TX
Texas Senate Bill SB715

Texas 2017 - 85th Regular

Texas Senate Bill SB715 Compare Versions

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1+85R26271 TJB-D
12 By: Campbell, et al. S.B. No. 715
2- (In the Senate - Filed February 2, 2017; February 21, 2017,
3- read first time and referred to Committee on Intergovernmental
4- Relations; April 11, 2017, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 5, Nays 2;
6- April 11, 2017, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 715 By: Campbell
3+ (Huberty)
4+ Substitute the following for S.B. No. 715: No.
95
106
117 A BILL TO BE ENTITLED
128 AN ACT
139 relating to municipal annexation.
1410 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15- SECTION 1. Subchapter A, Chapter 43, Local Government Code,
16- is amended by adding Section 43.003 to read as follows:
17- Sec. 43.003. LIMITED PURPOSE ANNEXATION GENERALLY
18- PROHIBITED; EXCEPTION. (a) Except as provided by Section 43.0751,
19- beginning September 1, 2017, a municipality may not annex an area
20- for the limited purposes of applying its planning, zoning, health,
21- and safety ordinances in the area.
22- (b) This section supersedes any municipal charter provision
23- that conflicts with this section.
24- SECTION 2. Section 43.021, Local Government Code, is
25- amended to read as follows:
26- Sec. 43.021. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX
27- AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A home-rule
28- municipality may take the following actions according to rules as
29- may be provided by the charter of the municipality and not
11+ SECTION 1. Section 43.021, Local Government Code, is
12+ transferred to Subchapter A, Chapter 43, Local Government Code,
13+ redesignated as Section 43.003, Local Government Code, and amended
14+ to read as follows:
15+ Sec. 43.003 [43.021]. AUTHORITY OF HOME-RULE MUNICIPALITY
16+ TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A
17+ home-rule municipality may take the following actions according to
18+ rules as may be provided by the charter of the municipality and not
3019 inconsistent with the requirements [procedural rules] prescribed
3120 by this chapter:
3221 (1) fix the boundaries of the municipality;
3322 (2) extend the boundaries of the municipality and
3423 annex area adjacent to the municipality; and
3524 (3) exchange area with other municipalities.
36- SECTION 3. Section 43.051, Local Government Code, is
37- transferred to Subchapter B, Chapter 43, Local Government Code,
38- redesignated as Section 43.0211, Local Government Code, and amended
39- to read as follows:
40- Sec. 43.0211 [43.051]. AUTHORITY TO ANNEX LIMITED TO
25+ SECTION 2. Chapter 43, Local Government Code, is amended by
26+ adding Subchapter A-1 to read as follows:
27+ SUBCHAPTER A-1. GENERAL AUTHORITY TO ANNEX
28+ Sec. 43.011. APPLICABILITY. This subchapter applies to:
29+ (1) a municipality wholly located in one or more
30+ counties each with a population of less than 500,000; and
31+ (2) notwithstanding Subchapter C-4 or C-5:
32+ (A) a municipality wholly or partly located in a
33+ county with a population of 500,000 or more; and
34+ (B) a municipality described by Subdivision (1)
35+ that proposes to annex an area in a county with a population of
36+ 500,000 or more.
37+ SECTION 3. Section 43.026, Local Government Code, is
38+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
39+ as added by this Act, redesignated as Section 43.012, Local
40+ Government Code, and amended to read as follows:
41+ Sec. 43.012 [43.026]. AUTHORITY OF TYPE A GENERAL-LAW
42+ MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A
43+ general-law municipality by ordinance may annex area that the
44+ municipality owns under the procedures prescribed by Subchapter
45+ C-1. The ordinance must describe the area by metes and bounds and
46+ must be entered in the minutes of the governing body.
47+ SECTION 4. Section 43.027, Local Government Code, is
48+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
49+ as added by this Act, redesignated as Section 43.013, Local
50+ Government Code, and amended to read as follows:
51+ Sec. 43.013 [43.027]. AUTHORITY OF [GENERAL-LAW]
52+ MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a
53+ [general-law] municipality by ordinance may annex any navigable
54+ stream adjacent to the municipality and within the municipality's
55+ extraterritorial jurisdiction under the procedures prescribed by
56+ Subchapter C-1.
57+ SECTION 5. Section 43.051, Local Government Code, is
58+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
59+ as added by this Act, and redesignated as Section 43.014, Local
60+ Government Code, to read as follows:
61+ Sec. 43.014 [43.051]. AUTHORITY TO ANNEX LIMITED TO
4162 EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
42- in the municipality's [its] extraterritorial jurisdiction unless
43- the municipality owns the area.
44- SECTION 4. Section 43.054, Local Government Code, is
45- transferred to Subchapter B, Chapter 43, Local Government Code,
46- redesignated as Section 43.02115, Local Government Code, and
47- amended to read as follows:
48- Sec. 43.02115 [43.054]. WIDTH REQUIREMENTS. (a) A
49- municipality [with a population of less than 1.6 million] may not
50- annex a publicly or privately owned area, including a strip of area
51- following the course of a road, highway, river, stream, or creek,
52- unless the width of the area at the area's [its] narrowest point is
53- at least 1,000 feet.
54- (b) The prohibition established by Subsection (a) does not
55- apply if:
56- (1) the boundaries of the municipality are contiguous
57- to the area on at least two sides;
58- (2) the annexation is initiated on the request
59- [written petition] of the owners or on the written petition of a
60- majority of the registered [qualified] voters of the area; or
61- (3) the area abuts or is contiguous to another
62- jurisdictional boundary.
63- [(c) Notwithstanding Subsection (a), a municipality with a
64- population of 21,000 or more located in a county with a population
65- of 100,000 or more may annex a publicly owned strip or similar area
66- following the course of a road or highway for the purpose of
67- annexing territory contiguous to the strip or area if the territory
68- contiguous to the strip or area was formerly used or was to be used
69- in connection with or by a superconducting super collider
70- high-energy research facility.]
71- SECTION 5. Subchapter B, Chapter 43, Local Government Code,
72- is amended by adding Section 43.0212 to read as follows:
73- Sec. 43.0212. AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON
74- REQUEST OF OWNERS. (a) Notwithstanding Subchapter C or C-1, a
75- municipality may annex an area if each owner of land in the area
76- requests the annexation.
77- (b) If a municipality elects to annex an area under this
78- section, the governing body of the municipality must first
79- negotiate and enter into a written agreement for the provision of
80- services in the area with the owners of land in the area. The
81- municipality is not required to provide a service that is not
82- included in the agreement.
83- (c) Before a municipality may annex an area under this
84- section, the governing body of the municipality must conduct at
85- least two public hearings. The hearings must be conducted not less
86- than 10 business days apart. During the first public hearing, the
87- governing body must provide persons interested in the annexation
88- the opportunity to be heard. During the final public hearing, the
89- governing body may adopt an ordinance annexing the area.
90- SECTION 6. Section 43.0235(a), Local Government Code, is
91- amended to read as follows:
92- (a) A general-law municipality may annex an area in which 50
93- percent or more of the property in the area to be annexed is
94- primarily used for a commercial or industrial purpose only if the
95- municipality:
96- (1) is otherwise authorized by this chapter
97- [subchapter] to annex the area and complies with the requirements
98- prescribed under that authority; and
99- (2) obtains the written consent of the owners of a
100- majority of the property in the area to be annexed.
101- SECTION 7. Section 43.026, Local Government Code, is
102- amended to read as follows:
103- Sec. 43.026. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY
104- TO ANNEX AREA IT OWNS. Notwithstanding Subchapter C or C-1, the
105- [The] governing body of a Type A general-law municipality by
106- ordinance may annex area that the municipality owns. The ordinance
107- must describe the area by metes and bounds and must be entered in
108- the minutes of the governing body.
109- SECTION 8. Section 43.027, Local Government Code, is
110- amended to read as follows:
111- Sec. 43.027. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
112- NAVIGABLE STREAM. Notwithstanding Subchapter C or C-1, the [The]
113- governing body of a general-law municipality by ordinance may annex
114- any navigable stream adjacent to the municipality and within the
115- municipality's extraterritorial jurisdiction.
116- SECTION 9. Section 43.029, Local Government Code, is
117- amended by amending Subsection (c) and adding Subsections (d), (e),
118- (f), and (g) to read as follows:
119- (c) Notwithstanding Subchapter C or C-1, the [The] board of
120- trustees of a public school occupying the area may petition the
121- governing body of the municipality in writing to annex the area
122- under the procedures provided by this section. [Sections
123- 43.028(c)-(f) apply to the petition and annexation under this
124- section in the same manner in which they apply to the petition and
125- annexation under that section.]
126- (d) The petition must describe the area by metes and bounds
127- and must be acknowledged in the manner required for deeds by each
128- person having an interest in the area.
129- (e) After the 5th day but on or before the 30th day after the
130- date the petition is filed, the governing body shall hear the
131- petition and the arguments for and against the annexation and shall
132- grant or refuse the petition as the governing body considers
133- appropriate.
134- (f) If the governing body grants the petition, the governing
135- body by ordinance may annex the area. On the effective date of the
136- ordinance, the area becomes a part of the municipality.
137- (g) If the petition is granted and the ordinance is adopted,
138- a certified copy of the ordinance together with a copy or duplicate
139- of the petition shall be filed in the office of the county clerk of
140- the county in which the municipality is located.
141- SECTION 10. Section 43.031, Local Government Code, is
142- amended to read as follows:
143- Sec. 43.031. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE
144- BOUNDARIES BY AGREEMENT. Notwithstanding Subchapter C or C-1,
145- adjacent [Adjacent] municipalities may make mutually agreeable
146- changes in their boundaries of areas that are less than 1,000 feet
147- in width.
63+ in its extraterritorial jurisdiction unless the municipality owns
64+ the area.
65+ SECTION 6. Section 43.031, Local Government Code, is
66+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
67+ as added by this Act, and redesignated as Section 43.015, Local
68+ Government Code, to read as follows:
69+ Sec. 43.015 [43.031]. AUTHORITY OF ADJACENT MUNICIPALITIES
70+ TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may
71+ make mutually agreeable changes in their boundaries of areas that
72+ are less than 1,000 feet in width.
73+ SECTION 7. Section 43.035, Local Government Code, is
74+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
75+ as added by this Act, redesignated as Section 43.016, Local
76+ Government Code, and amended to read as follows:
77+ Sec. 43.016 [43.035]. AUTHORITY OF MUNICIPALITY TO ANNEX
78+ AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS
79+ TIMBER LAND. (a) This section applies only to an area:
80+ (1) eligible to be the subject of a development
81+ agreement under Subchapter G, Chapter 212; and
82+ (2) appraised for ad valorem tax purposes as land for
83+ agricultural or wildlife management use under Subchapter C or D,
84+ Chapter 23, Tax Code, or as timber land under Subchapter E of that
85+ chapter.
86+ (b) A municipality may not annex an area to which this
87+ section applies unless:
88+ (1) the municipality offers to make a development
89+ agreement with the landowner under Section 212.172 that would:
90+ (A) guarantee the continuation of the
91+ extraterritorial status of the area; and
92+ (B) authorize the enforcement of all regulations
93+ and planning authority of the municipality that do not interfere
94+ with the use of the area for agriculture, wildlife management, or
95+ timber; and
96+ (2) the landowner declines to make the agreement
97+ described by Subdivision (1).
98+ (c) For purposes of Section 43.003(2) [43.021(2)] or
99+ another law, including a municipal charter or ordinance, relating
100+ to municipal authority to annex an area adjacent to the
101+ municipality, an area adjacent or contiguous to an area that is the
102+ subject of a development agreement described by Subsection (b)(1)
103+ is considered adjacent or contiguous to the municipality.
104+ (d) A provision of a development agreement described by
105+ Subsection (b)(1) that restricts or otherwise limits the annexation
106+ of all or part of the area that is the subject of the agreement is
107+ void if the landowner files any type of subdivision plat or related
108+ development document for the area with a governmental entity that
109+ has jurisdiction over the area, regardless of how the area is
110+ appraised for ad valorem tax purposes.
111+ (e) A development agreement described by Subsection (b)(1)
112+ is not a permit for purposes of Chapter 245.
113+ SECTION 8. Section 43.037, Local Government Code, is
114+ transferred to Subchapter A-1, Chapter 43, Local Government Code,
115+ as added by this Act, and redesignated as Section 43.017, Local
116+ Government Code, to read as follows:
117+ Sec. 43.017 [43.037]. PROHIBITION AGAINST ANNEXATION TO
118+ SURROUND MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a
119+ population of more than 175,000 located in a county that contains an
120+ international border and borders the Gulf of Mexico may not annex an
121+ area that would cause another municipality to be entirely
122+ surrounded by the corporate limits or extraterritorial
123+ jurisdiction of the annexing municipality.
124+ SECTION 9. The heading to Subchapter B, Chapter 43, Local
125+ Government Code, is amended to read as follows:
126+ SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX: MUNICIPALITIES WHOLLY
127+ LOCATED IN COUNTIES WITH POPULATION OF LESS THAN 500,000
128+ SECTION 10. Subchapter B, Chapter 43, Local Government
129+ Code, is amended by adding Section 43.0205 to read as follows:
130+ Sec. 43.0205. APPLICABILITY. (a) Except as provided by
131+ Subsection (b), this subchapter applies only to a municipality
132+ wholly located in one or more counties each with a population of
133+ less than 500,000.
134+ (b) This subchapter does not apply to a municipality
135+ described by Subsection (a) that proposes to annex an area in a
136+ county with a population of 500,000 or more.
148137 SECTION 11. The heading to Subchapter C, Chapter 43, Local
149138 Government Code, is amended to read as follows:
150- SUBCHAPTER C. ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN
151- 200 [PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]
139+ SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
140+ MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN
141+ COUNTIES WITH POPULATION OF LESS THAN 500,000
152142 SECTION 12. Subchapter C, Chapter 43, Local Government
153- Code, is amended by adding Sections 43.0511 through 43.0518 to read
154- as follows:
155- Sec. 43.0511. AUTHORITY TO ANNEX. A municipality may annex
143+ Code, is amended by adding Section 43.0505 to read as follows:
144+ Sec. 43.0505. APPLICABILITY. (a) Except as provided by
145+ Subsection (b), this subchapter applies only to a municipality
146+ wholly located in one or more counties each with a population of
147+ less than 500,000.
148+ (b) Unless otherwise specifically provided by this chapter,
149+ this subchapter does not apply to:
150+ (1) a municipality wholly or partly located in a
151+ county with a population of 500,000 or more; or
152+ (2) a municipality described by Subsection (a) that
153+ proposes to annex an area in a county with a population of 500,000
154+ or more.
155+ SECTION 13. Section 43.052(h), Local Government Code, is
156+ amended to read as follows:
157+ (h) This section does not apply to an area proposed for
158+ annexation if:
159+ (1) the area contains fewer than 100 separate tracts
160+ of land on which one or more residential dwellings are located on
161+ each tract;
162+ (2) the area will be annexed by petition of more than
163+ 50 percent of the real property owners in the area proposed for
164+ annexation or by vote or petition of the qualified voters or real
165+ property owners as provided by Subchapter B;
166+ (3) the area is or was the subject of:
167+ (A) an industrial district contract under
168+ Section 42.044; or
169+ (B) a strategic partnership agreement under
170+ Section 43.0751;
171+ (4) the area is located in a colonia, as that term is
172+ defined by Section 2306.581, Government Code;
173+ (5) the area is annexed under Section 43.012, 43.013,
174+ 43.015 [43.026, 43.027], or 43.029[, or 43.031];
175+ (6) the area is located completely within the
176+ boundaries of a closed military installation; or
177+ (7) the municipality determines that the annexation of
178+ the area is necessary to protect the area proposed for annexation or
179+ the municipality from:
180+ (A) imminent destruction of property or injury to
181+ persons; or
182+ (B) a condition or use that constitutes a public
183+ or private nuisance as defined by background principles of nuisance
184+ and property law of this state.
185+ SECTION 14. Section 43.054(a), Local Government Code, is
186+ amended to read as follows:
187+ (a) A municipality [with a population of less than 1.6
188+ million] may not annex a publicly or privately owned area,
189+ including a strip of area following the course of a road, highway,
190+ river, stream, or creek, unless the width of the area at its
191+ narrowest point is at least 1,000 feet.
192+ SECTION 15. Section 43.056(l), Local Government Code, is
193+ amended to read as follows:
194+ (l) A service plan is valid for 10 years. Renewal of the
195+ service plan is at the discretion of the municipality. [A person
196+ residing or owning land in an annexed area in a municipality with a
197+ population of 1.6 million or more may enforce a service plan by
198+ petitioning the municipality for a change in policy or procedures
199+ to ensure compliance with the service plan. If the municipality
200+ fails to take action with regard to the petition, the petitioner may
201+ request arbitration of the dispute under Section 43.0565.] A
202+ person residing or owning land in an annexed area [in a municipality
203+ with a population of less than 1.6 million] may enforce a service
204+ plan by applying for a writ of mandamus not later than the second
205+ anniversary of the date the person knew or should have known that
206+ the municipality was not complying with the service plan. If a writ
207+ of mandamus is applied for, the municipality has the burden of
208+ proving that the services have been provided in accordance with the
209+ service plan in question. If a court issues a writ under this
210+ subsection, the court:
211+ (1) must provide the municipality the option of
212+ disannexing the area within a reasonable period specified by the
213+ court;
214+ (2) may require the municipality to comply with the
215+ service plan in question before a reasonable date specified by the
216+ court if the municipality does not disannex the area within the
217+ period prescribed by the court under Subdivision (1);
218+ (3) may require the municipality to refund to the
219+ landowners of the annexed area money collected by the municipality
220+ from those landowners for services to the area that were not
221+ provided;
222+ (4) may assess a civil penalty against the
223+ municipality, to be paid to the state in an amount as justice may
224+ require, for the period in which the municipality is not in
225+ compliance with the service plan;
226+ (5) may require the parties to participate in
227+ mediation; and
228+ (6) may require the municipality to pay the person's
229+ costs and reasonable attorney's fees in bringing the action for the
230+ writ.
231+ SECTION 16. Section 43.0562(a), Local Government Code, is
232+ amended to read as follows:
233+ (a) After holding the hearings as provided by Section
234+ 43.0561:
235+ (1) [if a municipality has a population of less than
236+ 1.6 million,] the municipality and the property owners of the area
237+ proposed for annexation shall negotiate for the provision of
238+ services to the area after annexation or for the provision of
239+ services to the area in lieu of annexation under Section 43.0563; or
240+ (2) if a municipality proposes to annex a special
241+ district, as that term is defined by Section 43.052, the
242+ municipality and the governing body of the district shall negotiate
243+ for the provision of services to the area after annexation or for
244+ the provision of services to the area in lieu of annexation under
245+ Section 43.0751.
246+ SECTION 17. Section 43.0563(a), Local Government Code, is
247+ amended to read as follows:
248+ (a) The governing body of a municipality [with a population
249+ of less than 1.6 million] may negotiate and enter into a written
250+ agreement for the provision of services and the funding of the
251+ services in an area with:
252+ (1) representatives designated under Section
253+ 43.0562(b), if the area is included in the municipality's
254+ annexation plan; or
255+ (2) an owner of an area within the extraterritorial
256+ jurisdiction of the municipality if the area is not included in the
257+ municipality's annexation plan.
258+ SECTION 18. The heading to Subchapter C-1, Chapter 43,
259+ Local Government Code, is amended to read as follows:
260+ SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
261+ MUNICIPAL ANNEXATION PLAN: MUNICIPALITIES WHOLLY LOCATED IN
262+ COUNTIES WITH POPULATION OF LESS THAN 500,000
263+ SECTION 19. Section 43.061, Local Government Code, is
264+ amended to read as follows:
265+ Sec. 43.061. APPLICABILITY. (a) Except as provided by
266+ Subsection (b), this [This] subchapter applies only to an area that
267+ is proposed for annexation by a municipality wholly located in one
268+ or more counties each with a population of less than 500,000 and
269+ that is not required to be included in a municipal annexation plan
270+ under Section 43.052(h) [43.052].
271+ (b) Unless otherwise specifically provided by this chapter,
272+ this subchapter does not apply to an area that is proposed for
273+ annexation by:
274+ (1) a municipality wholly or partly located in a
275+ county with a population of 500,000 or more; or
276+ (2) a municipality described by Subsection (a) that
277+ proposes to annex an area in a county with a population of 500,000
278+ or more.
279+ SECTION 20. Section 43.062(a), Local Government Code, is
280+ amended to read as follows:
281+ (a) Sections [43.051,] 43.054, 43.0545, 43.055, [43.0565,
282+ 43.0567,] and 43.057 apply to the annexation of an area to which
283+ this subchapter applies.
284+ SECTION 21. Section 43.064, Local Government Code, is
285+ amended to read as follows:
286+ Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION[;
287+ EFFECTIVE DATE]. [(a)] The annexation of an area must be completed
288+ within 90 days after the date the governing body institutes the
289+ annexation proceedings or those proceedings are void. Any period
290+ during which the municipality is restrained or enjoined by a court
291+ from annexing the area is not included in computing the 90-day
292+ period.
293+ [(b) Notwithstanding any provision of a municipal charter
294+ to the contrary, the governing body of a municipality with a
295+ population of 1.6 million or more may provide that an annexation
296+ take effect on any date within 90 days after the date of the
297+ adoption of the ordinance providing for the annexation.]
298+ SECTION 22. Chapter 43, Local Government Code, is amended
299+ by adding Subchapter C-2 to read as follows:
300+ SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES:
301+ MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH POPULATION
302+ OF 500,000 OR MORE
303+ Sec. 43.066. APPLICABILITY. This subchapter applies only
304+ to:
305+ (1) a municipality wholly or partly located in a
306+ county with a population of 500,000 or more; and
307+ (2) a municipality wholly located in one or more
308+ counties each with a population of less than 500,000 that proposes
309+ to annex an area in a county with a population of 500,000 or more.
310+ Sec. 43.0661. AUTHORITY TO ANNEX NONCONTIGUOUS AREAS. A
311+ municipality may annex an area that is noncontiguous to the
312+ boundaries of the municipality if the area is in the municipality's
313+ extraterritorial jurisdiction.
314+ Sec. 43.0662. PROVISION OF CERTAIN SERVICES TO ANNEXED
315+ AREA. (a) This section applies only to a municipality that
316+ includes solid waste collection services in the list of services
317+ that will be provided in the area proposed for annexation on or
318+ before the second anniversary of the effective date of the
319+ annexation of the area under a written agreement under Section
320+ 43.0672 or a resolution under Section 43.0682 or 43.0692.
321+ (b) A municipality is not required to provide solid waste
322+ collection services to a person who continues to use the services of
323+ a privately owned solid waste management service provider as
324+ provided by Subsection (c).
325+ (c) Before the second anniversary of the effective date of
326+ the annexation of an area, a municipality may not:
327+ (1) prohibit the collection of solid waste in the area
328+ by a privately owned solid waste management service provider; or
329+ (2) impose a fee for solid waste management services
330+ on a person who continues to use the services of a privately owned
331+ solid waste management service provider.
332+ Sec. 43.0664. EFFECT ON OTHER LAW. Subchapters C-3 through
333+ C-5 do not affect the procedures described by Section 397.005 or
334+ 397.006 applicable to a defense community as defined by Section
335+ 397.001.
336+ SECTION 23. Section 43.030, Local Government Code, is
337+ transferred to Subchapter C-2, Chapter 43, Local Government Code,
338+ as added by this Act, redesignated as Section 43.0663, Local
339+ Government Code, and amended to read as follows:
340+ Sec. 43.0663 [43.030]. AUTHORITY OF MUNICIPALITY WITH
341+ POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL,
342+ SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding
343+ Subchapter C-4 or C-5, a [A] municipality that has a population of
344+ 74,000 to 99,700, that is located wholly or partly in a county with
345+ a population of more than 1.8 million, and that completely
346+ surrounds and is contiguous to a general-law municipality with a
347+ population of less than 600, may annex the general-law municipality
348+ as provided by this section.
349+ (b) The governing body of the smaller municipality may adopt
350+ an ordinance ordering an election on the question of consenting to
351+ the annexation of the smaller municipality by the larger
352+ municipality. The governing body of the smaller municipality shall
353+ adopt the ordinance if it receives a petition to do so signed by a
354+ number of qualified voters of the municipality equal to at least 10
355+ percent of the number of voters of the municipality who voted in the
356+ most recent general election. If the ordinance ordering the
357+ election is to be adopted as a result of a petition, the ordinance
358+ shall be adopted within 30 days after the date the petition is
359+ received.
360+ (c) The ordinance ordering the election must provide for the
361+ submission of the question at an election to be held on the first
362+ uniform election date prescribed by Chapter 41, Election Code, that
363+ occurs after the 30th day after the date the ordinance is adopted
364+ and that affords enough time to hold the election in the manner
365+ required by law.
366+ (d) Within 10 days after the date on which the election is
367+ held, the governing body of the smaller municipality shall canvass
368+ the election returns and by resolution shall declare the results of
369+ the election. If a majority of the votes received is in favor of the
370+ annexation, the secretary of the smaller municipality or other
371+ appropriate municipal official shall forward by certified mail to
372+ the secretary of the larger municipality a certified copy of the
373+ resolution.
374+ (e) The larger municipality, within 90 days after the date
375+ the resolution is received, must complete the annexation by
376+ ordinance in accordance with its municipal charter or the general
377+ laws of the state. If the annexation is not completed within the
378+ 90-day period, any annexation proceeding is void and the larger
379+ municipality may not annex the smaller municipality under this
380+ section. However, the failure to complete the annexation as
381+ provided by this subsection does not prevent the smaller
382+ municipality from holding a new election on the question to enable
383+ the larger municipality to annex the smaller municipality as
384+ provided by this section.
385+ (f) If the larger municipality completes the annexation
386+ within the prescribed period, the incorporation of the smaller
387+ municipality is abolished. The records, public property, public
388+ buildings, money on hand, credit accounts, and other assets of the
389+ smaller municipality become the property of the larger municipality
390+ and shall be turned over to the officers of that municipality. The
391+ offices in the smaller municipality are abolished and the persons
392+ holding those offices are not entitled to further remuneration or
393+ compensation. All outstanding liabilities of the smaller
394+ municipality are assumed by the larger municipality.
395+ (g) In the annexation ordinance, the larger municipality
396+ shall adopt, for application in the area zoned by the smaller
397+ municipality, the identical comprehensive zoning ordinance that
398+ the smaller municipality applied to the area at the time of the
399+ election. Any attempted annexation of the smaller municipality
400+ that does not include the adoption of that comprehensive zoning
401+ ordinance is void. That comprehensive zoning ordinance may not be
402+ repealed or amended for a period of 10 years unless the written
403+ consent of the landowners who own at least two-thirds of the surface
404+ land of the annexed smaller municipality is obtained.
405+ (h) If the annexed smaller municipality has on hand any bond
406+ funds for public improvements that are not appropriated or
407+ contracted for, the funds shall be kept in a separate special fund
408+ to be used only for public improvements in the area for which the
409+ bonds were voted.
410+ (i) On the annexation, all claims, fines, debts, or taxes
411+ due and payable to the smaller municipality become due and payable
412+ to the larger municipality and shall be collected by it. If taxes
413+ for the year in which the annexation occurs have been assessed in
414+ the smaller municipality before the annexation, the amounts
415+ assessed remain as the amounts due and payable from the inhabitants
416+ of the smaller municipality for that year.
417+ (j) This section does not affect a charter provision of a
418+ home-rule municipality. This section grants additional power to
419+ the municipality and is cumulative of the municipal charter.
420+ SECTION 24. Chapter 43, Local Government Code, is amended
421+ by adding Subchapters C-3, C-4, and C-5 to read as follows:
422+ SUBCHAPTER C-3. ANNEXATION OF AREA ON REQUEST OF OWNERS:
423+ MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH POPULATION
424+ OF 500,000 OR MORE
425+ Sec. 43.067. APPLICABILITY. This subchapter applies only
426+ to a municipality to which Subchapter C-2 applies.
427+ Sec. 43.0671. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS.
428+ Notwithstanding Subchapter C-4 or C-5, a municipality may annex an
429+ area if each owner of land in the area requests the annexation.
430+ Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES. (a)
431+ The governing body of the municipality that elects to annex an area
432+ under this subchapter must first negotiate and enter into a written
433+ agreement with the owners of land in the area for the provision of
434+ services in the area.
435+ (b) The agreement must include:
436+ (1) a list of each service the municipality will
437+ provide on the effective date of the annexation; and
438+ (2) a schedule that includes the period within which
439+ the municipality will provide each service that is not provided on
440+ the effective date of the annexation.
441+ (c) The municipality is not required to provide a service
442+ that is not included in the agreement.
443+ Sec. 43.0673. PUBLIC HEARINGS. (a) Before a municipality
444+ may adopt an ordinance annexing an area under this section, the
445+ governing body of the municipality must conduct at least two public
446+ hearings.
447+ (b) The hearings must be conducted not less than 10 business
448+ days apart.
449+ (c) During the first public hearing, the governing body must
450+ provide persons interested in the annexation the opportunity to be
451+ heard. During the final public hearing, the governing body may
452+ adopt an ordinance annexing the area.
453+ (d) The municipality must post notice of the hearings on the
454+ municipality's Internet website if the municipality has an Internet
455+ website and publish notice of the hearings in a newspaper of general
456+ circulation in the municipality and in the area proposed for
457+ annexation. The notice for each hearing must be published at least
458+ once on or after the 20th day but before the 10th day before the date
459+ of the hearing. The notice for each hearing must be posted on the
460+ municipality's Internet website on or after the 20th day but before
461+ the 10th day before the date of the hearing and must remain posted
462+ until the date of the hearing.
463+ SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN
464+ 200: MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH
465+ POPULATION OF 500,000 OR MORE
466+ Sec. 43.068. APPLICABILITY. This subchapter applies only
467+ to a municipality to which Subchapter C-2 applies.
468+ Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex
156469 an area with a population of less than 200 only if the municipality
157- obtains consent to annex the area through a petition signed by:
158- (1) more than 50 percent of the registered voters of
159- the area; and
160- (2) if the registered voters of the area do not own
161- more than 50 percent of the land in the area, more than 50 percent of
162- the owners of land in the area.
163- Sec. 43.0512. RESOLUTION. The governing body of the
470+ obtains consent to annex the area through a petition signed by more
471+ than 50 percent of the registered voters of the area.
472+ Sec. 43.0682. RESOLUTION. The governing body of the
164473 municipality that proposes to annex an area under this subchapter
165474 must adopt a resolution that includes:
166475 (1) a statement of the municipality's intent to annex
167476 the area;
168- (2) a detailed description and map of the area to be
169- annexed; and
170- (3) a description of the services to be provided by the
171- municipality in the area after the annexation, including, as
172- applicable:
477+ (2) a detailed description and map of the area;
478+ (3) a description of each service to be provided by the
479+ municipality in the area on or after the effective date of the
480+ annexation, including, as applicable:
173481 (A) police protection;
174482 (B) fire protection;
175483 (C) emergency medical services;
176484 (D) solid waste collection;
177485 (E) operation and maintenance of water and
178486 wastewater facilities in the annexed area;
179487 (F) operation and maintenance of roads and
180488 streets, including road and street lighting;
181489 (G) operation and maintenance of parks,
182490 playgrounds, and swimming pools; and
183491 (H) operation and maintenance of any other
184- publicly owned facility, building, or service.
185- Sec. 43.0513. NOTICE OF PROPOSED ANNEXATION. Not later
492+ publicly owned facility, building, or service;
493+ (4) a list of each service the municipality will
494+ provide on the effective date of the annexation; and
495+ (5) a schedule that includes the period within which
496+ the municipality will provide each service that is not provided on
497+ the effective date of the annexation.
498+ Sec. 43.0683. NOTICE OF PROPOSED ANNEXATION. Not later
186499 than the seventh day after the date the governing body of the
187- municipality adopts the resolution under Section 43.0512, the
500+ municipality adopts the resolution under Section 43.0682, the
188501 municipality must mail to each resident in the area proposed to be
189502 annexed notification of the proposed annexation that includes:
190503 (1) notice of the public hearing required by Section
191- 43.0514;
192- (2) an explanation of the 60-day petition period
193- described by Section 43.0515; and
194- (3) a description of the services to be provided by the
195- municipality in the area after the annexation.
196- Sec. 43.0514. PUBLIC HEARING. The governing body of a
197- municipality must conduct at least one public hearing on the
198- proposed annexation at which members of the public are given an
199- opportunity to be heard. The governing body must conduct the
200- hearing not earlier than the 21st day and not later than the 30th
201- day after the date the governing body adopts the resolution under
202- Section 43.0512.
203- Sec. 43.0515. PETITION. (a) The petition required by
204- Section 43.0511 may be signed only by a registered voter of the area
205- proposed to be annexed or an owner of land in the area. The petition
206- must provide for the person signing to state whether the person is
207- signing as a registered voter of the area, as an owner of land in the
208- area, or as both.
504+ 43.0684;
505+ (2) an explanation of the 180-day petition period
506+ described by Section 43.0685; and
507+ (3) a description, list, and schedule of services to
508+ be provided by the municipality in the area on or after annexation
509+ as provided by Section 43.0682.
510+ Sec. 43.0684. PUBLIC HEARING. The governing body of a
511+ municipality must conduct at least one public hearing not earlier
512+ than the 21st day and not later than the 30th day after the date the
513+ governing body adopts the resolution under Section 43.0682.
514+ Sec. 43.0685. PETITION. (a) The petition required by
515+ Section 43.0681 may be signed only by a registered voter of the area
516+ proposed to be annexed.
209517 (b) The municipality may collect signatures on the petition
210518 only during the period beginning on the 31st day after the date the
211519 governing body of the municipality adopts the resolution under
212- Section 43.0512 and ending on the 90th day after the date the
520+ Section 43.0682 and ending on the 180th day after the date the
213521 resolution is adopted.
214522 (c) The petition must clearly state that a person signing
215523 the petition is consenting to the proposed annexation.
216524 (d) The petition must include a map of and describe the area
217525 proposed to be annexed.
218- (e) The municipality must collect petition signatures in
219- person, except that the municipality may provide for an owner of
220- land in the area who is not a resident of the area to sign the
221- petition electronically.
526+ (e) Signatures collected on the petition must be in writing.
222527 (f) Chapter 277, Election Code, applies to a petition under
223528 this section.
224- Sec. 43.0516. RESULTS OF PETITION. (a) When the petition
225- period prescribed by Section 43.0515 ends, the petition shall be
529+ Sec. 43.0686. RESULTS OF PETITION. (a) When the petition
530+ period prescribed by Section 43.0685 ends, the petition shall be
226531 verified by the municipal secretary or other person responsible for
227532 verifying signatures. The municipality must notify the residents
228533 of the area proposed to be annexed of the results of the petition.
229534 (b) If the municipality does not obtain the number of
230535 signatures on the petition required to annex the area, the
231536 municipality may not annex the area and may not adopt another
232- resolution under Section 43.0512 to annex any part of the area until
233- the first anniversary of the date the petition period ended.
537+ resolution under Section 43.0682 to annex the area until the first
538+ anniversary of the date the petition period ended.
234539 (c) If the municipality obtains the number of signatures on
235540 the petition required to annex the area, the municipality may annex
236541 the area after:
237542 (1) providing notice under Subsection (a);
238- (2) conducting a public hearing at which members of
239- the public are given an opportunity to be heard; and
240- (3) conducting a final hearing not earlier than the
241- 10th day after the date of the public hearing under Subdivision (2)
242- at which the ordinance annexing the area may be adopted.
243- Sec. 43.0517. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
543+ (2) holding a public hearing at which members of the
544+ public are given an opportunity to be heard; and
545+ (3) holding a final public hearing not earlier than
546+ the 10th day after the date of the public hearing under Subdivision
547+ (2) at which the ordinance annexing the area may be adopted.
548+ Sec. 43.0687. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
244549 PETITION. If a petition protesting the annexation of an area under
245550 this subchapter is signed by a number of registered voters of the
246551 municipality proposing the annexation equal to at least 50 percent
247552 of the number of voters who voted in the most recent municipal
248- election and is received by the municipal secretary before the date
249- the petition period prescribed by Section 43.0515 ends, the
250- municipality may not complete the annexation of the area without
251- approval of a majority of the voters of the municipality voting at
252- an election called and held for that purpose.
253- Sec. 43.0518. RETALIATION FOR ANNEXATION DISAPPROVAL
254- PROHIBITED. (a) The disapproval of the proposed annexation of an
255- area under this subchapter does not affect any existing legal
256- obligation of the municipality proposing the annexation to continue
257- to provide governmental services in the area, including water or
258- wastewater services.
259- (b) The municipality may not initiate a rate proceeding
260- solely because of the disapproval of a proposed annexation of an
261- area under this subchapter.
262- SECTION 13. The heading to Subchapter C-1, Chapter 43,
263- Local Government Code, is amended to read as follows:
264- SUBCHAPTER C-1. ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST
265- 200 [PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]
266- SECTION 14. Subchapter C-1, Chapter 43, Local Government
267- Code, is amended by adding Sections 43.0611 through 43.0619 to read
268- as follows:
269- Sec. 43.0611. AUTHORITY TO ANNEX. A municipality may annex
553+ election and is received by the secretary of the municipality
554+ before the date the petition period prescribed by Section 43.0685
555+ ends, the municipality may not complete the annexation of the area
556+ without approval of a majority of the voters of the municipality
557+ voting at an election called and held for that purpose.
558+ SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST
559+ 200: MUNICIPALITIES WHOLLY OR PARTLY LOCATED IN COUNTY WITH
560+ POPULATION OF 500,000 OR MORE
561+ Sec. 43.069. APPLICABILITY. This subchapter applies only
562+ to a municipality to which Subchapter C-2 applies.
563+ Sec. 43.0691. AUTHORITY TO ANNEX. A municipality may annex
270564 an area with a population of 200 or more only if the following
271565 conditions are met, as applicable:
272566 (1) the municipality holds an election in the area
273567 proposed to be annexed at which the qualified voters of the area may
274- vote on the question of the annexation, and a majority of the votes
568+ vote on the question of the annexation and a majority of the votes
275569 received at the election approve the annexation; and
276570 (2) if the registered voters of the area do not own
277571 more than 50 percent of the land in the area, the municipality
278572 obtains consent to annex the area through a petition signed by more
279573 than 50 percent of the owners of land in the area.
280- Sec. 43.0612. RESOLUTION. The governing body of the
574+ Sec. 43.0692. RESOLUTION. The governing body of the
281575 municipality that proposes to annex an area under this subchapter
282576 must adopt a resolution that includes:
283577 (1) a statement of the municipality's intent to annex
284578 the area;
285- (2) a detailed description and map of the area to be
286- annexed; and
287- (3) a description of the services to be provided by the
288- municipality in the area after the annexation, including, as
289- applicable:
579+ (2) a detailed description and map of the area;
580+ (3) a description of each service to be provided by the
581+ municipality in the area on or after the effective date of the
582+ annexation, including, as applicable:
290583 (A) police protection;
291584 (B) fire protection;
292585 (C) emergency medical services;
293586 (D) solid waste collection;
294587 (E) operation and maintenance of water and
295588 wastewater facilities in the annexed area;
296589 (F) operation and maintenance of roads and
297590 streets, including road and street lighting;
298591 (G) operation and maintenance of parks,
299592 playgrounds, and swimming pools; and
300593 (H) operation and maintenance of any other
301- publicly owned facility, building, or service.
302- Sec. 43.0613. NOTICE OF PROPOSED ANNEXATION. Not later
594+ publicly owned facility, building, or service;
595+ (4) a list of each service the municipality will
596+ provide on the effective date of the annexation; and
597+ (5) a schedule that includes the period within which
598+ the municipality will provide each service that is not provided on
599+ the effective date of the annexation.
600+ Sec. 43.0693. NOTICE OF PROPOSED ANNEXATION. Not later
303601 than the seventh day after the date the governing body of the
304- municipality adopts the resolution under Section 43.0612, the
602+ municipality adopts the resolution under Section 43.0692, the
305603 municipality must mail to each property owner in the area proposed
306604 to be annexed notification of the proposed annexation that
307605 includes:
308- (1) notice of the public hearing required by Section
309- 43.0614;
606+ (1) notice of the public hearings required by Section
607+ 43.0694;
310608 (2) notice that an election on the question of
311609 annexing the area will be held; and
312- (3) a description of the services to be provided by the
313- municipality in the area after the annexation.
314- Sec. 43.0614. PUBLIC HEARINGS. (a) The governing body of
315- a municipality must conduct at least two public hearings on the
316- proposed annexation at which members of the public are given an
317- opportunity to be heard.
318- (b) The governing body must conduct the first public hearing
319- not earlier than the 21st day and not later than the 30th day after
320- the date the governing body adopts the resolution under Section
321- 43.0612.
322- (c) The governing body must conduct the second public
323- hearing not earlier than the 31st day and not later than the 90th
324- day after the date the governing body adopts a resolution under
325- Section 43.0612.
326- Sec. 43.0615. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
610+ (3) a description, list, and schedule of services to
611+ be provided by the municipality in the area on or after annexation
612+ as provided by Section 43.0692.
613+ Sec. 43.0694. PUBLIC HEARINGS. (a) The governing body of a
614+ municipality must conduct an initial public hearing not earlier
615+ than the 21st day and not later than the 30th day after the date the
616+ governing body adopts the resolution under Section 43.0692.
617+ (b) The governing body must conduct at least one additional
618+ public hearing not earlier than the 31st day and not later than the
619+ 90th day after the date the governing body adopts a resolution under
620+ Section 43.0692.
621+ Sec. 43.0695. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
327622 AREAS. (a) If the registered voters in the area proposed to be
328623 annexed do not own more than 50 percent of the land in the area, the
329624 municipality must obtain consent to the annexation through a
330625 petition signed by more than 50 percent of the owners of land in the
331626 area in addition to the election required by this subchapter.
332627 (b) The municipality must obtain the consent required by
333628 this section through the petition process prescribed by Section
334- 43.0515, and the petition must be verified in the manner provided by
335- Section 43.0516(a).
336- Sec. 43.0616. ELECTION. (a) A municipality shall order an
629+ 43.0685, and the petition must be verified in the manner provided by
630+ Section 43.0686(a).
631+ (c) Notwithstanding Section 43.0685(e), the municipality
632+ may provide for an owner of land in the area that is not a resident
633+ of the area to sign the petition electronically.
634+ Sec. 43.0696. ELECTION. (a) A municipality shall order an
337635 election on the question of annexing an area to be held on the first
338636 uniform election date that falls on or after:
339637 (1) the 90th day after the date the governing body of
340- the municipality adopts the resolution under Section 43.0612; or
638+ the municipality adopts the resolution under Section 43.0692; or
341639 (2) if the consent of the owners of land in the area is
342- required under Section 43.0615, the 78th day after the date the
640+ required under Section 43.0695, the 78th day after the date the
343641 petition period to obtain that consent ends.
344642 (b) An election under this section shall be held in the same
345643 manner as general elections of the municipality. The municipality
346644 shall pay for the costs of holding the election.
347- Sec. 43.0617. RESULTS OF ELECTION AND PETITION.
348- (a) Following an election held under this subchapter, the
349- municipality must notify the residents of the area proposed to be
350- annexed of the results of the election and, if applicable, of the
351- petition required by Section 43.0615.
645+ (c) A municipality that holds an election under this section
646+ may not hold another election on the question of annexation before
647+ the corresponding uniform election date of the following year.
648+ Sec. 43.0697. RESULTS OF ELECTION AND PETITION. (a)
649+ Following an election held under this subchapter, the municipality
650+ must notify the residents of the area proposed to be annexed of the
651+ results of the election and, if applicable, of the petition
652+ required by Section 43.0695.
352653 (b) If at the election held under this subchapter a majority
353654 of qualified voters do not approve the proposed annexation, or if
354655 the municipality is required to petition owners of land in the area
355- under Section 43.0615 and does not obtain the required number of
656+ under Section 43.0695 and does not obtain the required number of
356657 signatures, the municipality may not annex the area and may not
357- adopt another resolution under Section 43.0612 to annex any part of
358- the area until the first anniversary of the date of the adoption of
359- the resolution.
658+ adopt another resolution under Section 43.0692 to annex the area
659+ until the first anniversary of the date of the adoption of the
660+ resolution.
360661 (c) If at the election held under this subchapter a majority
361662 of qualified voters approve the proposed annexation, and if the
362663 municipality, as applicable, obtains the required number of
363- petition signatures under Section 43.0615, the municipality may
664+ petition signatures under Section 43.0695, the municipality may
364665 annex the area after:
365666 (1) providing notice under Subsection (a);
366- (2) conducting a public hearing at which members of
367- the public are given an opportunity to be heard; and
368- (3) conducting a final hearing not earlier than the
369- 10th day after the date of the public hearing under Subdivision (2)
370- at which the ordinance annexing the area may be adopted.
371- Sec. 43.0618. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
667+ (2) holding a public hearing at which members of the
668+ public are given an opportunity to be heard; and
669+ (3) holding a final public hearing not earlier than
670+ the 10th day after the date of the public hearing under Subdivision
671+ (2) at which the ordinance annexing the area may be adopted.
672+ Sec. 43.0698. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
372673 PETITION. If a petition protesting the annexation of an area under
373674 this subchapter is signed by a number of registered voters of the
374675 municipality proposing the annexation equal to at least 50 percent
375676 of the number of voters who voted in the most recent municipal
376- election and is received by the municipal secretary before the date
377- the election required by this subchapter is held, the municipality
378- may not complete the annexation of the area without approval of a
379- majority of the voters of the municipality voting at a separate
380- election called and held for that purpose.
381- Sec. 43.0619. RETALIATION FOR ANNEXATION DISAPPROVAL
382- PROHIBITED. (a) The disapproval of the proposed annexation of an
383- area under this subchapter does not affect any existing legal
384- obligation of the municipality proposing the annexation to continue
385- to provide governmental services in the area, including water or
386- wastewater services.
387- (b) The municipality may not initiate a rate proceeding
388- solely because of the disapproval of a proposed annexation of an
389- area under this subchapter.
390- SECTION 15. Section 43.071(e), Local Government Code, is
391- amended to read as follows:
392- (e) Subsections (b) and (c) [(b)-(d)] do not apply to the
393- annexation of:
394- (1) an area within a water or sewer district if:
395- (A) the governing body of the district consents
396- to the annexation;
397- (B) the owners in fee simple of the area to be
398- annexed consent to the annexation; and
399- (C) the annexed area does not exceed 525 feet in
400- width at its widest point;
401- (2) a water or sewer district that has a noncontiguous
402- part that is not within the extraterritorial jurisdiction of the
403- municipality; or
404- (3) a part of a special utility district created or
405- operating under Chapter 65, Water Code.
406- SECTION 16. Sections 43.0715(b) and (c), Local Government
677+ election and is received by the secretary of the municipality
678+ before the date the election required by this subchapter is held,
679+ the municipality may not complete the annexation of the area
680+ without approval of a majority of the voters of the municipality
681+ voting at a separate election called and held for that purpose.
682+ SECTION 25. Subchapter D, Chapter 43, Local Government
683+ Code, is amended by adding Section 43.0711 to read as follows:
684+ Sec. 43.0711. LIMITATION ON AUTHORITY OF CERTAIN
685+ MUNICIPALITIES. (a) This section applies only to:
686+ (1) a municipality wholly or partly located in a
687+ county with a population of 500,000 or more; and
688+ (2) a municipality wholly located in one or more
689+ counties each with a population of less than 500,000 that proposes
690+ to annex an area in a county with a population of 500,000 or more.
691+ (b) With respect to an industrial district designated by the
692+ governing body of a municipality under Section 42.044, the
693+ municipality may annex all or part of the district under the
694+ requirements applicable to a municipality wholly located in one or
695+ more counties each with a population of less than 500,000.
696+ SECTION 26. Sections 43.0715(b) and (c), Local Government
407697 Code, are amended to read as follows:
408698 (b) If a municipality with a population of less than 1.5
409699 million annexes a special district for full or limited purposes and
410700 the annexation precludes or impairs the ability of the district to
411701 issue bonds, the municipality shall, prior to the effective date of
412702 the annexation, pay in cash to the landowner or developer of the
413703 district a sum equal to all actual costs and expenses incurred by
414704 the landowner or developer in connection with the district that the
415705 district has, in writing, agreed to pay and that would otherwise
416706 have been eligible for reimbursement from bond proceeds under the
417707 rules and requirements of the Texas [Natural Resource Conservation]
418708 Commission on Environmental Quality as such rules and requirements
419709 exist on the date of annexation. [For an annexation that is subject
420710 to preclearance by a federal authority, a payment will be
421711 considered timely if the municipality: (i) escrows the
422712 reimbursable amounts determined in accordance with Subsection (c)
423713 prior to the effective date of the annexation; and (ii)
424714 subsequently causes the escrowed funds and accrued interest to be
425715 disbursed to the developer within five business days after the
426716 municipality receives notice of the preclearance.]
427717 (c) At the time notice of the municipality's intent to annex
428- the land within the district is first published [in accordance with
429- Section 43.052], the municipality shall proceed to initiate and
430- complete a report for each developer conducted in accordance with
431- the format approved by the Texas [Natural Resource Conservation]
432- Commission on Environmental Quality for audits. In the event the
433- municipality is unable to complete the report prior to the
434- effective date of the annexation as a result of the developer's
435- failure to provide information to the municipality which cannot be
436- obtained from other sources, the municipality shall obtain from the
437- district the estimated costs of each project previously undertaken
438- by a developer which are eligible for reimbursement. The amount of
439- such costs, as estimated by the district, shall be escrowed by the
718+ the land within the district is first given [published] in
719+ accordance with Section 43.052, 43.0683, or 43.0693, as applicable,
720+ the municipality shall proceed to initiate and complete a report
721+ for each developer conducted in accordance with the format approved
722+ by the Texas [Natural Resource Conservation] Commission on
723+ Environmental Quality for audits. In the event the municipality is
724+ unable to complete the report prior to the effective date of the
725+ annexation as a result of the developer's failure to provide
726+ information to the municipality which cannot be obtained from other
727+ sources, the municipality shall obtain from the district the
728+ estimated costs of each project previously undertaken by a
729+ developer which are eligible for reimbursement. The amount of such
730+ costs, as estimated by the district, shall be escrowed by the
440731 municipality for the benefit of the persons entitled to receive
441732 payment in an insured interest-bearing account with a financial
442733 institution authorized to do business in the state. To compensate
443734 the developer for the municipality's use of the infrastructure
444735 facilities pending the determination of the reimbursement amount
445736 [or federal preclearance], all interest accrued on the escrowed
446737 funds shall be paid to the developer whether or not the annexation
447738 is valid. Upon placement of the funds in the escrow account, the
448739 annexation may become effective. In the event a municipality
449740 timely escrows all estimated reimbursable amounts as required by
450741 this subsection and all such amounts, determined to be owed,
451742 including interest, are subsequently disbursed to the developer
452743 within five days of final determination in immediately available
453744 funds as required by this section, no penalties or interest shall
454745 accrue during the pendency of the escrow. Either the municipality
455746 or developer may, by written notice to the other party, require
456747 disputes regarding the amount owed under this section to be subject
457748 to nonbinding arbitration in accordance with the rules of the
458749 American Arbitration Association.
459- SECTION 17. Sections 43.072(b) and (d), Local Government
460- Code, are amended to read as follows:
461- (b) A home-rule municipality having a common boundary with a
462- district subject to this section may annex the area of the district
463- if:
464- (1) the annexation complies with the requirements of
465- Subchapter C or C-1, as applicable [is approved by a majority of the
466- qualified voters who vote on the question at an election held under
467- this section];
468- (2) the annexation is completed before the date that
469- is one year after the date the petition period prescribed by Section
470- 43.0515 ends or the date of the election under Section 43.0616, as
471- applicable; and
472- (3) all the area of the district is annexed.
473- (d) Annexation of area under this section is exempt from the
474- provisions of this chapter that prohibit:
475- (1) a municipality from annexing area outside its
476- extraterritorial jurisdiction;
477- (2) annexation of area narrower than the minimum width
478- prescribed by Section 43.02115 [43.054]; or
479- (3) reduction of the extraterritorial jurisdiction of
480- a municipality without the written consent of the municipality's
481- governing body.
482- SECTION 18. Sections 43.0751(b), (d), and (h), Local
483- Government Code, are amended to read as follows:
484- (b) The governing bodies of a municipality and a district
485- may negotiate and enter into a written strategic partnership
486- agreement for the district by mutual consent. The governing body of
487- a municipality, on written request from a district located in the
488- municipality's extraterritorial jurisdiction [included in the
489- municipality's annexation plan under Section 43.052], may [shall]
490- negotiate and enter into a written strategic partnership agreement
491- with the district. [A district included in a municipality's
492- annexation plan under Section 43.052:
493- [(1) may not submit its written request before the
494- date of the second hearing required under Section 43.0561; and
495- [(2) must submit its written request before the 61st
496- day after the date of the second hearing required under Section
497- 43.0561.]
498- (d) Before the governing body of a municipality or a
499- district adopts a strategic partnership agreement, it shall conduct
500- two public hearings at which members of the public who wish to
501- present testimony or evidence regarding the proposed agreement
502- shall be given the opportunity to do so. Notice of public hearings
503- conducted by the governing body of a municipality under this
504- subsection shall be published in a newspaper of general circulation
505- in the municipality and in the district[. The notice must be in the
506- format prescribed by Section 43.123(b)] and must be published at
507- least once on or after the 20th day before the [each] date of each
508- hearing. The notice may not be smaller than one-quarter page of a
509- standard-size or tabloid-size newspaper, and the headline on the
510- notice must be in 18-point or larger type. Notice of public
511- hearings conducted by the governing body of a district under this
512- subsection shall be given in accordance with the district's
513- notification procedures for other matters of public importance.
514- Any notice of a public hearing conducted under this subsection
515- shall contain a statement of the purpose of the hearing, the date,
516- time, and place of the hearing, and the location where copies of the
517- proposed agreement may be obtained prior to the hearing. The
518- governing bodies of a municipality and a district may conduct joint
519- public hearings under this subsection, provided that at least one
520- public hearing is conducted within the district.
750+ SECTION 27. Section 43.0751, Local Government Code, is
751+ amended by amending Subsection (h) and adding Subsection (s) to
752+ read as follows:
521753 (h) On the full-purpose annexation conversion date set
522754 forth in the strategic partnership agreement pursuant to Subsection
523755 (f)(5) [(f)(5)(A)], the land included within the boundaries of the
524756 district shall be deemed to be within the full-purpose boundary
525757 limits of the municipality without the need for further action by
526758 the governing body of the municipality. The full-purpose
527759 annexation conversion date established by a strategic partnership
528760 agreement may be altered only by mutual agreement of the district
529761 and the municipality. However, nothing herein shall prevent the
530762 municipality from terminating the agreement and instituting
531763 proceedings to annex the district, on request by the governing body
532764 of the district, on any date prior to the full-purpose annexation
533- conversion date established by the strategic partnership
534- agreement. [Land annexed for limited or full purposes under this
535- section shall not be included in calculations prescribed by Section
536- 43.055(a).]
537- SECTION 19. Section 43.07515(a), Local Government Code, is
765+ conversion date established by the strategic partnership agreement
766+ under the procedures applicable to a municipality wholly located in
767+ one or more counties each with a population of less than 500,000.
768+ Land annexed for limited or full purposes under this section shall
769+ not be included in calculations prescribed by Section 43.055(a).
770+ (s) Notwithstanding any other law, the procedures
771+ prescribed by Subchapters C-3, C-4, and C-5 do not apply to the
772+ annexation of an area under this section.
773+ SECTION 28. The heading to Section 43.101, Local Government
774+ Code, is amended to read as follows:
775+ Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR [BY
776+ GENERAL-LAW MUNICIPALITY].
777+ SECTION 29. Section 43.101(c), Local Government Code, is
538778 amended to read as follows:
539- (a) A municipality may not regulate under Section 43.0751
540- [or 43.0752] the sale, use, storage, or transportation of fireworks
541- outside of the municipality's boundaries.
542- SECTION 20. Section 43.101(d), Local Government Code, is
779+ (c) The area may be annexed without the consent of any [the]
780+ owners or residents of the area under the procedures applicable to a
781+ municipality described by Subdivision (1) by:
782+ (1) a municipality wholly located in one or more
783+ counties each with a population of less than 500,000; and
784+ (2) if there are no owners other than the municipality
785+ or residents of the area:
786+ (A) a municipality wholly or partly located in a
787+ county with a population of 500,000 or more; and
788+ (B) a municipality described by Subdivision (1)
789+ that proposes to annex an area in a county with a population of
790+ 500,000 or more.
791+ SECTION 30. Section 43.102(c), Local Government Code, is
543792 amended to read as follows:
544- (d) The municipality may annex the area even if part of the
545- area is outside the municipality's extraterritorial jurisdiction
546- or is narrower than the minimum width prescribed by Section
547- 43.02115 [43.054]. [Section 43.055, which relates to the amount of
548- area a municipality may annex in a calendar year, does not apply to
549- the annexation.]
550- SECTION 21. Section 43.102(d), Local Government Code, is
793+ (c) The area may be annexed without the consent of any [the]
794+ owners or residents of the area under the procedures applicable to a
795+ municipality described by Subdivision (1) by:
796+ (1) a municipality wholly located in one or more
797+ counties each with a population of less than 500,000; and
798+ (2) if there are no owners other than the municipality
799+ or residents of the area:
800+ (A) a municipality wholly or partly located in a
801+ county with a population of 500,000 or more; and
802+ (B) a municipality described by Subdivision (1)
803+ that proposes to annex an area in a county with a population of
804+ 500,000 or more.
805+ SECTION 31. Section 43.1025(c), Local Government Code, is
551806 amended to read as follows:
552- (d) The municipality may annex the area even if the area is
553- outside the municipality's extraterritorial jurisdiction, is in
554- another municipality's extraterritorial jurisdiction, or is
555- narrower than the minimum width prescribed by Section 43.02115
556- [43.054]. [Section 43.055, which relates to the amount of area a
557- municipality may annex in a calendar year, does not apply to the
558- annexation.]
559- SECTION 22. Sections 43.1025(c) and (g), Local Government
560- Code, are amended to read as follows:
561- (c) Annexation of the [The] area described by Subsection (b)
562- [may be annexed without the consent of the owners or residents of
563- the area, but the annexation] may not occur unless each
564- municipality in whose extraterritorial jurisdiction the area may be
565- located:
807+ (c) The area described by Subsection (b) may be annexed
808+ under the requirements applicable to a municipality wholly or
809+ partly located in a county with a population of 500,000 or more
810+ [without the consent of the owners or residents of the area], but
811+ the annexation may not occur unless each municipality in whose
812+ extraterritorial jurisdiction the area may be located:
566813 (1) consents to the annexation; and
567814 (2) reduces its extraterritorial jurisdiction over
568815 the area as provided by Section 42.023.
569- (g) The municipality may annex the area if the area is
570- narrower than the minimum width prescribed by Section 43.02115
571- [43.054]. [Section 43.055 does not apply to the annexation.]
572- SECTION 23. Subchapter F, Chapter 43, Local Government
816+ SECTION 32. The heading to Section 43.103, Local Government
817+ Code, is amended to read as follows:
818+ Sec. 43.103. ANNEXATION OF STREETS, HIGHWAYS, AND OTHER
819+ WAYS BY CERTAIN GENERAL-LAW MUNICIPALITIES [MUNICIPALITY].
820+ SECTION 33. Section 43.103(a), Local Government Code, is
821+ amended to read as follows:
822+ (a) Subject to Section 43.1055(b), a [A] general-law
823+ municipality with a population of 500 or more wholly located in one
824+ or more counties each with a population of less than 500,000 may
825+ annex, by ordinance and without the consent of any person, the part
826+ of a street, highway, alley, or other public or private way,
827+ including a railway line, spur, or roadbed, that is adjacent and
828+ runs parallel to the boundaries of the municipality.
829+ SECTION 34. Section 43.105, Local Government Code, is
830+ amended by amending Subsection (a) and adding Subsection (a-1) to
831+ read as follows:
832+ (a) This section applies only to:
833+ (1) a [A] general-law municipality that:
834+ (A) has a population of 1,066-1,067;
835+ (B) [and] is wholly located in a county with a
836+ population of 85,000 or more and less than 500,000; and
837+ (C) [that] is not adjacent to a county with a
838+ population of 2 million or more;[,] or
839+ (2) a general-law municipality that:
840+ (A) has a population of 6,000-6,025; and
841+ (B) is wholly located in a county with a
842+ population of less than 500,000.
843+ (a-1) Subject to Section 43.1055(b), a municipality
844+ described by Subsection (a) may annex, by ordinance and without the
845+ consent of any person, a public street, highway, road, or alley
846+ adjacent to the municipality.
847+ SECTION 35. Subchapter E, Chapter 43, Local Government
848+ Code, is amended by adding Section 43.1055 to read as follows:
849+ Sec. 43.1055. ANNEXATION OF ROADS AND RIGHTS-OF-WAY IN
850+ CERTAIN LARGE COUNTIES. (a) Notwithstanding any other law, a
851+ municipality wholly or partly located in a county with a population
852+ of 500,000 or more may by ordinance annex a road or the right-of-way
853+ of a road on request of the owner of the road or right-of-way or the
854+ governing body of the political subdivision that maintains the road
855+ or right-of-way under the procedures applicable to a municipality
856+ wholly located in one or more counties each with a population of
857+ less than 500,000.
858+ (b) A municipality described by Section 43.103 or 43.105
859+ that proposes to annex a road or right-of-way in a county with a
860+ population of 500,000 or more must comply with this section.
861+ SECTION 36. Sections 43.121(a) and (c), Local Government
862+ Code, are amended to read as follows:
863+ (a) Subject to Section 43.1211, the [The] governing body of
864+ a home-rule municipality with more than 225,000 inhabitants by
865+ ordinance may annex an area for the limited purposes of applying its
866+ planning, zoning, health, and safety ordinances in the area.
867+ (c) The provisions of this subchapter, other than Sections
868+ 43.1211 and [Section] 43.136, do not affect the authority of a
869+ municipality to annex an area for limited purposes under Section
870+ 43.136 or any other statute granting the authority to annex for
871+ limited purposes.
872+ SECTION 37. Subchapter F, Chapter 43, Local Government
573873 Code, is amended by adding Section 43.1211 to read as follows:
574- Sec. 43.1211. APPLICABILITY. This subchapter applies to an
575- area that was annexed for a limited purpose as authorized before
576- September 1, 2017.
577- SECTION 24. Section 43.127(a), Local Government Code, is
578- amended to read as follows:
579- (a) On [Except as provided by Section 43.123(e), on] or
580- before the date prescribed by the regulatory plan prepared for the
581- limited purpose area [under Section 43.123(d)(2)], the
582- municipality must annex the area for full purposes. [This
583- requirement may be waived and the date for full-purpose annexation
584- postponed by written agreement between the municipality and a
585- majority of the affected landowners. A written agreement to waive
586- the municipality's obligation to annex the area for full purposes
587- binds all future owners of land annexed for limited purposes
588- pursuant to that waiver.]
589- SECTION 25. Sections 43.141(a) and (b), Local Government
874+ Sec. 43.1211. AUTHORITY OF MUNICIPALITIES WHOLLY OR PARTLY
875+ LOCATED IN COUNTY WITH POPULATION OF 500,000 OR MORE TO ANNEX FOR
876+ LIMITED PURPOSES. Except as provided by Section 43.0711(b) or
877+ 43.0751, beginning September 1, 2017, a municipality described
878+ below may not annex an area for the limited purposes of applying its
879+ planning, zoning, health, and safety ordinances in the area:
880+ (1) a municipality wholly or partly located in a
881+ county with a population of 500,000 or more; or
882+ (2) a municipality wholly located in one or more
883+ counties each with a population of 500,000 or less that proposes to
884+ annex an area in a county with a population of 500,000 or more.
885+ SECTION 38. Sections 43.141(a) and (b), Local Government
590886 Code, are amended to read as follows:
591887 (a) A majority of the qualified voters of an annexed area
592888 may petition the governing body of the municipality to disannex the
593889 area if the municipality fails or refuses to provide services or to
594- cause services to be provided to the area as described by the
595- written agreement under Section 43.0212 or the resolution under
596- Section 43.0512 or 43.0612, as applicable [within the period
597- specified by Section 43.056 or by the service plan prepared for the
598- area under that section].
890+ cause services to be provided to the area:
891+ (1) if the municipality is wholly located in one or
892+ more counties each with a population of less than 500,000, within
893+ the period specified by Section 43.056 or by the service plan
894+ prepared for the area under that section; or
895+ (2) if the municipality is wholly or partly located in
896+ a county with a population of 500,000 or more or is a municipality
897+ described by Subdivision (1) that proposes to annex an area in a
898+ county with a population of 500,000 or more, within the period
899+ specified by the written agreement under Section 43.0672 or the
900+ resolution under Section 43.0682 or 43.0692, as applicable.
599901 (b) If the governing body fails or refuses to disannex the
600902 area within 60 days after the date of the receipt of the petition,
601903 any one or more of the signers of the petition may bring a cause of
602904 action in a district court of the county in which the area is
603905 principally located to request that the area be disannexed. On the
604906 filing of an answer by the governing body, and on application of
605907 either party, the case shall be advanced and heard without further
606908 delay in accordance with the Texas Rules of Civil Procedure. The
607909 district court shall enter an order disannexing the area if the
608910 court finds that a valid petition was filed with the municipality
609- and that the municipality failed to perform [its obligations in
610- accordance with the service plan or failed to perform] in good
611- faith.
612- SECTION 26. Section 43.201(2), Local Government Code, is
613- amended to read as follows:
614- (2) "Limited-purpose annexation" means annexation
615- authorized under former Section 43.121, as that section existed on
616- January 1, 2017.
617- SECTION 27. Section 43.203(a), Local Government Code, is
618- amended to read as follows:
619- (a) This section applies only to the [The] governing body of
620- a district that by resolution petitioned [may petition] a
621- municipality to alter the annexation status of land in the district
622- from full-purpose annexation to limited-purpose annexation and
623- before September 1, 2017:
624- (1) entered into an agreement to alter the status of
625- annexation as provided by this section; or
626- (2) had its status automatically altered by operation
627- of Subsection (c).
628- SECTION 28. Section 43.905(a), Local Government Code, is
911+ and that the municipality failed to:
912+ (1) perform its obligations in accordance with:
913+ (A) the service plan under Section 43.056;
914+ (B) the written agreement entered into under
915+ Section 43.0672; or
916+ (C) the resolution adopted under Section 43.0682
917+ or 43.0692, as applicable; or
918+ (2) [failed to] perform in good faith.
919+ SECTION 39. Sections 43.203(a) and (b), Local Government
920+ Code, are amended to read as follows:
921+ (a) Notwithstanding any other law, the [The] governing body
922+ of a district by resolution may petition a municipality to alter the
923+ annexation status of land in the district from full-purpose
924+ annexation to limited-purpose annexation.
925+ (b) On receipt of the district's petition, the governing
926+ body of the municipality shall enter into negotiations with the
927+ district for an agreement to alter the status of annexation that
928+ must:
929+ (1) specify the period, which may not be less than 10
930+ years beginning on January 1 of the year following the date of the
931+ agreement, in which limited-purpose annexation is in effect;
932+ (2) provide that, at the expiration of the period, the
933+ district's annexation status will automatically revert to
934+ full-purpose annexation without following procedures provided by
935+ Sections 43.014 and 43.052 [43.051] through 43.055 or any other
936+ procedural requirement for annexation not in effect on January 1,
937+ 1995; and
938+ (3) specify the financial obligations of the district
939+ during and after the period of limited-purpose annexation for:
940+ (A) facilities constructed by the municipality
941+ that are in or that serve the district;
942+ (B) debt incurred by the district for water and
943+ sewer infrastructure that will be assumed by the municipality at
944+ the end of the period of limited-purpose annexation; and
945+ (C) use of the municipal sales taxes collected by
946+ the municipality for facilities or services in the district.
947+ SECTION 40. Section 43.905(a), Local Government Code, is
629948 amended to read as follows:
630949 (a) A municipality that proposes to annex an area shall
631950 provide written notice of the proposed annexation to each public
632951 school district located in the area proposed for annexation within
633952 the period prescribed for providing [publishing] the notice of the
634- first hearing under Section 43.0212, 43.0513, [43.0561] or 43.0613
635- [43.063], as applicable.
636- SECTION 29. Section 775.0754(d), Health and Safety Code, is
637- amended to read as follows:
638- (d) A municipality that enters into an agreement under this
639- section is not required to provide emergency services in that
640- annexed territory. To the extent of a conflict between this
641- subsection and [Section 43.056, Local Government Code, or] any
642- other law, this subsection controls.
643- SECTION 30. Section 3833.209(e), Special District Local
644- Laws Code, is amended to read as follows:
645- (e) The terms and conditions of the negotiated service plan
646- bind the city for the period provided by Section 43.056(l), Local
647- Government Code, as that section existed on January 1, 2017, and the
648- developer, the developer's heirs, successors, and assigns, and any
649- person taking title to all or a portion of the property annexed
650- under the annexation petition for that period.
651- SECTION 31. Section 8489.109, Special District Local Laws
953+ first hearing under Section 43.0561, [or] 43.063, 43.0673, 43.0683,
954+ or 43.0693, as applicable.
955+ SECTION 41. Section 8489.109, Special District Local Laws
652956 Code, is amended to read as follows:
653957 Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
654- For the purposes of any [Section 43.021(2), Local Government Code,
655- or other] law, including a municipal charter or ordinance relating
656- to annexation, an area adjacent to the district or any new district
657- created by the division of the district is considered adjacent to a
658- municipality in whose corporate limits or extraterritorial
659- jurisdiction any of the land in the area described by Section 2 of
660- the Act enacting this chapter is located.
661- SECTION 32. Section 9038.110, Special District Local Laws
958+ For the purposes of Section 43.003(2) [43.021(2)], Local Government
959+ Code, or other law, including a municipal charter or ordinance
960+ relating to annexation, an area adjacent to the district or any new
961+ district created by the division of the district is considered
962+ adjacent to a municipality in whose corporate limits or
963+ extraterritorial jurisdiction any of the land in the area described
964+ by Section 2 of the Act enacting this chapter is located.
965+ SECTION 42. Section 9038.110, Special District Local Laws
662966 Code, is amended to read as follows:
663967 Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
664- For the purposes of any [Section 43.021(2), Local Government Code,
665- or other] law, including a municipal charter or ordinance relating
666- to annexation, an area adjacent to the district or any new district
667- created by the division of the district is considered adjacent to a
668- municipality in whose corporate limits or extraterritorial
669- jurisdiction any of the land in the area described by Section 2 of
670- the Act creating this chapter is located.
671- SECTION 33. Section 9039.110, Special District Local Laws
968+ For the purposes of Section 43.003(2) [43.021(2)], Local Government
969+ Code, or other law, including a municipal charter or ordinance
970+ relating to annexation, an area adjacent to the district or any new
971+ district created by the division of the district is considered
972+ adjacent to a municipality in whose corporate limits or
973+ extraterritorial jurisdiction any of the land in the area described
974+ by Section 2 of the Act creating this chapter is located.
975+ SECTION 43. Section 9039.110, Special District Local Laws
672976 Code, is amended to read as follows:
673977 Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
674- For the purposes of any [Section 43.021(2), Local Government Code,
675- or other] law, including a municipal charter or ordinance relating
676- to annexation, an area adjacent to the district or any new district
677- created by the division of the district is considered adjacent to a
678- municipality in whose corporate limits or extraterritorial
679- jurisdiction any of the land in the area described by Section 2 of
680- the Act creating this chapter is located.
681- SECTION 34. (a) Sections 42.0411, 43.022, 43.023, 43.024,
682- 43.025, 43.028, 43.030, 43.032, 43.033, 43.034, 43.035(c), 43.036,
683- 43.052, 43.053, 43.0545, 43.0546, 43.055, 43.056, 43.0561,
684- 43.0562, 43.0563, 43.0564, 43.0565, 43.0567, 43.057, 43.061,
685- 43.062, 43.063, 43.064, 43.065, 43.071(d), (f), and (g), 43.072(c),
686- (e), (g), (h), (i), (j), (k), (l), and (m), 43.0751(o), 43.0752,
687- 43.101(c), 43.102(c), 43.1025(e), 43.103, 43.105, 43.121, 43.122,
688- 43.123, 43.124, 43.125, 43.126, 43.129, 43.132, 43.147, and 43.906,
689- Local Government Code, are repealed.
690- (b) Subchapter Y, Chapter 43, Local Government Code, is
691- repealed.
692- (c) Sections 8374.252(a), 8375.252(a), 8376.252(a),
693- 8377.252(a), 8378.252(a), 8382.252(a), 8383.252(a), 8384.252(a),
694- 8385.252(a), and 8477.302(a), Special District Local Laws Code, are
695- repealed.
696- (d) Section 5.701(n)(6), Water Code, is repealed.
697- SECTION 35. The changes in law made by this Act apply only
978+ For the purposes of Section 43.003(2) [43.021(2)], Local Government
979+ Code, or other law, including a municipal charter or ordinance
980+ relating to annexation, an area adjacent to the district or any new
981+ district created by the division of the district is considered
982+ adjacent to a municipality in whose corporate limits or
983+ extraterritorial jurisdiction any of the land in the area described
984+ by Section 2 of the Act creating this chapter is located.
985+ SECTION 44. (a) Sections 43.036, 43.0546, 43.056(d), (h),
986+ and (p), 43.0565, 43.0567, 43.1025(e) and (g), and 43.906, Local
987+ Government Code, are repealed.
988+ (b) Section 5.701(n)(6), Water Code, is repealed.
989+ (c) The repeal of Section 43.036, Local Government Code, by
990+ this Act does not affect a boundary change agreement entered into
991+ under that section, the release and transfer of area under a
992+ boundary change agreement entered into under that section, or the
993+ requirements related to a boundary change agreement entered into
994+ under that section.
995+ (d) The repeal of Sections 43.056(d), (h), and (p) and
996+ Sections 43.0565 and 43.0567, Local Government Code, by this Act
997+ and the change in law made by this Act to Section 43.056(l), Local
998+ Government Code, do not affect a right, requirement, limitation, or
999+ remedy provided for under those sections and applicable in an area
1000+ annexed by a municipality for which the first hearing notice
1001+ required by Section 43.0561 or 43.063, Local Government Code, as
1002+ applicable, was published before September 1, 2017.
1003+ SECTION 45. The changes in law made by this Act apply only
6981004 to the annexation of an area that is not final on the effective date
6991005 of this Act. An annexation of an area that was final before the
7001006 effective date of this Act is governed by those portions of Chapter
7011007 43, Local Government Code, that relate to post-annexation
7021008 procedures and requirements in effect immediately before the
7031009 effective date of this Act, and that law is continued in effect for
7041010 that purpose.
705- SECTION 36. This Act takes effect September 1, 2017.
706- * * * * *
1011+ SECTION 46. This Act takes effect September 1, 2017.