Texas 2015 - 84th Regular

Texas Senate Bill SB1639 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Campbell, Burton S.B. No. 1639
2		-	(In the Senate - Filed March 13, 2015; March 23, 2015, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; May 11, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 5, Nays 1, 1
6		-	present not voting; May 11, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1639 By: Lucio
	1	+	By: Campbell, et al. S.B. No. 1639
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the procedures for municipal annexations.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subchapter A, Chapter 43, Local Government Code,
16	9		is amended by adding Section 43.003 to read as follows:
17		-	Sec. 43.003. LIMITED PURPOSE ANNEXATION PROHIBITED.
18		-	(a) Beginning September 1, 2015, a municipality may not annex an
19		-	area for the limited purposes of applying its planning, zoning,
20		-	health, and safety ordinances in the area.
	10	+	Sec. 43.003. LIMITED PURPOSE ANNEXATION GENERALLY
	11	+	PROHIBITED; EXCEPTION. (a) Except as provided by Section 43.0751,
	12	+	beginning September 1, 2015, a municipality may not annex an area
	13	+	for the limited purposes of applying its planning, zoning, health,
	14	+	and safety ordinances in the area.
21	15		(b) This section supersedes any municipal charter provision
22	16		that conflicts with this section.
23	17		SECTION 2. Section 43.051, Local Government Code, is
24	18		transferred to Subchapter B, Chapter 43, Local Government Code,
25	19		redesignated as Section 43.0211, Local Government Code, and amended
26	20		to read as follows:
27	21		Sec. 43.0211 [43.051]. AUTHORITY TO ANNEX LIMITED TO
28	22		EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
29	23		in the municipality's [its] extraterritorial jurisdiction unless
30	24		the municipality owns the area.
31	25		SECTION 3. Subchapter B, Chapter 43, Local Government Code,
32	26		is amended by adding Section 43.0212 to read as follows:
33	27		Sec. 43.0212. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON
34	28		REQUEST OF OWNERS. (a) A municipality may annex an area if each
35	29		owner of land in the area requests the annexation.
36	30		(b) If a municipality elects to annex an area under this
37	31		section, the governing body of the municipality must first
38	32		negotiate and enter into a written agreement for the provision of
39	33		services in the area with the owners of land in the area. The
40	34		municipality is not required to provide a service that is not
41	35		included in the agreement.
42	36		(c) Before a municipality may annex an area under this
43	37		section, the governing body of the municipality must conduct at
44	38		least two public hearings. The hearings must be conducted not less
45	39		than 10 business days apart. During the first public hearing, the
46	40		governing body must provide persons interested in the annexation
47	41		the opportunity to be heard. During the final public hearing, the
48	42		governing body may adopt an ordinance annexing the area.
49	43		SECTION 4. The heading to Subchapter C, Chapter 43, Local
50	44		Government Code, is amended to read as follows:
51	45		SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN
52	46		200 [PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]
53	47		SECTION 5. Subchapter C, Chapter 43, Local Government Code,
54	48		is amended by adding Sections 43.0511 through 43.0517 to read as
55	49		follows:
56	50		Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex
57	51		an area with a population of less than 200 only if the municipality
58	52		obtains consent to annex the area through a petition signed by:
59	53		(1) more than 50 percent of the registered voters of
60	54		the area; and
61	55		(2) if the registered voters of the area do not own
62	56		more than 50 percent of the land in the area, more than 50 percent of
63	57		the owners of land in the area.
64	58		Sec. 43.0512. RESOLUTION. The governing body of the
65	59		municipality that proposes to annex an area under this subchapter
66	60		must adopt a resolution that includes:
67	61		(1) a statement of the municipality's intent to annex
68	62		the area;
69	63		(2) a detailed description and map of the area to be
70	64		annexed; and
71	65		(3) a description of the services to be provided by the
72	66		municipality in the area after the annexation, including, as
73	67		applicable:
74	68		(A) police protection;
75	69		(B) fire protection;
76	70		(C) emergency medical services;
77	71		(D) solid waste collection;
78	72		(E) operation and maintenance of water and
79	73		wastewater facilities in the annexed area;
80	74		(F) operation and maintenance of roads and
81	75		streets, including road and street lighting;
82	76		(G) operation and maintenance of parks,
83	77		playgrounds, and swimming pools; and
84	78		(H) operation and maintenance of any other
85	79		publicly owned facility, building, or service.
86	80		Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later
87	81		than the seventh day after the date the governing body of the
88	82		municipality adopts the resolution under Section 43.0512, the
89	83		municipality must mail to each resident in the area notification of
90	84		the proposed annexation that includes:
91	85		(1) notice of the public hearing required by Section
92	86		43.0514;
93	87		(2) an explanation of the 60-day petition period
94	88		described by Section 43.0515; and
95	89		(3) a description of services to be provided by the
96	90		municipality in the area after the annexation.
97	91		Sec. 43.0514. INITIAL PUBLIC HEARING. The governing body
98	92		of a municipality must conduct at least one public hearing not
99	93		earlier than the 21st day and not later than the 30th day after the
100	94		date the governing body adopts the resolution under Section
101	95		43.0512.
102	96		Sec. 43.0515. PETITION. (a) The petition required by
103	97		Section 43.0511 may be signed only by a registered voter of the area
104	98		or an owner of land in the area. The petition must provide for the
105	99		person signing to state whether the person is signing as a
106	100		registered voter of the area, as an owner of land in the area, or as
107	101		both.
108	102		(b) The municipality may collect signatures on the petition
109	103		only during the period beginning on the 31st day after the date the
110	104		governing body of the municipality adopts the resolution under
111	105		Section 43.0512 and ending on the 90th day after the date the
112	106		resolution is adopted.
113	107		(c) The petition must clearly state that a person signing
114	108		the petition is consenting to the proposed annexation.
115	109		(d) The petition must include a map of and describe the area
116	110		proposed to be annexed.
117	111		(e) The municipality must collect petition signatures in
118	112		person, except that the municipality may provide for an owner of
119	113		land in the area that is not a resident of the area to sign the
120	114		petition electronically.
121	115		(f) Chapter 277, Election Code, applies to a petition under
122	116		this section.
123	117		Sec. 43.0516. RESULTS OF PETITION. (a) When the petition
124	118		period prescribed by Section 43.0515 ends, the petition shall be
125	119		verified by the municipal secretary or other person responsible for
126	120		verifying signatures. The municipality must notify the residents
127	121		of the area proposed to be annexed of the results of the petition.
128	122		(b) If the municipality does not obtain the number of
129	123		signatures on the petition required to annex the area, the
130	124		municipality may not annex the area and may not adopt another
131	125		resolution under Section 43.0512 to annex the same area until the
132	126		first anniversary of the date the petition period ended.
133	127		(c) If the municipality obtains the number of signatures on
134	128		the petition required to annex the area, the municipality may annex
135	129		the area after:
136	130		(1) providing notice under Subsection (a);
137	131		(2) holding a public hearing at which members of the
138	132		public are given an opportunity to be heard; and
139	133		(3) holding a final hearing not earlier than the 10th
140	134		day after the date of the public hearing under Subdivision (2) at
141	135		which the ordinance annexing the area may be adopted.
142	136		Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
143	137		PETITION. Notwithstanding Section 43.0516, a municipality may not
144	138		annex an area under this subchapter without approval of a majority
145	139		of the voters voting at an election called and held for that purpose
146	140		if a petition protesting the annexation is signed by a number of
147	141		registered voters of the municipality equal to at least 50 percent
148	142		of the number of voters who voted in the most recent municipal
149	143		election and is received by the secretary of the municipality
150	144		before the date the petition period prescribed by Section 43.0515
151	145		ends.
152	146		SECTION 6. The heading to Subchapter C-1, Chapter 43, Local
153	147		Government Code, is amended to read as follows:
154	148		SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST
155	149		200 [PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]
156	150		SECTION 7. Subchapter C-1, Chapter 43, Local Government
157	151		Code, is amended by adding Sections 43.0611 through 43.0618 to read
158	152		as follows:
159	153		Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex
160	154		an area with a population of 200 or more only if the following
161	155		conditions are met, as applicable:
162	156		(1) the municipality holds an election in the area
163	157		proposed to be annexed at which the qualified voters of the area may
164	158		vote on the question of the annexation, and a majority of the votes
165	159		received at the election approve the annexation; and
166	160		(2) if the registered voters of the area do not own
167	161		more than 50 percent of the land in the area, the municipality
168	162		obtains consent to annex the area through a petition signed by more
169	163		than 50 percent of the owners of land in the area.
170	164		Sec. 43.0612. RESOLUTION. The governing body of the
171	165		municipality that proposes to annex an area under this subchapter
172	166		must adopt a resolution that includes:
173	167		(1) a statement of the municipality's intent to annex
174	168		the area;
175	169		(2) a detailed description and map of the area to be
176	170		annexed; and
177	171		(3) a description of the services to be provided by the
178	172		municipality in the area after the annexation, including, as
179	173		applicable:
180	174		(A) police protection;
181	175		(B) fire protection;
182	176		(C) emergency medical services;
183	177		(D) solid waste collection;
184	178		(E) operation and maintenance of water and
185	179		wastewater facilities in the annexed area;
186	180		(F) operation and maintenance of roads and
187	181		streets, including road and street lighting;
188	182		(G) operation and maintenance of parks,
189	183		playgrounds, and swimming pools; and
190	184		(H) operation and maintenance of any other
191	185		publicly owned facility, building, or service.
192	186		Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later
193	187		than the seventh day after the date the governing body of the
194	188		municipality adopts the resolution under Section 43.0612, the
195	189		municipality must mail to each property owner in the area
196	190		notification of the proposed annexation that includes:
197	191		(1) notice of the public hearing required by Section
198	192		43.0614;
199	193		(2) notice that an election on the question of
200	194		annexing the area will be held; and
201	195		(3) a description of services to be provided by the
202	196		municipality in the area after the annexation.
203	197		Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of
204	198		a municipality must conduct at least one public hearing not earlier
205	199		than the 21st day and not later than the 30th day after the date the
206	200		governing body adopts the resolution under Section 43.0612.
207	201		(b) The governing body must conduct an additional public
208	202		hearing not earlier than the 31st day and not later than the 90th
209	203		day after the date the governing body adopts a resolution under
210	204		Section 43.0612.
211	205		Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
212	206		AREAS. (a) If the registered voters in the area to be annexed do
213	207		not own more than 50 percent of the land in the area, the
214	208		municipality must obtain consent to the annexation through a
215	209		petition signed by more than 50 percent of the owners of land in the
216	210		area in addition to the election required by this subchapter.
217	211		(b) The municipality must obtain the consent required by
218	212		this section through the petition process prescribed by Section
219	213		43.0515, and the petition must be verified in the manner provided by
220	214		Section 43.0516(a).
221	215		Sec. 43.0616. ELECTION. (a) A municipality shall order an
222	216		election on the question of annexing an area to be held on the first
223	217		uniform election date that falls on or after:
224	218		(1) the 90th day after the date the governing body of
225	219		the municipality adopts the resolution under Section 43.0612; or
226	220		(2) if the consent of the owners of land in the area is
227	221		required under Section 43.0615, the 78th day after the date the
228	222		petition period to obtain that consent ends.
229	223		(b) An election under this section shall be held in the same
230	224		manner as general elections of the municipality. The municipality
231	225		shall pay for the costs of holding the election.
232	226		(c) A municipality that holds an election under this section
233	227		may not hold another election on the question of annexation before
234	228		the corresponding uniform election date of the following year.
235	229		Sec. 43.0617. RESULTS OF ELECTION AND PETITION.
236	230		(a) Following an election held under this subchapter, the
237	231		municipality must notify the residents of the area proposed to be
238	232		annexed of the results of the election and, if applicable, of the
239	233		petition required by Section 43.0615.
240	234		(b) If at the election held under this subchapter a majority
241	235		of qualified voters do not approve the proposed annexation, or if
242	236		the municipality is required to petition owners of land in the area
243	237		under Section 43.0615 and does not obtain the required number of
244	238		signatures, the municipality may not annex the area and may not
245	239		adopt another resolution under Section 43.0612 to annex the same
246	240		area until the first anniversary of the date of the adoption of the
247	241		resolution.
248	242		(c) If at the election held under this subchapter a majority
249	243		of qualified voters approve the proposed annexation, and if the
250	244		municipality, as applicable, obtains the required number of
251	245		petition signatures under Section 43.0615, the municipality may
252	246		annex the area after:
253	247		(1) providing notice under Subsection (a);
254	248		(2) holding a public hearing at which members of the
255	249		public are given an opportunity to be heard; and
256	250		(3) holding a final hearing not earlier than the 10th
257	251		day after the date of the public hearing under Subdivision (2) at
258	252		which the ordinance annexing the area may be adopted.
259	253		Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
260	254		PETITION. Notwithstanding Section 43.0617, a municipality may not
261	255		annex an area under this subchapter without approval of a majority
262	256		of the voters voting at an election called and held for that purpose
263	257		if a petition protesting the annexation is signed by a number of
264	258		registered voters of the municipality equal to at least 50 percent
265	259		of the number of voters who voted in the most recent municipal
266	260		election and is received by the secretary of the municipality
267	261		before the date the election required by this subchapter is held.
268	262		SECTION 8. Section 43.071(e), Local Government Code, is
269	263		amended to read as follows:
270	264		(e) Subsections (b) and (c) [(b)-(d)] do not apply to the
271	265		annexation of:
272	266		(1) an area within a water or sewer district if:
273	267		(A) the governing body of the district consents
274	268		to the annexation;
275	269		(B) the owners in fee simple of the area to be
276	270		annexed consent to the annexation; and
277	271		(C) the annexed area does not exceed 525 feet in
278	272		width at its widest point;
279	273		(2) a water or sewer district that has a noncontiguous
280	274		part that is not within the extraterritorial jurisdiction of the
281	275		municipality; or
282	276		(3) a part of a special utility district created or
283	277		operating under Chapter 65, Water Code.
284	278		SECTION 9. Section 43.0715(c), Local Government Code, is
285	279		amended to read as follows:
286	280		(c) At the time notice of the municipality's intent to annex
287	281		the land within the district is first published [in accordance with
288	282		Section 43.052], the municipality shall proceed to initiate and
289	283		complete a report for each developer conducted in accordance with
290	284		the format approved by the Texas [Natural Resource Conservation]
291	285		Commission on Environmental Quality for audits. In the event the
292	286		municipality is unable to complete the report prior to the
293	287		effective date of the annexation as a result of the developer's
294	288		failure to provide information to the municipality which cannot be
295	289		obtained from other sources, the municipality shall obtain from the
296	290		district the estimated costs of each project previously undertaken
297	291		by a developer which are eligible for reimbursement. The amount of
298	292		such costs, as estimated by the district, shall be escrowed by the
299	293		municipality for the benefit of the persons entitled to receive
300	294		payment in an insured interest-bearing account with a financial
301	295		institution authorized to do business in the state. To compensate
302	296		the developer for the municipality's use of the infrastructure
303	297		facilities pending the determination of the reimbursement amount or
304	298		federal preclearance, all interest accrued on the escrowed funds
305	299		shall be paid to the developer whether or not the annexation is
306	300		valid. Upon placement of the funds in the escrow account, the
307	301		annexation may become effective. In the event a municipality
308	302		timely escrows all estimated reimbursable amounts as required by
309	303		this subsection and all such amounts, determined to be owed,
310	304		including interest, are subsequently disbursed to the developer
311	305		within five days of final determination in immediately available
312	306		funds as required by this section, no penalties or interest shall
313	307		accrue during the pendency of the escrow. Either the municipality
314	308		or developer may, by written notice to the other party, require
315	309		disputes regarding the amount owed under this section to be subject
316	310		to nonbinding arbitration in accordance with the rules of the
317	311		American Arbitration Association.
318	312		SECTION 10. Section 43.072(d), Local Government Code, is
319	313		amended to read as follows:
320	314		(d) Annexation of area under this section is exempt from the
321	315		provisions of this chapter that prohibit:
322	316		(1) a municipality from annexing area outside its
323	317		extraterritorial jurisdiction; or
324	318		(2) [annexation of area narrower than the minimum
325	319		width prescribed by Section 43.054; or
326	320		[(3)] reduction of the extraterritorial jurisdiction
327	321		of a municipality without the written consent of the municipality's
328	322		governing body.
329		-	SECTION 11. Section 43.0751, Local Government Code, is
330		-	amended by amending Subsections (b), (d), (e), (f), (g), (h), (j),
331		-	(k), (m), and (n) and adding Subsection (e-1) to read as follows:
	323	+	SECTION 11. Sections 43.0751(b), (d), and (h), Local
	324	+	Government Code, are amended to read as follows:
332	325		(b) The governing bodies of a municipality and a district
333	326		may negotiate and enter into a written strategic partnership
334	327		agreement for the district by mutual consent. The governing body of
335	328		a municipality, on written request from a district located in the
336	329		municipality's extraterritorial jurisdiction [included in the
337	330		municipality's annexation plan under Section 43.052], may [shall]
338	331		negotiate and enter into a written strategic partnership agreement
339	332		with the district. [A district included in a municipality's
340	333		annexation plan under Section 43.052:
341	334		[(1) may not submit its written request before the
342	335		date of the second hearing required under Section 43.0561; and
343	336		[(2) must submit its written request before the 61st
344	337		day after the date of the second hearing required under Section
345	338		43.0561.]
346	339		(d) Before the governing body of a municipality or a
347	340		district adopts a strategic partnership agreement, it shall conduct
348	341		two public hearings at which members of the public who wish to
349	342		present testimony or evidence regarding the proposed agreement
350	343		shall be given the opportunity to do so. Notice of public hearings
351	344		conducted by the governing body of a municipality under this
352	345		subsection shall be published in a newspaper of general circulation
353	346		in the municipality and in the district[. The notice must be in the
354	347		format prescribed by Section 43.123(b)] and must be published at
355	348		least once on or after the 20th day before the [each] date of each
356	349		hearing. The notice may not be smaller than one-quarter page of a
357	350		standard-size or tabloid-size newspaper, and the headline on the
358	351		notice must be in 18-point or larger type. Notice of public
359	352		hearings conducted by the governing body of a district under this
360	353		subsection shall be given in accordance with the district's
361	354		notification procedures for other matters of public importance.
362	355		Any notice of a public hearing conducted under this subsection
363	356		shall contain a statement of the purpose of the hearing, the date,
364	357		time, and place of the hearing, and the location where copies of the
365	358		proposed agreement may be obtained prior to the hearing. The
366	359		governing bodies of a municipality and a district may conduct joint
367	360		public hearings under this subsection, provided that at least one
368	361		public hearing is conducted within the district.
369		-	(e) [The governing body of a municipality may not annex a
370		-	district for limited purposes under this section or under the
371		-	provisions of Subchapter F until it has adopted a strategic
372		-	partnership agreement with the district.] The governing body of a
373		-	municipality may not adopt a strategic partnership agreement before
374		-	the agreement has been adopted by the governing body of the affected
375		-	district.
376		-	(e-1) Beginning September 1, 2015, a strategic partnership
377		-	agreement may not provide for limited purpose annexation.
378		-	(f) A strategic partnership agreement may provide for the
379		-	following:
380		-	(1) [limited-purpose annexation of the district on
381		-	terms acceptable to the municipality and the district provided that
382		-	the district shall continue in existence during the period of
383		-	limited-purpose annexation;
384		-	[(2) limited-purpose annexation of a district located
385		-	in a county with a population of more than 3.3 million:
386		-	[(A) only if the municipality does not require
387		-	services, permits, or inspections or impose fees for services,
388		-	permits, or inspections within the district; and
389		-	[(B) provided that this subsection does not
390		-	prevent the municipality from providing services within the
391		-	district if:
392		-	[(i) the provision of services is specified
393		-	and agreed to in the agreement;
394		-	[(ii) the provision of services is not
395		-	solely the result of a regulatory plan adopted by the municipality
396		-	in connection with the limited-purpose annexation of the district;
397		-	and
398		-	[(iii) the district has obtained the
399		-	authorization of the governmental entity currently providing the
400		-	service;
401		-	[(3)] payments by the municipality to the district for
402		-	services provided by the district;
403		-	(2) [(4)] annexation of any commercial property in a
404		-	district [for full purposes] by the municipality, notwithstanding
405		-	any other provision of this code or the Water Code, except for the
406		-	obligation of the municipality to provide, directly or through
407		-	agreement with other units of government, full provision of
408		-	municipal services to annexed territory, in lieu of any annexation
409		-	of residential property or payment of any fee on residential
410		-	property in lieu of annexation of residential property in the
411		-	district authorized by this subsection;
412		-	(3) an [(5) a full-purpose] annexation provision on
413		-	terms acceptable to the municipality and the district;
414		-	(4) [(6)] conversion of the district to a limited
415		-	district including some or all of the land included within the
416		-	boundaries of the district, which conversion shall be effective on
417		-	the [full-purpose] annexation conversion date established under
418		-	Subdivision (3) [(5)];
419		-	(5) [(7)] agreements existing between districts and
420		-	governmental bodies and private providers of municipal services in
421		-	existence on the date a municipality evidences its intention by
422		-	adopting a resolution to negotiate for a strategic partnership
423		-	agreement with the district shall be continued and provision made
424		-	for modifications to such existing agreements; and
425		-	(6) [(8)] such other lawful terms that the parties
426		-	consider appropriate.
427		-	(g) A strategic partnership agreement that provides for the
428		-	creation of a limited district under Subsection (f)(4) [(f)(6)]
429		-	shall include provisions setting forth the following:
430		-	(1) the boundaries of the limited district;
431		-	(2) the functions of the limited district and the term
432		-	during which the limited district shall exist after [full-purpose]
433		-	annexation, which term may be renewed successively by the governing
434		-	body of the municipality, provided that no such original or renewed
435		-	term shall exceed 10 years;
436		-	(3) the name by which the limited district shall be
437		-	known; and
438		-	(4) the procedure by which the limited district may be
439		-	dissolved prior to the expiration of any term established under
440		-	Subdivision (2).
441		-	(h) On the [full-purpose] annexation conversion date set
	362	+	(h) On the full-purpose annexation conversion date set
442	363		forth in the strategic partnership agreement pursuant to Subsection
443		-	(f)(3) [(f)(5)(A)], the land included within the boundaries of the
444		-	district shall be deemed to be within the [full-purpose] boundary
	364	+	(f)(5) [(f)(5)(A)], the land included within the boundaries of the
	365	+	district shall be deemed to be within the full-purpose boundary
445	366		limits of the municipality without the need for further action by
446		-	the governing body of the municipality. The [full-purpose]
	367	+	the governing body of the municipality. The full-purpose
447	368		annexation conversion date established by a strategic partnership
448	369		agreement may be altered only by mutual agreement of the district
449	370		and the municipality. However, nothing herein shall prevent the
450	371		municipality from terminating the agreement and instituting
451	372		proceedings to annex the district, on request by the governing body
452		-	of the district, on any date prior to the [full-purpose] annexation
	373	+	of the district, on any date prior to the full-purpose annexation
453	374		conversion date established by the strategic partnership
454	375		agreement. [Land annexed for limited or full purposes under this
455	376		section shall not be included in calculations prescribed by Section
456	377		43.055(a).]
457		-	(j) Except as limited by this section or the terms of a
458		-	strategic partnership agreement, a district that has been annexed
459		-	for limited purposes by a municipality before September 1, 2015,
460		-	and a limited district shall have and may exercise all functions,
461		-	powers, and authority otherwise vested in a district.
462		-	(k) A municipality that has annexed all or part of a
463		-	district for limited purposes under this section before September
464		-	1, 2015, may impose a sales and use tax within the boundaries of the
465		-	part of the district that is annexed for limited purposes. Except
466		-	to the extent it is inconsistent with this section, Chapter 321, Tax
467		-	Code, governs the imposition, computation, administration,
468		-	governance, and abolition of the sales and use tax.
469		-	(m) A municipality that has annexed [may annex] a district
470		-	for limited purposes to implement a strategic partnership agreement
471		-	under this section before September 1, 2015, shall not annex for
472		-	full purposes any territory within a district created pursuant to a
473		-	consent agreement with that municipality executed before August 27,
474		-	1979. The prohibition on annexation established by this subsection
475		-	shall expire on September 1, 1997, or on the date on or before which
476		-	the municipality and any district may have separately agreed that
477		-	annexation would not take place whichever is later.
478		-	(n) This subsection applies only to a municipality any
479		-	portion of which is located in a county that has a population of not
480		-	less than 285,000 and not more than 300,000 and that borders the
481		-	Gulf of Mexico and is adjacent to a county with a population of more
482		-	than 3.3 million. A municipality may impose within the boundaries
483		-	of a district a municipal sales and use tax authorized by Chapter
484		-	321, Tax Code, or a municipal hotel occupancy tax authorized by
485		-	Chapter 351, Tax Code, that is imposed in the municipality if:
486		-	(1) the municipality has annexed the district for
487		-	limited purposes under this section before September 1, 2015; or
488		-	(2) following two public hearings on the matter, the
489		-	municipality and the district enter a written agreement providing
490		-	for the imposition of the tax or taxes.
491		-	SECTION 12. Subchapter D, Chapter 43, Local Government
492		-	Code, is amended by adding Section 43.07512 to read as follows:
493		-	Sec. 43.07512. LIMITED PURPOSE ANNEXATION OF ANY SPECIAL
494		-	DISTRICT PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT.
495		-	(a) In this section, "special district" means a political
496		-	subdivision of this state with a limited geographic area created by
497		-	local law or under general law for a special purpose.
498		-	(b) Notwithstanding any other general or local law, a
499		-	strategic partnership agreement entered into on or after September
500		-	1, 2015, may not provide for the limited purpose annexation of all
501		-	or part of a special district.
502		-	SECTION 13. Section 43.07515(a), Local Government Code, is
	378	+	SECTION 12. Section 43.07515(a), Local Government Code, is
503	379		amended to read as follows:
504	380		(a) A municipality may not regulate under Section 43.0751
505	381		[or 43.0752] the sale, use, storage, or transportation of fireworks
506	382		outside of the municipality's boundaries.
507		-	SECTION 14. Section 43.102(d), Local Government Code, is
	383	+	SECTION 13. Section 43.102(d), Local Government Code, is
508	384		amended to read as follows:
509	385		(d) The municipality may annex the area even if the area is
510	386		outside the municipality's extraterritorial jurisdiction or[,] is
511	387		in another municipality's extraterritorial jurisdiction[, or is
512	388		narrower than the minimum width prescribed by Section 43.054.
513	389		Section 43.055, which relates to the amount of area a municipality
514	390		may annex in a calendar year, does not apply to the annexation].
515		-	SECTION 15. Section 43.1025(c), Local Government Code, is
	391	+	SECTION 14. Section 43.1025(c), Local Government Code, is
516	392		amended to read as follows:
517	393		(c) Annexation of the [The] area described by Subsection (b)
518	394		[may be annexed without the consent of the owners or residents of
519	395		the area, but the annexation] may not occur unless each
520	396		municipality in whose extraterritorial jurisdiction the area may be
521	397		located:
522	398		(1) consents to the annexation; and
523	399		(2) reduces its extraterritorial jurisdiction over
524	400		the area as provided by Section 42.023.
525		-	SECTION 16. Subchapter F, Chapter 43, Local Government
	401	+	SECTION 15. Subchapter F, Chapter 43, Local Government
526	402		Code, is amended by adding Section 43.1211 to read as follows:
527	403		Sec. 43.1211. APPLICABILITY. This subchapter applies to an
528	404		area that was annexed for a limited purpose as authorized before
529	405		September 1, 2015.
530		-	SECTION 17. Section 43.127(a), Local Government Code, is
	406	+	SECTION 16. Section 43.127(a), Local Government Code, is
531	407		amended to read as follows:
532	408		(a) On [Except as provided by Section 43.123(e), on] or
533	409		before the date prescribed by the regulatory plan prepared for the
534	410		limited purpose area [under Section 43.123(d)(2)], the
535	411		municipality must annex the area for full purposes. [This
536	412		requirement may be waived and the date for full-purpose annexation
537	413		postponed by written agreement between the municipality and a
538	414		majority of the affected landowners. A written agreement to waive
539	415		the municipality's obligation to annex the area for full purposes
540	416		binds all future owners of land annexed for limited purposes
541	417		pursuant to that waiver.]
542		-	SECTION 18. Sections 43.141(a) and (b), Local Government
	418	+	SECTION 17. Sections 43.141(a) and (b), Local Government
543	419		Code, are amended to read as follows:
544	420		(a) A majority of the qualified voters of an annexed area
545	421		may petition the governing body of the municipality to disannex the
546	422		area if the municipality fails or refuses to provide services or to
547	423		cause services to be provided to the area [within the period
548	424		specified by Section 43.056 or by the service plan prepared for the
549	425		area under that section].
550	426		(b) If the governing body fails or refuses to disannex the
551	427		area within 60 days after the date of the receipt of the petition,
552	428		any one or more of the signers of the petition may bring a cause of
553	429		action in a district court of the county in which the area is
554	430		principally located to request that the area be disannexed. On the
555	431		filing of an answer by the governing body, and on application of
556	432		either party, the case shall be advanced and heard without further
557	433		delay in accordance with the Texas Rules of Civil Procedure. The
558	434		district court shall enter an order disannexing the area if the
559	435		court finds that a valid petition was filed with the municipality
560	436		and that the municipality failed to perform [its obligations in
561	437		accordance with the service plan or failed to perform] in good
562	438		faith.
563		-	SECTION 19. Section 43.201(2), Local Government Code, is
	439	+	SECTION 18. Section 43.201(2), Local Government Code, is
564	440		amended to read as follows:
565	441		(2) "Limited-purpose annexation" means annexation
566	442		authorized under former Section 43.121, as that section existed on
567	443		January 1, 2015.
568		-	SECTION 20. Section 43.203(a), Local Government Code, is
	444	+	SECTION 19. Section 43.203(a), Local Government Code, is
569	445		amended to read as follows:
570	446		(a) This section applies only to the [The] governing body of
571	447		a district that by resolution petitioned [may petition] a
572	448		municipality to alter the annexation status of land in the district
573	449		from full-purpose annexation to limited-purpose annexation and
574	450		before September 1, 2015:
575	451		(1) entered into an agreement to alter the status of
576	452		annexation as provided by this section; or
577	453		(2) had its status automatically altered by operation
578	454		of Subsection (c).
579		-	SECTION 21. Section 43.905(a), Local Government Code, is
	455	+	SECTION 20. Section 43.905(a), Local Government Code, is
580	456		amended to read as follows:
581	457		(a) A municipality that proposes to annex an area shall
582	458		provide written notice of the proposed annexation to each public
583	459		school district located in the area proposed for annexation within
584	460		the period prescribed for publishing the notice of the first
585	461		hearing under Section 43.0212, 43.0514, [43.0561] or 43.0614
586	462		[43.063], as applicable.
587		-	SECTION 22. Section 775.0754(d), Health and Safety Code, is
	463	+	SECTION 21. Section 775.0754(d), Health and Safety Code, is
588	464		amended to read as follows:
589	465		(d) A municipality that enters into an agreement under this
590	466		section is not required to provide emergency services in that
591	467		annexed territory. To the extent of a conflict between this
592	468		subsection and [Section 43.056, Local Government Code, or] any
593	469		other law, this subsection controls.
594		-	SECTION 23. (a) Sections 42.0411, 43.021, 43.022, 43.023,
	470	+	SECTION 22. (a) Sections 42.0411, 43.021, 43.022, 43.023,
595	471		43.024, 43.025, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036,
596	472		43.052, 43.053, 43.054, 43.0545, 43.0546, 43.055, 43.056, 43.0561,
597	473		43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061,
598	474		43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c),
599		-	(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o) ~~and (r)~~,
600		-	~~43.0752,~~ 43.101(c) and (d), 43.102(c), 43.1025(e) and (g), 43.103,
601		-	~~43.105,~~ 43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129,
602		-	~~43.131,~~ 43.132, and 43.147, Local Government Code, are repealed.
	475	+	(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o), 43.0752,
	476	+	43.101(c) and (d), 43.102(c), 43.1025(e) and (g), 43.103, 43.105,
	477	+	43.121, 43.122, 43.123, 43.124, 43.125, 43.126, 43.129, 43.131,
	478	+	43.132, and 43.147, Local Government Code, are repealed.
603	479		(b) Subchapter Y, Chapter 43, Local Government Code, is
604	480		repealed.
605	481		(c) Sections 8374.252(a), 8375.252(a), 8376.252(a),
606	482		8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a),
607	483		8385.252(a), and 8477.302(a), Special District Local Laws Code, are
608	484		repealed.
609		-	SECTION 24. The changes in law made by this Act do not apply
	485	+	SECTION 23. The changes in law made by this Act do not apply
610	486		to an annexation for which the first hearing notice required by
611	487		former Section 43.0561 or 43.063, Local Government Code, as
612	488		applicable, was published before the effective date of this Act. An
613	489		annexation described by this section is governed by the law in
614	490		effect at the time the notice was published, and the former law is
615	491		continued in effect for that purpose.
616		-	SECTION 25. This Act takes effect September 1, 2015.
617		-	* * * * *
	492	+	SECTION 24. This Act takes effect September 1, 2015.