43.063, Local Government Code, as
613	613	applicable, was published before the effective date of this Act. An
614	614	annexation described by this section is governed by the law in
615	615	effect at the time the notice was published, and the former law is
616	616	continued in effect for that purpose.
617	617	SECTION 25. This Act takes effect September 1, 2015.