By: Campbell, et al. S.B. No. 715
(In the Senate - Filed February 2, 2017; February 21, 2017,
read first time and referred to Committee on Intergovernmental
Relations; April 11, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 2;
April 11, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 715 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to municipal annexation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 43, Local Government Code,
is amended by adding Section 43.003 to read as follows:
Sec. 43.003. LIMITED PURPOSE ANNEXATION GENERALLY
PROHIBITED; EXCEPTION. (a) Except as provided by Section 43.0751,
beginning September 1, 2017, a municipality may not annex an area
for the limited purposes of applying its planning, zoning, health,
and safety ordinances in the area.
(b) This section supersedes any municipal charter provision
that conflicts with this section.
SECTION 2. Section 43.021, Local Government Code, is
amended to read as follows:
Sec. 43.021. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX
AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. 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 [procedural rules] 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
(3) exchange area with other municipalities.
SECTION 3. Section 43.051, Local Government Code, is
transferred to Subchapter B, Chapter 43, Local Government Code,
redesignated as Section 43.0211, Local Government Code, and amended
to read as follows:
Sec. 43.0211 [43.051]. AUTHORITY TO ANNEX LIMITED TO
EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
in the municipality's [its] extraterritorial jurisdiction unless
the municipality owns the area.
SECTION 4. Section 43.054, Local Government Code, is
transferred to Subchapter B, Chapter 43, Local Government Code,
redesignated as Section 43.02115, Local Government Code, and
amended to read as follows:
Sec. 43.02115 [43.054]. WIDTH REQUIREMENTS. (a) A
municipality [with a population of less than 1.6 million] may not
annex a publicly or privately owned area, including a strip of area
following the course of a road, highway, river, stream, or creek,
unless the width of the area at the area's [its] narrowest point is
at least 1,000 feet.
(b) The prohibition established by Subsection (a) does not
apply if:
(1) the boundaries of the municipality are contiguous
to the area on at least two sides;
(2) the annexation is initiated on the request
[written petition] of the owners or on the written petition of a
majority of the registered [qualified] voters of the area; or
(3) the area abuts or is contiguous to another
jurisdictional boundary.
[(c) Notwithstanding Subsection (a), a municipality with a
population of 21,000 or more located in a county with a population
of 100,000 or more may annex a publicly owned strip or similar area
following the course of a road or highway for the purpose of
annexing territory contiguous to the strip or area if the territory
contiguous to the strip or area was formerly used or was to be used
in connection with or by a superconducting super collider
high-energy research facility.]
SECTION 5. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.0212 to read as follows:
Sec. 43.0212. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON
REQUEST OF OWNERS. (a) Notwithstanding Subchapter C or C-1, a
municipality may annex an area if each owner of land in the area
requests the annexation.
(b) If a municipality elects to annex an area under this
section, the governing body of the municipality must first
negotiate and enter into a written agreement for the provision of
services in the area with the owners of land in the area. The
municipality is not required to provide a service that is not
included in the agreement.
(c) Before a municipality may annex an area under this
section, the governing body of the municipality must conduct at
least two public hearings. The hearings must be conducted not less
than 10 business days apart. During the first public hearing, the
governing body must provide persons interested in the annexation
the opportunity to be heard. During the final public hearing, the
governing body may adopt an ordinance annexing the area.
SECTION 6. Section 43.0235(a), Local Government Code, is
amended to read as follows:
(a) A general-law municipality may annex an area in which 50
percent or more of the property in the area to be annexed is
primarily used for a commercial or industrial purpose only if the
municipality:
(1) is otherwise authorized by this chapter
[subchapter] to annex the area and complies with the requirements
prescribed under that authority; and
(2) obtains the written consent of the owners of a
majority of the property in the area to be annexed.
SECTION 7. Section 43.026, Local Government Code, is
amended to read as follows:
Sec. 43.026. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY
TO ANNEX AREA IT OWNS. Notwithstanding Subchapter C or C-1, the
[The] governing body of a Type A general-law municipality by
ordinance may annex area that the municipality owns. The ordinance
must describe the area by metes and bounds and must be entered in
the minutes of the governing body.
SECTION 8. Section 43.027, Local Government Code, is
amended to read as follows:
Sec. 43.027. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
NAVIGABLE STREAM. Notwithstanding Subchapter C or C-1, the [The]
governing body of a general-law municipality by ordinance may annex
any navigable stream adjacent to the municipality and within the
municipality's extraterritorial jurisdiction.
SECTION 9. Section 43.029, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (d), (e),
(f), and (g) to read as follows:
(c) Notwithstanding Subchapter C or C-1, the [The] board of
trustees of a public school occupying the area may petition the
governing body of the municipality in writing to annex the area
under the procedures provided by this section. [Sections
43.028(c)-(f) apply to the petition and annexation under this
section in the same manner in which they apply to the petition and
annexation under that section.]
(d) The petition must describe the area by metes and bounds
and must be acknowledged in the manner required for deeds by each
person having an interest in the area.
(e) After the 5th day but on or before the 30th day after the
date the petition is filed, the governing body shall hear the
petition and the arguments for and against the annexation and shall
grant or refuse the petition as the governing body considers
appropriate.
(f) If the governing body grants the petition, the governing
body by ordinance may annex the area. On the effective date of the
ordinance, the area becomes a part of the municipality.
(g) If the petition is granted and the ordinance is adopted,
a certified copy of the ordinance together with a copy or duplicate
of the petition shall be filed in the office of the county clerk of
the county in which the municipality is located.
SECTION 10. Section 43.031, Local Government Code, is
amended to read as follows:
Sec. 43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE
BOUNDARIES BY AGREEMENT. Notwithstanding Subchapter C or C-1,
adjacent [Adjacent] municipalities may make mutually agreeable
changes in their boundaries of areas that are less than 1,000 feet
in width.
SECTION 11. The heading to Subchapter C, Chapter 43, Local
Government Code, is amended to read as follows:
SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN
200 [PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]
SECTION 12. Subchapter C, Chapter 43, Local Government
Code, is amended by adding Sections 43.0511 through 43.0518 to read
as follows:
Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex
an area with a population of less than 200 only if the municipality
obtains consent to annex the area through a petition signed by:
(1) more than 50 percent of the registered voters of
the area; and
(2) if the registered voters of the area do not own
more than 50 percent of the land in the area, more than 50 percent of
the owners of land in the area.
Sec. 43.0512. RESOLUTION. The governing body of the
municipality that proposes to annex an area under this subchapter
must adopt a resolution that includes:
(1) a statement of the municipality's intent to annex
the area;
(2) a detailed description and map of the area to be
annexed; and
(3) a description of the services to be provided by the
municipality in the area after the annexation, including, as
applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical services;
(D) solid waste collection;
(E) operation and maintenance of water and
wastewater facilities in the annexed area;
(F) operation and maintenance of roads and
streets, including road and street lighting;
(G) operation and maintenance of parks,
playgrounds, and swimming pools; and
(H) operation and maintenance of any other
publicly owned facility, building, or service.
Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later
than the seventh day after the date the governing body of the
municipality adopts the resolution under Section 43.0512, the
municipality must mail to each resident in the area proposed to be
annexed notification of the proposed annexation that includes:
(1) notice of the public hearing required by Section
43.0514;
(2) an explanation of the 60-day petition period
described by Section 43.0515; and
(3) a description of the services to be provided by the
municipality in the area after the annexation.
Sec. 43.0514. PUBLIC HEARING. The governing body of a
municipality must conduct at least one public hearing on the
proposed annexation at which members of the public are given an
opportunity to be heard. The governing body must conduct the
hearing not earlier than the 21st day and not later than the 30th
day after the date the governing body adopts the resolution under
Section 43.0512.
Sec. 43.0515. PETITION. (a) The petition required by
Section 43.0511 may be signed only by a registered voter of the area
proposed to be annexed or an owner of land in the area. The petition
must provide for the person signing to state whether the person is
signing as a registered voter of the area, as an owner of land in the
area, or as both.
(b) The municipality may collect signatures on the petition
only during the period beginning on the 31st day after the date the
governing body of the municipality adopts the resolution under
Section 43.0512 and ending on the 90th day after the date the
resolution is adopted.
(c) The petition must clearly state that a person signing
the petition is consenting to the proposed annexation.
(d) The petition must include a map of and describe the area
proposed to be annexed.
(e) The municipality must collect petition signatures in
person, except that the municipality may provide for an owner of
land in the area who is not a resident of the area to sign the
petition electronically.
(f) Chapter 277, Election Code, applies to a petition under
this section.
Sec. 43.0516. RESULTS OF PETITION. (a) When the petition
period prescribed by Section 43.0515 ends, the petition shall be
verified by the municipal secretary or other person responsible for
verifying signatures. The municipality must notify the residents
of the area proposed to be annexed of the results of the petition.
(b) If the municipality does not obtain the number of
signatures on the petition required to annex the area, the
municipality may not annex the area and may not adopt another
resolution under Section 43.0512 to annex any part of the area until
the first anniversary of the date the petition period ended.
(c) If the municipality obtains the number of signatures on
the petition required to annex the area, the municipality may annex
the area after:
(1) providing notice under Subsection (a);
(2) conducting a public hearing at which members of
the public are given an opportunity to be heard; and
(3) conducting a final hearing not earlier than the
10th day after the date of the public hearing under Subdivision (2)
at which the ordinance annexing the area may be adopted.
Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
PETITION. If a petition protesting the annexation of an area under
this subchapter is signed by a number of registered voters of the
municipality proposing the annexation equal to at least 50 percent
of the number of voters who voted in the most recent municipal
election and is received by the municipal secretary before the date
the petition period prescribed by Section 43.0515 ends, the
municipality may not complete the annexation of the area without
approval of a majority of the voters of the municipality voting at
an election called and held for that purpose.
Sec. 43.0518. RETALIATION FOR ANNEXATION DISAPPROVAL
PROHIBITED. (a) The disapproval of the proposed annexation of an
area under this subchapter does not affect any existing legal
obligation of the municipality proposing the annexation to continue
to provide governmental services in the area, including water or
wastewater services.
(b) The municipality may not initiate a rate proceeding
solely because of the disapproval of a proposed annexation of an
area under this subchapter.
SECTION 13. The heading to Subchapter C-1, Chapter 43,
Local Government Code, is amended to read as follows:
SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST
200 [PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]
SECTION 14. Subchapter C-1, Chapter 43, Local Government
Code, is amended by adding Sections 43.0611 through 43.0619 to read
as follows:
Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex
an area with a population of 200 or more only if the following
conditions are met, as applicable:
(1) the municipality holds an election in the area
proposed to be annexed at which the qualified voters of the area may
vote on the question of the annexation, and a majority of the votes
received at the election approve the annexation; and
(2) if the registered voters of the area do not own
more than 50 percent of the land in the area, the municipality
obtains consent to annex the area through a petition signed by more
than 50 percent of the owners of land in the area.
Sec. 43.0612. RESOLUTION. The governing body of the
municipality that proposes to annex an area under this subchapter
must adopt a resolution that includes:
(1) a statement of the municipality's intent to annex
the area;
(2) a detailed description and map of the area to be
annexed; and
(3) a description of the services to be provided by the
municipality in the area after the annexation, including, as
applicable:
(A) police protection;
(B) fire protection;
(C) emergency medical services;
(D) solid waste collection;
(E) operation and maintenance of water and
wastewater facilities in the annexed area;
(F) operation and maintenance of roads and
streets, including road and street lighting;
(G) operation and maintenance of parks,
playgrounds, and swimming pools; and
(H) operation and maintenance of any other
publicly owned facility, building, or service.
Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later
than the seventh day after the date the governing body of the
municipality adopts the resolution under Section 43.0612, the
municipality must mail to each property owner in the area proposed
to be annexed notification of the proposed annexation that
includes:
(1) notice of the public hearing required by Section
43.0614;
(2) notice that an election on the question of
annexing the area will be held; and
(3) a description of the services to be provided by the
municipality in the area after the annexation.
Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of
a municipality must conduct at least two public hearings on the
proposed annexation at which members of the public are given an
opportunity to be heard.
(b) The governing body must conduct the first public hearing
not earlier than the 21st day and not later than the 30th day after
the date the governing body adopts the resolution under Section
43.0612.
(c) The governing body must conduct the second public
hearing not earlier than the 31st day and not later than the 90th
day after the date the governing body adopts a resolution under
Section 43.0612.
Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
AREAS. (a) If the registered voters in the area proposed to be
annexed do not own more than 50 percent of the land in the area, the
municipality must obtain consent to the annexation through a
petition signed by more than 50 percent of the owners of land in the
area in addition to the election required by this subchapter.
(b) The municipality must obtain the consent required by
this section through the petition process prescribed by Section
43.0515, and the petition must be verified in the manner provided by
Section 43.0516(a).
Sec. 43.0616. ELECTION. (a) A municipality shall order an
election on the question of annexing an area to be held on the first
uniform election date that falls on or after:
(1) the 90th day after the date the governing body of
the municipality adopts the resolution under Section 43.0612; or
(2) if the consent of the owners of land in the area is
required under Section 43.0615, the 78th day after the date the
petition period to obtain that consent ends.
(b) An election under this section shall be held in the same
manner as general elections of the municipality. The municipality
shall pay for the costs of holding the election.
Sec. 43.0617. RESULTS OF ELECTION AND PETITION.
(a) Following an election held under this subchapter, the
municipality must notify the residents of the area proposed to be
annexed of the results of the election and, if applicable, of the
petition required by Section 43.0615.
(b) If at the election held under this subchapter a majority
of qualified voters do not approve the proposed annexation, or if
the municipality is required to petition owners of land in the area
under Section 43.0615 and does not obtain the required number of
signatures, the municipality may not annex the area and may not
adopt another resolution under Section 43.0612 to annex any part of
the area until the first anniversary of the date of the adoption of
the resolution.
(c) If at the election held under this subchapter a majority
of qualified voters approve the proposed annexation, and if the
municipality, as applicable, obtains the required number of
petition signatures under Section 43.0615, the municipality may
annex the area after:
(1) providing notice under Subsection (a);
(2) conducting a public hearing at which members of
the public are given an opportunity to be heard; and
(3) conducting a final hearing not earlier than the
10th day after the date of the public hearing under Subdivision (2)
at which the ordinance annexing the area may be adopted.
Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
PETITION. If a petition protesting the annexation of an area under
this subchapter is signed by a number of registered voters of the
municipality proposing the annexation equal to at least 50 percent
of the number of voters who voted in the most recent municipal
election and is received by the municipal secretary before the date
the election required by this subchapter is held, the municipality
may not complete the annexation of the area without approval of a
majority of the voters of the municipality voting at a separate
election called and held for that purpose.
Sec. 43.0619. RETALIATION FOR ANNEXATION DISAPPROVAL
PROHIBITED. (a) The disapproval of the proposed annexation of an
area under this subchapter does not affect any existing legal
obligation of the municipality proposing the annexation to continue
to provide governmental services in the area, including water or
wastewater services.
(b) The municipality may not initiate a rate proceeding
solely because of the disapproval of a proposed annexation of an
area under this subchapter.
SECTION 15. Section 43.071(e), Local Government Code, is
amended to read as follows:
(e) Subsections (b) and (c) [(b)-(d)] do not apply to the
annexation of:
(1) an area within a water or sewer district if:
(A) the governing body of the district consents
to the annexation;
(B) the owners in fee simple of the area to be
annexed consent to the annexation; and
(C) the annexed area does not exceed 525 feet in
width at its widest point;
(2) a water or sewer district that has a noncontiguous
part that is not within the extraterritorial jurisdiction of the
municipality; or
(3) a part of a special utility district created or
operating under Chapter 65, Water Code.
SECTION 16. Sections 43.0715(b) and (c), Local Government
Code, are amended to read as follows:
(b) If a municipality with a population of less than 1.5
million annexes a special district for full or limited purposes and
the annexation precludes or impairs the ability of the district to
issue bonds, the municipality shall, prior to the effective date of
the annexation, pay in cash to the landowner or developer of the
district a sum equal to all actual costs and expenses incurred by
the landowner or developer in connection with the district that the
district has, in writing, agreed to pay and that would otherwise
have been eligible for reimbursement from bond proceeds under the
rules and requirements of the Texas [Natural Resource Conservation]
Commission on Environmental Quality as such rules and requirements
exist on the date of annexation. [For an annexation that is subject
to preclearance by a federal authority, a payment will be
considered timely if the municipality: (i) escrows the
reimbursable amounts determined in accordance with Subsection (c)
prior to the effective date of the annexation; and (ii)
subsequently causes the escrowed funds and accrued interest to be
disbursed to the developer within five business days after the
municipality receives notice of the preclearance.]
(c) At the time notice of the municipality's intent to annex
the land within the district is first published [in accordance with
Section 43.052], the municipality shall proceed to initiate and
complete a report for each developer conducted in accordance with
the format approved by the Texas [Natural Resource Conservation]
Commission on Environmental Quality for audits. In the event the
municipality is unable to complete the report prior to the
effective date of the annexation as a result of the developer's
failure to provide information to the municipality which cannot be
obtained from other sources, the municipality shall obtain from the
district the estimated costs of each project previously undertaken
by a developer which are eligible for reimbursement. The amount of
such costs, as estimated by the district, shall be escrowed by the
municipality for the benefit of the persons entitled to receive
payment in an insured interest-bearing account with a financial
institution authorized to do business in the state. To compensate
the developer for the municipality's use of the infrastructure
facilities pending the determination of the reimbursement amount
[or federal preclearance], all interest accrued on the escrowed
funds shall be paid to the developer whether or not the annexation
is valid. Upon placement of the funds in the escrow account, the
annexation may become effective. In the event a municipality
timely escrows all estimated reimbursable amounts as required by
this subsection and all such amounts, determined to be owed,
including interest, are subsequently disbursed to the developer
within five days of final determination in immediately available
funds as required by this section, no penalties or interest shall
accrue during the pendency of the escrow. Either the municipality
or developer may, by written notice to the other party, require
disputes regarding the amount owed under this section to be subject
to nonbinding arbitration in accordance with the rules of the
American Arbitration Association.
SECTION 17. Sections 43.072(b) and (d), Local Government
Code, are amended to read as follows:
(b) A home-rule municipality having a common boundary with a
district subject to this section may annex the area of the district
if:
(1) the annexation complies with the requirements of
Subchapter C or C-1, as applicable [is approved by a majority of the
qualified voters who vote on the question at an election held under
this section];
(2) the annexation is completed before the date that
is one year after the date the petition period prescribed by Section
43.0515 ends or the date of the election under Section 43.0616, as
applicable; and
(3) all the area of the district is annexed.
(d) Annexation of area under this section is exempt from the
provisions of this chapter that prohibit:
(1) a municipality from annexing area outside its
extraterritorial jurisdiction;
(2) annexation of area narrower than the minimum width
prescribed by Section 43.02115 [43.054]; or
(3) reduction of the extraterritorial jurisdiction of
a municipality without the written consent of the municipality's
governing body.
SECTION 18. Sections 43.0751(b), (d), and (h), Local
Government Code, are amended to read as follows:
(b) The governing bodies of a municipality and a district
may negotiate and enter into a written strategic partnership
agreement for the district by mutual consent. The governing body of
a municipality, on written request from a district located in the
municipality's extraterritorial jurisdiction [included in the
municipality's annexation plan under Section 43.052], may [shall]
negotiate and enter into a written strategic partnership agreement
with the district. [A district included in a municipality's
annexation plan under Section 43.052:
[(1) may not submit its written request before the
date of the second hearing required under Section 43.0561; and
[(2) must submit its written request before the 61st
day after the date of the second hearing required under Section
43.0561.]
(d) Before the governing body of a municipality or a
district adopts a strategic partnership agreement, it shall conduct
two public hearings at which members of the public who wish to
present testimony or evidence regarding the proposed agreement
shall be given the opportunity to do so. Notice of public hearings
conducted by the governing body of a municipality under this
subsection shall be published in a newspaper of general circulation
in the municipality and in the district[. The notice must be in the
format prescribed by Section 43.123(b)] and must be published at
least once on or after the 20th day before the [each] date of each
hearing. The notice may not be smaller than one-quarter page of a
standard-size or tabloid-size newspaper, and the headline on the
notice must be in 18-point or larger type. Notice of public
hearings conducted by the governing body of a district under this
subsection shall be given in accordance with the district's
notification procedures for other matters of public importance.
Any notice of a public hearing conducted under this subsection
shall contain a statement of the purpose of the hearing, the date,
time, and place of the hearing, and the location where copies of the
proposed agreement may be obtained prior to the hearing. The
governing bodies of a municipality and a district may conduct joint
public hearings under this subsection, provided that at least one
public hearing is conducted within the district.
(h) On the full-purpose annexation conversion date set
forth in the strategic partnership agreement pursuant to Subsection
(f)(5) [(f)(5)(A)], the land included within the boundaries of the
district shall be deemed to be within the full-purpose boundary
limits of the municipality without the need for further action by
the governing body of the municipality. The full-purpose
annexation conversion date established by a strategic partnership
agreement may be altered only by mutual agreement of the district
and the municipality. However, nothing herein shall prevent the
municipality from terminating the agreement and instituting
proceedings to annex the district, on request by the governing body
of the district, on any date prior to the full-purpose annexation
conversion date established by the strategic partnership
agreement. [Land annexed for limited or full purposes under this
section shall not be included in calculations prescribed by Section
43.055(a).]
SECTION 19. Section 43.07515(a), Local Government Code, is
amended to read as follows:
(a) A municipality may not regulate under Section 43.0751
[or 43.0752] the sale, use, storage, or transportation of fireworks
outside of the municipality's boundaries.
SECTION 20. Section 43.101(d), Local Government Code, is
amended to read as follows:
(d) The municipality may annex the area even if part of the
area is outside the municipality's extraterritorial jurisdiction
or is narrower than the minimum width prescribed by Section
43.02115 [43.054]. [Section 43.055, which relates to the amount of
area a municipality may annex in a calendar year, does not apply to
the annexation.]
SECTION 21. Section 43.102(d), Local Government Code, is
amended to read as follows:
(d) The municipality may annex the area even if the area is
outside the municipality's extraterritorial jurisdiction, is in
another municipality's extraterritorial jurisdiction, or is
narrower than the minimum width prescribed by Section 43.02115
[43.054]. [Section 43.055, which relates to the amount of area a
municipality may annex in a calendar year, does not apply to the
annexation.]
SECTION 22. Sections 43.1025(c) and (g), Local Government
Code, are amended to read as follows:
(c) Annexation of the [The] area described by Subsection (b)
[may be annexed without the consent of the owners or residents of
the area, but the annexation] may not occur unless each
municipality in whose extraterritorial jurisdiction the area may be
located:
(1) consents to the annexation; and
(2) reduces its extraterritorial jurisdiction over
the area as provided by Section 42.023.
(g) The municipality may annex the area if the area is
narrower than the minimum width prescribed by Section 43.02115
[43.054]. [Section 43.055 does not apply to the annexation.]
SECTION 23. Subchapter F, Chapter 43, Local Government
Code, is amended by adding Section 43.1211 to read as follows:
Sec. 43.1211. APPLICABILITY. This subchapter applies to an
area that was annexed for a limited purpose as authorized before
September 1, 2017.
SECTION 24. Section 43.127(a), Local Government Code, is
amended to read as follows:
(a) On [Except as provided by Section 43.123(e), on] or
before the date prescribed by the regulatory plan prepared for the
limited purpose area [under Section 43.123(d)(2)], the
municipality must annex the area for full purposes. [This
requirement may be waived and the date for full-purpose annexation
postponed by written agreement between the municipality and a
majority of the affected landowners. A written agreement to waive
the municipality's obligation to annex the area for full purposes
binds all future owners of land annexed for limited purposes
pursuant to that waiver.]
SECTION 25. Sections 43.141(a) and (b), Local Government
Code, are amended to read as follows:
(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 as described by the
written agreement under Section 43.0212 or the resolution under
Section 43.0512 or 43.0612, as applicable [within the period
specified by Section 43.056 or by the service plan prepared for the
area under that section].
(b) If the governing body fails or refuses to disannex the
area within 60 days after the date of the receipt of the petition,
any one or more of the signers of the petition may bring a cause of
action in a district court of the county in which the area is
principally located to request that the area be disannexed. On the
filing of an answer by the governing body, and on application of
either party, the case shall be advanced and heard without further
delay in accordance with the Texas Rules of Civil Procedure. The
district court shall enter an order disannexing the area if the
court finds that a valid petition was filed with the municipality
and that the municipality failed to perform [its obligations in
accordance with the service plan or failed to perform] in good
faith.
SECTION 26. Section 43.201(2), Local Government Code, is
amended to read as follows:
(2) "Limited-purpose annexation" means annexation
authorized under former Section 43.121, as that section existed on
January 1, 2017.
SECTION 27. Section 43.203(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to the [The] governing body of
a district that by resolution petitioned [may petition] a
municipality to alter the annexation status of land in the district
from full-purpose annexation to limited-purpose annexation and
before September 1, 2017:
(1) entered into an agreement to alter the status of
annexation as provided by this section; or
(2) had its status automatically altered by operation
of Subsection (c).
SECTION 28. Section 43.905(a), Local Government Code, is
amended to read as follows:
(a) A municipality that proposes to annex an area shall
provide written notice of the proposed annexation to each public
school district located in the area proposed for annexation within
the period prescribed for providing [publishing] the notice of the
first hearing under Section 43.0212, 43.0513, [43.0561] or 43.0613
[43.063], as applicable.
SECTION 29. Section 775.0754(d), Health and Safety Code, is
amended to read as follows:
(d) A municipality that enters into an agreement under this
section is not required to provide emergency services in that
annexed territory. To the extent of a conflict between this
subsection and [Section 43.056, Local Government Code, or] any
other law, this subsection controls.
SECTION 30. Section 3833.209(e), Special District Local
Laws Code, is amended to read as follows:
(e) The terms and conditions of the negotiated service plan
bind the city for the period provided by Section 43.056(l), Local
Government Code, as that section existed on January 1, 2017, and the
developer, the developer's heirs, successors, and assigns, and any
person taking title to all or a portion of the property annexed
under the annexation petition for that period.
SECTION 31. Section 8489.109, Special District Local Laws
Code, is amended to read as follows:
Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
For the purposes of any [Section 43.021(2), Local Government Code,
or other] law, including a municipal charter or ordinance relating
to annexation, an area adjacent to the district or any new district
created by the division of the district is considered adjacent to a
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act enacting this chapter is located.
SECTION 32. Section 9038.110, Special District Local Laws
Code, is amended to read as follows:
Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
For the purposes of any [Section 43.021(2), Local Government Code,
or other] law, including a municipal charter or ordinance relating
to annexation, an area adjacent to the district or any new district
created by the division of the district is considered adjacent to a
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act creating this chapter is located.
SECTION 33. Section 9039.110, Special District Local Laws
Code, is amended to read as follows:
Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
For the purposes of any [Section 43.021(2), Local Government Code,
or other] law, including a municipal charter or ordinance relating
to annexation, an area adjacent to the district or any new district
created by the division of the district is considered adjacent to a
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act creating this chapter is located.
SECTION 34. (a) Sections 42.0411, 43.022, 43.023, 43.024,
43.025, 43.028, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036,
43.052, 43.053, 43.0545, 43.0546, 43.055, 43.056, 43.0561,
43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061,
43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c),
(e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o), 43.0752,
43.101(c), 43.102(c), 43.1025(e), 43.103, 43.105, 43.121, 43.122,
43.123, 43.124, 43.125, 43.126, 43.129, 43.132, 43.147, and 43.906,
Local Government Code, are repealed.
(b) Subchapter Y, Chapter 43, Local Government Code, is
repealed.
(c) Sections 8374.252(a), 8375.252(a), 8376.252(a),
8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a),
8385.252(a), and 8477.302(a), Special District Local Laws Code, are
repealed.
(d) Section 5.701(n)(6), Water Code, is repealed.
SECTION 35. The changes in law made by this Act apply only
to the annexation of an area that is not final on the effective date
of this Act. An annexation of an area that was final before the
effective date of this Act is governed by those portions of Chapter
43, Local Government Code, that relate to post-annexation
procedures and requirements in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 36. This Act takes effect September 1, 2017.
* * * * *