85R26271 TJB-D
By: Campbell, et al. S.B. No. 715
(Huberty)
Substitute the following for S.B. No. 715: No.
A BILL TO BE ENTITLED
AN ACT
relating to municipal annexation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.021, Local Government Code, is
transferred to Subchapter A, Chapter 43, Local Government Code,
redesignated as Section 43.003, Local Government Code, and amended
to read as follows:
Sec. 43.003 [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 2. Chapter 43, Local Government Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. GENERAL AUTHORITY TO ANNEX
Sec. 43.011. APPLICABILITY. This subchapter applies to:
(1) a municipality wholly located in one or more
counties each with a population of less than 500,000; and
(2) notwithstanding Subchapter C-4 or C-5:
(A) a municipality wholly or partly located in a
county with a population of 500,000 or more; and
(B) a municipality described by Subdivision (1)
that proposes to annex an area in a county with a population of
500,000 or more.
SECTION 3. Section 43.026, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, redesignated as Section 43.012, Local
Government Code, and amended to read as follows:
Sec. 43.012 [43.026]. AUTHORITY OF TYPE A GENERAL-LAW
MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A
general-law municipality by ordinance may annex area that the
municipality owns under the procedures prescribed by Subchapter
C-1. The ordinance must describe the area by metes and bounds and
must be entered in the minutes of the governing body.
SECTION 4. Section 43.027, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, redesignated as Section 43.013, Local
Government Code, and amended to read as follows:
Sec. 43.013 [43.027]. AUTHORITY OF [GENERAL-LAW]
MUNICIPALITY TO ANNEX NAVIGABLE STREAM. 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 under the procedures prescribed by
Subchapter C-1.
SECTION 5. Section 43.051, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, and redesignated as Section 43.014, Local
Government Code, to read as follows:
Sec. 43.014 [43.051]. AUTHORITY TO ANNEX LIMITED TO
EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
in its extraterritorial jurisdiction unless the municipality owns
the area.
SECTION 6. Section 43.031, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, and redesignated as Section 43.015, Local
Government Code, to read as follows:
Sec. 43.015 [43.031]. AUTHORITY OF ADJACENT MUNICIPALITIES
TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may
make mutually agreeable changes in their boundaries of areas that
are less than 1,000 feet in width.
SECTION 7. Section 43.035, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, redesignated as Section 43.016, Local
Government Code, and amended to read as follows:
Sec. 43.016 [43.035]. AUTHORITY OF MUNICIPALITY TO ANNEX
AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS
TIMBER LAND. (a) This section applies only to an area:
(1) eligible to be the subject of a development
agreement under Subchapter G, Chapter 212; and
(2) appraised for ad valorem tax purposes as land for
agricultural or wildlife management use under Subchapter C or D,
Chapter 23, Tax Code, or as timber land under Subchapter E of that
chapter.
(b) A municipality may not annex an area to which this
section applies unless:
(1) the municipality offers to make a development
agreement with the landowner under Section 212.172 that would:
(A) guarantee the continuation of the
extraterritorial status of the area; and
(B) authorize the enforcement of all regulations
and planning authority of the municipality that do not interfere
with the use of the area for agriculture, wildlife management, or
timber; and
(2) the landowner declines to make the agreement
described by Subdivision (1).
(c) For purposes of Section 43.003(2) [43.021(2)] or
another law, including a municipal charter or ordinance, relating
to municipal authority to annex an area adjacent to the
municipality, an area adjacent or contiguous to an area that is the
subject of a development agreement described by Subsection (b)(1)
is considered adjacent or contiguous to the municipality.
(d) A provision of a development agreement described by
Subsection (b)(1) that restricts or otherwise limits the annexation
of all or part of the area that is the subject of the agreement is
void if the landowner files any type of subdivision plat or related
development document for the area with a governmental entity that
has jurisdiction over the area, regardless of how the area is
appraised for ad valorem tax purposes.
(e) A development agreement described by Subsection (b)(1)
is not a permit for purposes of Chapter 245.
SECTION 8. Section 43.037, Local Government Code, is
transferred to Subchapter A-1, Chapter 43, Local Government Code,
as added by this Act, and redesignated as Section 43.017, Local
Government Code, to read as follows:
Sec. 43.017 [43.037]. PROHIBITION AGAINST ANNEXATION TO
SURROUND MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a
population of more than 175,000 located in a county that contains an
international border and borders the Gulf of Mexico may not annex an
area that would cause another municipality to be entirely
surrounded by the corporate limits or extraterritorial
jurisdiction of the annexing municipality.
SECTION 9. The heading to Subchapter B, Chapter 43, Local
Government Code, is amended to read as follows:
SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX: MUNICIPALITIES WHOLLY
LOCATED IN COUNTIES WITH POPULATION OF LESS THAN 500,000
SECTION 10. Subchapter B, Chapter 43, Local Government
Code, is amended by adding Section 43.0205 to read as follows:
Sec. 43.0205. APPLICABILITY. (a) Except as provided by
Subsection (b), this subchapter applies only to a municipality
wholly located in one or more counties each with a population of
less than 500,000.
(b) This subchapter does not apply to a municipality
described by Subsection (a) that proposes to annex an area in a
county with a population of 500,000 or more.
SECTION 11. The heading to Subchapter C, Chapter 43, Local
Government Code, is amended to read as follows:
SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN
COUNTIES WITH POPULATION OF LESS THAN 500,000
SECTION 12. Subchapter C, Chapter 43, Local Government
Code, is amended by adding Section 43.0505 to read as follows:
Sec. 43.0505. APPLICABILITY. (a) Except as provided by
Subsection (b), this subchapter applies only to a municipality
wholly located in one or more counties each with a population of
less than 500,000.
(b) Unless otherwise specifically provided by this chapter,
this subchapter does not apply to:
(1) a municipality wholly or partly located in a
county with a population of 500,000 or more; or
(2) a municipality described by Subsection (a) that
proposes to annex an area in a county with a population of 500,000
or more.
SECTION 13. Section 43.052(h), Local Government Code, is
amended to read as follows:
(h) This section does not apply to an area proposed for
annexation if:
(1) the area contains fewer than 100 separate tracts
of land on which one or more residential dwellings are located on
each tract;
(2) the area will be annexed by petition of more than
50 percent of the real property owners in the area proposed for
annexation or by vote or petition of the qualified voters or real
property owners as provided by Subchapter B;
(3) the area is or was the subject of:
(A) an industrial district contract under
Section 42.044; or
(B) a strategic partnership agreement under
Section 43.0751;
(4) the area is located in a colonia, as that term is
defined by Section 2306.581, Government Code;
(5) the area is annexed under Section 43.012, 43.013,
43.015 [43.026, 43.027], or 43.029[, or 43.031];
(6) the area is located completely within the
boundaries of a closed military installation; or
(7) the municipality determines that the annexation of
the area is necessary to protect the area proposed for annexation or
the municipality from:
(A) imminent destruction of property or injury to
persons; or
(B) a condition or use that constitutes a public
or private nuisance as defined by background principles of nuisance
and property law of this state.
SECTION 14. Section 43.054(a), Local Government Code, is
amended to read as follows:
(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 its
narrowest point is at least 1,000 feet.
SECTION 15. Section 43.056(l), Local Government Code, is
amended to read as follows:
(l) A service plan is valid for 10 years. Renewal of the
service plan is at the discretion of the municipality. [A person
residing or owning land in an annexed area in a municipality with a
population of 1.6 million or more may enforce a service plan by
petitioning the municipality for a change in policy or procedures
to ensure compliance with the service plan. If the municipality
fails to take action with regard to the petition, the petitioner may
request arbitration of the dispute under Section 43.0565.] A
person residing or owning land in an annexed area [in a municipality
with a population of less than 1.6 million] may enforce a service
plan by applying for a writ of mandamus not later than the second
anniversary of the date the person knew or should have known that
the municipality was not complying with the service plan. If a writ
of mandamus is applied for, the municipality has the burden of
proving that the services have been provided in accordance with the
service plan in question. If a court issues a writ under this
subsection, the court:
(1) must provide the municipality the option of
disannexing the area within a reasonable period specified by the
court;
(2) may require the municipality to comply with the
service plan in question before a reasonable date specified by the
court if the municipality does not disannex the area within the
period prescribed by the court under Subdivision (1);
(3) may require the municipality to refund to the
landowners of the annexed area money collected by the municipality
from those landowners for services to the area that were not
provided;
(4) may assess a civil penalty against the
municipality, to be paid to the state in an amount as justice may
require, for the period in which the municipality is not in
compliance with the service plan;
(5) may require the parties to participate in
mediation; and
(6) may require the municipality to pay the person's
costs and reasonable attorney's fees in bringing the action for the
writ.
SECTION 16. Section 43.0562(a), Local Government Code, is
amended to read as follows:
(a) After holding the hearings as provided by Section
43.0561:
(1) [if a municipality has a population of less than
1.6 million,] the municipality and the property owners of the area
proposed for annexation shall negotiate for the provision of
services to the area after annexation or for the provision of
services to the area in lieu of annexation under Section 43.0563; or
(2) if a municipality proposes to annex a special
district, as that term is defined by Section 43.052, the
municipality and the governing body of the district shall negotiate
for the provision of services to the area after annexation or for
the provision of services to the area in lieu of annexation under
Section 43.0751.
SECTION 17. Section 43.0563(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality [with a population
of less than 1.6 million] may negotiate and enter into a written
agreement for the provision of services and the funding of the
services in an area with:
(1) representatives designated under Section
43.0562(b), if the area is included in the municipality's
annexation plan; or
(2) an owner of an area within the extraterritorial
jurisdiction of the municipality if the area is not included in the
municipality's annexation plan.
SECTION 18. The heading to Subchapter C-1, Chapter 43,
Local Government Code, is amended to read as follows:
SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN
COUNTIES WITH POPULATION OF LESS THAN 500,000
SECTION 19. Section 43.061, Local Government Code, is
amended to read as follows:
Sec. 43.061. APPLICABILITY. (a) Except as provided by
Subsection (b), this [This] subchapter applies only to an area that
is proposed for annexation by a municipality wholly located in one
or more counties each with a population of less than 500,000 and
that is not required to be included in a municipal annexation plan
under Section 43.052(h) [43.052].
(b) Unless otherwise specifically provided by this chapter,
this subchapter does not apply to an area that is proposed for
annexation by:
(1) a municipality wholly or partly located in a
county with a population of 500,000 or more; or
(2) a municipality described by Subsection (a) that
proposes to annex an area in a county with a population of 500,000
or more.
SECTION 20. Section 43.062(a), Local Government Code, is
amended to read as follows:
(a) Sections [43.051,] 43.054, 43.0545, 43.055, [43.0565,
43.0567,] and 43.057 apply to the annexation of an area to which
this subchapter applies.
SECTION 21. Section 43.064, Local Government Code, is
amended to read as follows:
Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION[;
EFFECTIVE DATE]. [(a)] The annexation of an area must be completed
within 90 days after the date the governing body institutes the
annexation proceedings or those proceedings are void. Any period
during which the municipality is restrained or enjoined by a court
from annexing the area is not included in computing the 90-day
period.
[(b) Notwithstanding any provision of a municipal charter
to the contrary, the governing body of a municipality with a
population of 1.6 million or more may provide that an annexation
take effect on any date within 90 days after the date of the
adoption of the ordinance providing for the annexation.]
SECTION 22. Chapter 43, Local Government Code, is amended
by adding Subchapter C-2 to read as follows:
SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES:
MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH POPULATION
OF 500,000 OR MORE
Sec. 43.066. APPLICABILITY. This subchapter applies only
to:
(1) a municipality wholly or partly located in a
county with a population of 500,000 or more; and
(2) a municipality wholly located in one or more
counties each with a population of less than 500,000 that proposes
to annex an area in a county with a population of 500,000 or more.
Sec. 43.0661. AUTHORITY TO ANNEX NONCONTIGUOUS AREAS. A
municipality may annex an area that is noncontiguous to the
boundaries of the municipality if the area is in the municipality's
extraterritorial jurisdiction.
Sec. 43.0662. PROVISION OF CERTAIN SERVICES TO ANNEXED
AREA. (a) This section applies only to a municipality that
includes solid waste collection services in the list of services
that will be provided in the area proposed for annexation on or
before the second anniversary of the effective date of the
annexation of the area under a written agreement under Section
43.0672 or a resolution under Section 43.0682 or 43.0692.
(b) A municipality is not required to provide solid waste
collection services to a person who continues to use the services of
a privately owned solid waste management service provider as
provided by Subsection (c).
(c) Before the second anniversary of the effective date of
the annexation of an area, a municipality may not:
(1) prohibit the collection of solid waste in the area
by a privately owned solid waste management service provider; or
(2) impose a fee for solid waste management services
on a person who continues to use the services of a privately owned
solid waste management service provider.
Sec. 43.0664. EFFECT ON OTHER LAW. Subchapters C-3 through
C-5 do not affect the procedures described by Section 397.005 or
397.006 applicable to a defense community as defined by Section
397.001.
SECTION 23. Section 43.030, Local Government Code, is
transferred to Subchapter C-2, Chapter 43, Local Government Code,
as added by this Act, redesignated as Section 43.0663, Local
Government Code, and amended to read as follows:
Sec. 43.0663 [43.030]. AUTHORITY OF MUNICIPALITY WITH
POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL,
SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding
Subchapter C-4 or C-5, a [A] municipality that has a population of
74,000 to 99,700, that is located wholly or partly in a county with
a population of more than 1.8 million, and that completely
surrounds and is contiguous to a general-law municipality with a
population of less than 600, may annex the general-law municipality
as provided by this section.
(b) The governing body of the smaller municipality may adopt
an ordinance ordering an election on the question of consenting to
the annexation of the smaller municipality by the larger
municipality. The governing body of the smaller municipality shall
adopt the ordinance if it receives a petition to do so signed by a
number of qualified voters of the municipality equal to at least 10
percent of the number of voters of the municipality who voted in the
most recent general election. If the ordinance ordering the
election is to be adopted as a result of a petition, the ordinance
shall be adopted within 30 days after the date the petition is
received.
(c) The ordinance ordering the election must provide for the
submission of the question at an election to be held on the first
uniform election date prescribed by Chapter 41, Election Code, that
occurs after the 30th day after the date the ordinance is adopted
and that affords enough time to hold the election in the manner
required by law.
(d) Within 10 days after the date on which the election is
held, the governing body of the smaller municipality shall canvass
the election returns and by resolution shall declare the results of
the election. If a majority of the votes received is in favor of the
annexation, the secretary of the smaller municipality or other
appropriate municipal official shall forward by certified mail to
the secretary of the larger municipality a certified copy of the
resolution.
(e) The larger municipality, within 90 days after the date
the resolution is received, must complete the annexation by
ordinance in accordance with its municipal charter or the general
laws of the state. If the annexation is not completed within the
90-day period, any annexation proceeding is void and the larger
municipality may not annex the smaller municipality under this
section. However, the failure to complete the annexation as
provided by this subsection does not prevent the smaller
municipality from holding a new election on the question to enable
the larger municipality to annex the smaller municipality as
provided by this section.
(f) If the larger municipality completes the annexation
within the prescribed period, the incorporation of the smaller
municipality is abolished. The records, public property, public
buildings, money on hand, credit accounts, and other assets of the
smaller municipality become the property of the larger municipality
and shall be turned over to the officers of that municipality. The
offices in the smaller municipality are abolished and the persons
holding those offices are not entitled to further remuneration or
compensation. All outstanding liabilities of the smaller
municipality are assumed by the larger municipality.
(g) In the annexation ordinance, the larger municipality
shall adopt, for application in the area zoned by the smaller
municipality, the identical comprehensive zoning ordinance that
the smaller municipality applied to the area at the time of the
election. Any attempted annexation of the smaller municipality
that does not include the adoption of that comprehensive zoning
ordinance is void. That comprehensive zoning ordinance may not be
repealed or amended for a period of 10 years unless the written
consent of the landowners who own at least two-thirds of the surface
land of the annexed smaller municipality is obtained.
(h) If the annexed smaller municipality has on hand any bond
funds for public improvements that are not appropriated or
contracted for, the funds shall be kept in a separate special fund
to be used only for public improvements in the area for which the
bonds were voted.
(i) On the annexation, all claims, fines, debts, or taxes
due and payable to the smaller municipality become due and payable
to the larger municipality and shall be collected by it. If taxes
for the year in which the annexation occurs have been assessed in
the smaller municipality before the annexation, the amounts
assessed remain as the amounts due and payable from the inhabitants
of the smaller municipality for that year.
(j) This section does not affect a charter provision of a
home-rule municipality. This section grants additional power to
the municipality and is cumulative of the municipal charter.
SECTION 24. Chapter 43, Local Government Code, is amended
by adding Subchapters C-3, C-4, and C-5 to read as follows:
SUBCHAPTER C-3. ANNEXATION OF AREA ON REQUEST OF OWNERS:
MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH POPULATION
OF 500,000 OR MORE
Sec. 43.067. APPLICABILITY. This subchapter applies only
to a municipality to which Subchapter C-2 applies.
Sec. 43.0671. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS.
Notwithstanding Subchapter C-4 or C-5, a municipality may annex an
area if each owner of land in the area requests the annexation.
Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES. (a)
The governing body of the municipality that elects to annex an area
under this subchapter must first negotiate and enter into a written
agreement with the owners of land in the area for the provision of
services in the area.
(b) The agreement must include:
(1) a list of each service the municipality will
provide on the effective date of the annexation; and
(2) a schedule that includes the period within which
the municipality will provide each service that is not provided on
the effective date of the annexation.
(c) The municipality is not required to provide a service
that is not included in the agreement.
Sec. 43.0673. PUBLIC HEARINGS. (a) Before a municipality
may adopt an ordinance annexing an area under this section, the
governing body of the municipality must conduct at least two public
hearings.
(b) The hearings must be conducted not less than 10 business
days apart.
(c) 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.
(d) The municipality must post notice of the hearings on the
municipality's Internet website if the municipality has an Internet
website and publish notice of the hearings in a newspaper of general
circulation in the municipality and in the area proposed for
annexation. The notice for each hearing must be published at least
once on or after the 20th day but before the 10th day before the date
of the hearing. The notice for each hearing must be posted on the
municipality's Internet website on or after the 20th day but before
the 10th day before the date of the hearing and must remain posted
until the date of the hearing.
SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN
200: MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH
POPULATION OF 500,000 OR MORE
Sec. 43.068. APPLICABILITY. This subchapter applies only
to a municipality to which Subchapter C-2 applies.
Sec. 43.0681. 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 more
than 50 percent of the registered voters of the area.
Sec. 43.0682. 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;
(3) a description of each service to be provided by the
municipality in the area on or after the effective date of 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;
(4) a list of each service the municipality will
provide on the effective date of the annexation; and
(5) a schedule that includes the period within which
the municipality will provide each service that is not provided on
the effective date of the annexation.
Sec. 43.0683. NOTICE OF PROPOSED ANNEXATION. Not later
than the seventh day after the date the governing body of the
municipality adopts the resolution under Section 43.0682, 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
43.0684;
(2) an explanation of the 180-day petition period
described by Section 43.0685; and
(3) a description, list, and schedule of services to
be provided by the municipality in the area on or after annexation
as provided by Section 43.0682.
Sec. 43.0684. PUBLIC HEARING. The governing body of a
municipality must conduct at least one 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 43.0682.
Sec. 43.0685. PETITION. (a) The petition required by
Section 43.0681 may be signed only by a registered voter of the area
proposed to be annexed.
(b) The municipality may collect signatures on the petition
only during the period beginning on the 31st day after the date the
governing body of the municipality adopts the resolution under
Section 43.0682 and ending on the 180th day after the date the
resolution is adopted.
(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) Signatures collected on the petition must be in writing.
(f) Chapter 277, Election Code, applies to a petition under
this section.
Sec. 43.0686. RESULTS OF PETITION. (a) When the petition
period prescribed by Section 43.0685 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 43.0682 to annex 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) holding a public hearing at which members of the
public are given an opportunity to be heard; and
(3) holding a final public 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. 43.0687. 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 secretary of the municipality
before the date the petition period prescribed by Section 43.0685
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.
SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST
200: MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH
POPULATION OF 500,000 OR MORE
Sec. 43.069. APPLICABILITY. This subchapter applies only
to a municipality to which Subchapter C-2 applies.
Sec. 43.0691. 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. 43.0692. 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;
(3) a description of each service to be provided by the
municipality in the area on or after the effective date of 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;
(4) a list of each service the municipality will
provide on the effective date of the annexation; and
(5) a schedule that includes the period within which
the municipality will provide each service that is not provided on
the effective date of the annexation.
Sec. 43.0693. NOTICE OF PROPOSED ANNEXATION. Not later
than the seventh day after the date the governing body of the
municipality adopts the resolution under Section 43.0692, 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 hearings required by Section
43.0694;
(2) notice that an election on the question of
annexing the area will be held; and
(3) a description, list, and schedule of services to
be provided by the municipality in the area on or after annexation
as provided by Section 43.0692.
Sec. 43.0694. PUBLIC HEARINGS. (a) The governing body of a
municipality must conduct an initial 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 43.0692.
(b) The governing body must conduct at least one additional
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 43.0692.
Sec. 43.0695. 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
43.0685, and the petition must be verified in the manner provided by
Section 43.0686(a).
(c) Notwithstanding Section 43.0685(e), the municipality
may provide for an owner of land in the area that is not a resident
of the area to sign the petition electronically.
Sec. 43.0696. 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 43.0692; or
(2) if the consent of the owners of land in the area is
required under Section 43.0695, the 78th day after the date the
petition period to obtain that consent ends.
(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.
(c) A municipality that holds an election under this section
may not hold another election on the question of annexation before
the corresponding uniform election date of the following year.
Sec. 43.0697. 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 43.0695.
(b) If at the election held under this subchapter a majority
of qualified voters do not approve the proposed annexation, or if
the municipality is required to petition owners of land in the area
under Section 43.0695 and does not obtain the required number of
signatures, the municipality may not annex the area and may not
adopt another resolution under Section 43.0692 to annex the area
until the first anniversary of the date of the adoption of the
resolution.
(c) If at the election held under this subchapter a majority
of qualified voters approve the proposed annexation, and if the
municipality, as applicable, obtains the required number of
petition signatures under Section 43.0695, the municipality may
annex the area after:
(1) providing notice under Subsection (a);
(2) holding a public hearing at which members of the
public are given an opportunity to be heard; and
(3) holding a final public 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. 43.0698. 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 secretary of the municipality
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.
SECTION 25. Subchapter D, Chapter 43, Local Government
Code, is amended by adding Section 43.0711 to read as follows:
Sec. 43.0711. LIMITATION ON AUTHORITY OF CERTAIN
MUNICIPALITIES. (a) This section applies only to:
(1) a municipality wholly or partly located in a
county with a population of 500,000 or more; and
(2) a municipality wholly located in one or more
counties each with a population of less than 500,000 that proposes
to annex an area in a county with a population of 500,000 or more.
(b) With respect to an industrial district designated by the
governing body of a municipality under Section 42.044, the
municipality may annex all or part of the district under the
requirements applicable to a municipality wholly located in one or
more counties each with a population of less than 500,000.
SECTION 26. 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 given [published] in
accordance with Section 43.052, 43.0683, or 43.0693, as applicable,
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 27. Section 43.0751, Local Government Code, is
amended by amending Subsection (h) and adding Subsection (s) to
read as follows:
(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
under the procedures applicable to a municipality wholly located in
one or more counties each with a population of less than 500,000.
Land annexed for limited or full purposes under this section shall
not be included in calculations prescribed by Section 43.055(a).
(s) Notwithstanding any other law, the procedures
prescribed by Subchapters C-3, C-4, and C-5 do not apply to the
annexation of an area under this section.
SECTION 28. The heading to Section 43.101, Local Government
Code, is amended to read as follows:
Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR [BY
GENERAL-LAW MUNICIPALITY].
SECTION 29. Section 43.101(c), Local Government Code, is
amended to read as follows:
(c) The area may be annexed without the consent of any [the]
owners or residents of the area under the procedures applicable to a
municipality described by Subdivision (1) by:
(1) a municipality wholly located in one or more
counties each with a population of less than 500,000; and
(2) if there are no owners other than the municipality
or residents of the area:
(A) a municipality wholly or partly located in a
county with a population of 500,000 or more; and
(B) a municipality described by Subdivision (1)
that proposes to annex an area in a county with a population of
500,000 or more.
SECTION 30. Section 43.102(c), Local Government Code, is
amended to read as follows:
(c) The area may be annexed without the consent of any [the]
owners or residents of the area under the procedures applicable to a
municipality described by Subdivision (1) by:
(1) a municipality wholly located in one or more
counties each with a population of less than 500,000; and
(2) if there are no owners other than the municipality
or residents of the area:
(A) a municipality wholly or partly located in a
county with a population of 500,000 or more; and
(B) a municipality described by Subdivision (1)
that proposes to annex an area in a county with a population of
500,000 or more.
SECTION 31. Section 43.1025(c), Local Government Code, is
amended to read as follows:
(c) The area described by Subsection (b) may be annexed
under the requirements applicable to a municipality wholly or
partly located in a county with a population of 500,000 or more
[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.
SECTION 32. The heading to Section 43.103, Local Government
Code, is amended to read as follows:
Sec. 43.103. ANNEXATION OF STREETS, HIGHWAYS, AND OTHER
WAYS BY CERTAIN GENERAL-LAW MUNICIPALITIES [MUNICIPALITY].
SECTION 33. Section 43.103(a), Local Government Code, is
amended to read as follows:
(a) Subject to Section 43.1055(b), a [A] general-law
municipality with a population of 500 or more wholly located in one
or more counties each with a population of less than 500,000 may
annex, by ordinance and without the consent of any person, the part
of a street, highway, alley, or other public or private way,
including a railway line, spur, or roadbed, that is adjacent and
runs parallel to the boundaries of the municipality.
SECTION 34. Section 43.105, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) This section applies only to:
(1) a [A] general-law municipality that:
(A) has a population of 1,066-1,067;
(B) [and] is wholly located in a county with a
population of 85,000 or more and less than 500,000; and
(C) [that] is not adjacent to a county with a
population of 2 million or more;[,] or
(2) a general-law municipality that:
(A) has a population of 6,000-6,025; and
(B) is wholly located in a county with a
population of less than 500,000.
(a-1) Subject to Section 43.1055(b), a municipality
described by Subsection (a) may annex, by ordinance and without the
consent of any person, a public street, highway, road, or alley
adjacent to the municipality.
SECTION 35. Subchapter E, Chapter 43, Local Government
Code, is amended by adding Section 43.1055 to read as follows:
Sec. 43.1055. ANNEXATION OF ROADS AND RIGHTS-OF-WAY IN
CERTAIN LARGE COUNTIES. (a) Notwithstanding any other law, a
municipality wholly or partly located in a county with a population
of 500,000 or more may by ordinance annex a road or the right-of-way
of a road on request of the owner of the road or right-of-way or the
governing body of the political subdivision that maintains the road
or right-of-way under the procedures applicable to a municipality
wholly located in one or more counties each with a population of
less than 500,000.
(b) A municipality described by Section 43.103 or 43.105
that proposes to annex a road or right-of-way in a county with a
population of 500,000 or more must comply with this section.
SECTION 36. Sections 43.121(a) and (c), Local Government
Code, are amended to read as follows:
(a) Subject to Section 43.1211, the [The] governing body of
a home-rule municipality with more than 225,000 inhabitants by
ordinance may annex an area for the limited purposes of applying its
planning, zoning, health, and safety ordinances in the area.
(c) The provisions of this subchapter, other than Sections
43.1211 and [Section] 43.136, do not affect the authority of a
municipality to annex an area for limited purposes under Section
43.136 or any other statute granting the authority to annex for
limited purposes.
SECTION 37. Subchapter F, Chapter 43, Local Government
Code, is amended by adding Section 43.1211 to read as follows:
Sec. 43.1211. AUTHORITY OF MUNICIPALITIES WHOLLY OR PARTLY
LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE TO ANNEX FOR
LIMITED PURPOSES. Except as provided by Section 43.0711(b) or
43.0751, beginning September 1, 2017, a municipality described
below may not annex an area for the limited purposes of applying its
planning, zoning, health, and safety ordinances in the area:
(1) a municipality wholly or partly located in a
county with a population of 500,000 or more; or
(2) a municipality wholly located in one or more
counties each with a population of 500,000 or less that proposes to
annex an area in a county with a population of 500,000 or more.
SECTION 38. 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:
(1) if the municipality is wholly located in one or
more counties each with a population of less than 500,000, within
the period specified by Section 43.056 or by the service plan
prepared for the area under that section; or
(2) if the municipality is wholly or partly located in
a county with a population of 500,000 or more or is a municipality
described by Subdivision (1) that proposes to annex an area in a
county with a population of 500,000 or more, within the period
specified by the written agreement under Section 43.0672 or the
resolution under Section 43.0682 or 43.0692, as applicable.
(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:
(1) perform its obligations in accordance with:
(A) the service plan under Section 43.056;
(B) the written agreement entered into under
Section 43.0672; or
(C) the resolution adopted under Section 43.0682
or 43.0692, as applicable; or
(2) [failed to] perform in good faith.
SECTION 39. Sections 43.203(a) and (b), Local Government
Code, are amended to read as follows:
(a) Notwithstanding any other law, the [The] governing body
of a district by resolution may petition a municipality to alter the
annexation status of land in the district from full-purpose
annexation to limited-purpose annexation.
(b) On receipt of the district's petition, the governing
body of the municipality shall enter into negotiations with the
district for an agreement to alter the status of annexation that
must:
(1) specify the period, which may not be less than 10
years beginning on January 1 of the year following the date of the
agreement, in which limited-purpose annexation is in effect;
(2) provide that, at the expiration of the period, the
district's annexation status will automatically revert to
full-purpose annexation without following procedures provided by
Sections 43.014 and 43.052 [43.051] through 43.055 or any other
procedural requirement for annexation not in effect on January 1,
1995; and
(3) specify the financial obligations of the district
during and after the period of limited-purpose annexation for:
(A) facilities constructed by the municipality
that are in or that serve the district;
(B) debt incurred by the district for water and
sewer infrastructure that will be assumed by the municipality at
the end of the period of limited-purpose annexation; and
(C) use of the municipal sales taxes collected by
the municipality for facilities or services in the district.
SECTION 40. 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 43.0561, [or] 43.063, 43.0673, 43.0683,
or 43.0693, as applicable.
SECTION 41. 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 Section 43.003(2) [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 42. 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 Section 43.003(2) [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 43. 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 Section 43.003(2) [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 44. (a) Sections 43.036, 43.0546, 43.056(d), (h),
and (p), 43.0565, 43.0567, 43.1025(e) and (g), and 43.906, Local
Government Code, are repealed.
(b) Section 5.701(n)(6), Water Code, is repealed.
(c) The repeal of Section 43.036, Local Government Code, by
this Act does not affect a boundary change agreement entered into
under that section, the release and transfer of area under a
boundary change agreement entered into under that section, or the
requirements related to a boundary change agreement entered into
under that section.
(d) The repeal of Sections 43.056(d), (h), and (p) and
Sections 43.0565 and 43.0567, Local Government Code, by this Act
and the change in law made by this Act to Section 43.056(l), Local
Government Code, do not affect a right, requirement, limitation, or
remedy provided for under those sections and applicable in an area
annexed by a municipality for which the first hearing notice
required by Section 43.0561 or 43.063, Local Government Code, as
applicable, was published before September 1, 2017.
SECTION 45. 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 46. This Act takes effect September 1, 2017.