Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB104 Compare Versions

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1	1	85S10272 SCL-D
2	2	By: Menéndez S.B. No. 104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal annexation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 43.001, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 43.001. DEFINITIONS [DEFINITION]. In this chapter:
12	12	(1) "Extraterritorial [, "extraterritorial]
13	13	jurisdiction" means extraterritorial jurisdiction as determined
14	14	under Chapter 42.
15	15	(2) "Tier 1 county" means a county with a population of
16	16	less than 500,000.
17	17	(3) "Tier 2 county" means a county with a population of
18	18	500,000 or more.
19	19	(4) "Tier 1 municipality" means a municipality wholly
20	20	located in one or more tier 1 counties that proposes to annex an
21	21	area wholly located in one or more tier 1 counties.
22	22	(5) "Tier 2 municipality" means a municipality:
23	23	(A) wholly or partly located in a tier 2 county;
24	24	or
25	25	(B) wholly located in one or more tier 1 counties
26	26	that proposes to annex an area wholly or partly located in a tier 2
27	27	county.
28	28	SECTION 2. Section 43.002, Local Government Code, is
29	29	amended by adding Subsection (e) to read as follows:
30	30	(e) Notwithstanding Subsection (c) and until the 20th
31	31	anniversary of the date of the annexation of an area that includes a
32	32	permanent retail structure, a municipality may not prohibit a
33	33	person from continuing to use the structure for the indoor seasonal
34	34	sale of retail goods if the structure:
35	35	(1) is more than 5,000 square feet; and
36	36	(2) was authorized under the laws of this state to be
37	37	used for the indoor seasonal sale of retail goods on the effective
38	38	date of the annexation.
39	39	SECTION 3. Section 43.021, Local Government Code, is
40	40	transferred to Subchapter A, Chapter 43, Local Government Code,
41	41	redesignated as Section 43.003, Local Government Code, and amended
42	42	to read as follows:
43	43	Sec. 43.003 [43.021]. AUTHORITY OF HOME-RULE MUNICIPALITY
44	44	TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A
45	45	home-rule municipality may take the following actions according to
46	46	rules as may be provided by the charter of the municipality and not
47	47	inconsistent with the requirements [procedural rules] prescribed
48	48	by this chapter:
49	49	(1) fix the boundaries of the municipality;
50	50	(2) extend the boundaries of the municipality and
51	51	annex area adjacent to the municipality; and
52	52	(3) exchange area with other municipalities.
53	53	SECTION 4. Chapter 43, Local Government Code, is amended by
54	54	adding Subchapter A-1 to read as follows:
55	55	SUBCHAPTER A-1. GENERAL AUTHORITY TO ANNEX
56	56	Sec. 43.011. APPLICABILITY. This subchapter applies to:
57	57	(1) a tier 1 municipality; and
58	58	(2) notwithstanding Subchapter C-4 or C-5, a tier 2
59	59	municipality.
60	60	Sec. 43.0115. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX
61	61	ENCLAVES. (a) This section applies only to a municipality that:
62	62	(1) is wholly or partly located in a county in which a
63	63	majority of the population of two or more municipalities, each with
64	64	a population of 300,000 or more, are located; and
65	65	(2) proposes to annex an area that:
66	66	(A) is wholly surrounded by a municipality and
67	67	within the municipality's extraterritorial jurisdiction; and
68	68	(B) has fewer than 100 dwelling units.
69	69	(b) Notwithstanding any other law, the governing body of a
70	70	municipality by ordinance may annex an area without the consent of
71	71	any of the residents of, voters of, or owners of land in the area
72	72	under the procedures prescribed by Subchapter C-1.
73	73	Sec. 43.0116. AUTHORITY OF MUNICIPALITY TO ANNEX AREAS
74	74	SUBJECT TO CERTAIN AGREEMENTS. (a) This section applies only to
75	75	the annexation of an area that is:
76	76	(1) located in an industrial district designated by
77	77	the governing body of the municipality under Section 42.044;
78	78	(2) subject to a development agreement described by
79	79	Section 43.035; or
80	80	(3) subject to an agreement described by Section
81	81	43.0563.
82	82	(b) Notwithstanding any other law, a municipality may annex
83	83	all or part of an area to which this section applies under the
84	84	requirements applicable to a tier 1 municipality.
85	85	Sec. 43.0117. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR
86	86	MILITARY BASE. (a) In this section, "military base" means a
87	87	presently functioning federally owned or operated military
88	88	installation or facility.
89	89	(b) Notwithstanding any other law, a municipality may annex
90	90	any part of the area located within five miles of the boundaries of
91	91	a military base under the requirements applicable to a tier 1
92	92	municipality.
93	93	SECTION 5. Section 43.026, Local Government Code, is
94	94	transferred to Subchapter A-1, Chapter 43, Local Government Code,
95	95	as added by this Act, redesignated as Section 43.012, Local
96	96	Government Code, and amended to read as follows:
97	97	Sec. 43.012 [43.026]. AUTHORITY OF TYPE A GENERAL-LAW
98	98	MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A
99	99	general-law municipality by ordinance may annex area that the
100	100	municipality owns under the procedures prescribed by Subchapter
101	101	C-1. The ordinance must describe the area by metes and bounds and
102	102	must be entered in the minutes of the governing body.
103	103	SECTION 6. Section 43.027, Local Government Code, is
104	104	transferred to Subchapter A-1, Chapter 43, Local Government Code,
105	105	as added by this Act, redesignated as Section 43.013, Local
106	106	Government Code, and amended to read as follows:
107	107	Sec. 43.013 [43.027]. AUTHORITY OF [GENERAL-LAW]
108	108	MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a
109	109	[general-law] municipality by ordinance may annex any navigable
110	110	stream adjacent to the municipality and within the municipality's
111	111	extraterritorial jurisdiction under the procedures prescribed by
112	112	Subchapter C-1.
113	113	SECTION 7. Section 43.051, Local Government Code, is
114	114	transferred to Subchapter A-1, Chapter 43, Local Government Code,
115	115	as added by this Act, and redesignated as Section 43.014, Local
116	116	Government Code, to read as follows:
117	117	Sec. 43.014 [43.051]. AUTHORITY TO ANNEX LIMITED TO
118	118	EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
119	119	in its extraterritorial jurisdiction unless the municipality owns
120	120	the area.
121	121	SECTION 8. Section 43.031, Local Government Code, is
122	122	transferred to Subchapter A-1, Chapter 43, Local Government Code,
123	123	as added by this Act, and redesignated as Section 43.015, Local
124	124	Government Code, to read as follows:
125	125	Sec. 43.015 [43.031]. AUTHORITY OF ADJACENT MUNICIPALITIES
126	126	TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may
127	127	make mutually agreeable changes in their boundaries of areas that
128	128	are less than 1,000 feet in width.
129	129	SECTION 9. Section 43.035, Local Government Code, is
130	130	transferred to Subchapter A-1, Chapter 43, Local Government Code,
131	131	as added by this Act, redesignated as Section 43.016, Local
132	132	Government Code, and amended to read as follows:
133	133	Sec. 43.016 [43.035]. AUTHORITY OF MUNICIPALITY TO ANNEX
134	134	AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS
135	135	TIMBER LAND. (a) This section applies only to an area:
136	136	(1) eligible to be the subject of a development
137	137	agreement under Subchapter G, Chapter 212; and
138	138	(2) appraised for ad valorem tax purposes as land for
139	139	agricultural or wildlife management use under Subchapter C or D,
140	140	Chapter 23, Tax Code, or as timber land under Subchapter E of that
141	141	chapter.
142	142	(b) A municipality may not annex an area to which this
143	143	section applies unless:
144	144	(1) the municipality offers to make a development
145	145	agreement with the landowner under Section 212.172 that would:
146	146	(A) guarantee the continuation of the
147	147	extraterritorial status of the area; and
148	148	(B) authorize the enforcement of all regulations
149	149	and planning authority of the municipality that do not interfere
150	150	with the use of the area for agriculture, wildlife management, or
151	151	timber; and
152	152	(2) the landowner declines to make the agreement
153	153	described by Subdivision (1).
154	154	(c) For purposes of Section 43.003(2) [43.021(2)] or
155	155	another law, including a municipal charter or ordinance, relating
156	156	to municipal authority to annex an area adjacent to the
157	157	municipality, an area adjacent or contiguous to an area that is the
158	158	subject of a development agreement described by Subsection (b)(1)
159	159	is considered adjacent or contiguous to the municipality.
160	160	(d) A provision of a development agreement described by
161	161	Subsection (b)(1) that restricts or otherwise limits the annexation
162	162	of all or part of the area that is the subject of the agreement is
163	163	void if the landowner files any type of subdivision plat or related
164	164	development document for the area with a governmental entity that
165	165	has jurisdiction over the area, regardless of how the area is
166	166	appraised for ad valorem tax purposes.
167	167	(e) A development agreement described by Subsection (b)(1)
168	168	is not a permit for purposes of Chapter 245.
169	169	SECTION 10. Section 43.037, Local Government Code, is
170	170	transferred to Subchapter A-1, Chapter 43, Local Government Code,
171	171	as added by this Act, redesignated as Section 43.017, Local
172	172	Government Code, and amended to read as follows:
173	173	Sec. 43.017 [43.037]. PROHIBITION AGAINST ANNEXATION TO
174	174	SURROUND MUNICIPALITY IN CERTAIN COUNTIES. (a) A municipality
175	175	with a population of more than 175,000 located in a county that
176	176	contains an international border and borders the Gulf of Mexico may
177	177	not annex an area that would cause another municipality to be
178	178	entirely surrounded by the corporate limits or extraterritorial
179	179	jurisdiction of the annexing municipality.
180	180	(b) A municipality described by Subsection (a) to which
181	181	Section 42.0235 applies and a neighboring municipality may waive
182	182	Subsection (a) if the governing body of each municipality adopts,
183	183	on or after December 1, 2017, a resolution stating that this section
184	184	is waived.
185	185	SECTION 11. The heading to Subchapter B, Chapter 43, Local
186	186	Government Code, is amended to read as follows:
187	187	SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX: TIER 1 MUNICIPALITIES
188	188	SECTION 12. Subchapter B, Chapter 43, Local Government
189	189	Code, is amended by adding Section 43.0205 to read as follows:
190	190	Sec. 43.0205. APPLICABILITY. This subchapter applies only
191	191	to a tier 1 municipality.
192	192	SECTION 13. The heading to Subchapter C, Chapter 43, Local
193	193	Government Code, is amended to read as follows:
194	194	SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
195	195	MUNICIPAL ANNEXATION PLAN: TIER 1 MUNICIPALITIES
196	196	SECTION 14. Subchapter C, Chapter 43, Local Government
197	197	Code, is amended by adding Section 43.0505 to read as follows:
198	198	Sec. 43.0505. APPLICABILITY. (a) Except as provided by
199	199	Subsection (b), this subchapter applies only to a tier 1
200	200	municipality.
201	201	(b) Unless otherwise specifically provided by this chapter,
202	202	this subchapter does not apply to a tier 2 municipality.
203	203	SECTION 15. Section 43.052(h), Local Government Code, is
204	204	amended to read as follows:
205	205	(h) This section does not apply to an area proposed for
206	206	annexation if:
207	207	(1) the area contains fewer than 100 separate tracts
208	208	of land on which one or more residential dwellings are located on
209	209	each tract;
210	210	(2) the area will be annexed by petition of more than
211	211	50 percent of the real property owners in the area proposed for
212	212	annexation or by vote or petition of the qualified voters or real
213	213	property owners as provided by Subchapter B;
214	214	(3) the area is or was the subject of:
215	215	(A) an industrial district contract under
216	216	Section 42.044; or
217	217	(B) a strategic partnership agreement under
218	218	Section 43.0751;
219	219	(4) the area is located in a colonia, as that term is
220	220	defined by Section 2306.581, Government Code;
221	221	(5) the area is annexed under Section 43.012, 43.013,
222	222	43.015 [43.026, 43.027], or 43.029[, or 43.031];
223	223	(6) the area is located completely within the
224	224	boundaries of a closed military installation; or
225	225	(7) the municipality determines that the annexation of
226	226	the area is necessary to protect the area proposed for annexation or
227	227	the municipality from:
228	228	(A) imminent destruction of property or injury to
229	229	persons; or
230	230	(B) a condition or use that constitutes a public
231	231	or private nuisance as defined by background principles of nuisance
232	232	and property law of this state.
233	233	SECTION 16. Section 43.054(a), Local Government Code, is
234	234	amended to read as follows:
235	235	(a) A municipality [with a population of less than 1.6
236	236	million] may not annex a publicly or privately owned area,
237	237	including a strip of area following the course of a road, highway,
238	238	river, stream, or creek, unless the width of the area at its
239	239	narrowest point is at least 1,000 feet.
240	240	SECTION 17. Sections 43.056(l) and (n), Local Government
241	241	Code, are amended to read as follows:
242	242	(l) A service plan is valid for 10 years. Renewal of the
243	243	service plan is at the discretion of the municipality. [A person
244	244	residing or owning land in an annexed area in a municipality with a
245	245	population of 1.6 million or more may enforce a service plan by
246	246	petitioning the municipality for a change in policy or procedures
247	247	to ensure compliance with the service plan. If the municipality
248	248	fails to take action with regard to the petition, the petitioner may
249	249	request arbitration of the dispute under Section 43.0565.] A
250	250	person residing or owning land in an annexed area [in a municipality
251	251	with a population of less than 1.6 million] may enforce a service
252	252	plan by applying for a writ of mandamus not later than the second
253	253	anniversary of the date the person knew or should have known that
254	254	the municipality was not complying with the service plan. If a writ
255	255	of mandamus is applied for, the municipality has the burden of
256	256	proving that the services have been provided in accordance with the
257	257	service plan in question. If a court issues a writ under this
258	258	subsection, the court:
259	259	(1) must provide the municipality the option of
260	260	disannexing the area within a reasonable period specified by the
261	261	court;
262	262	(2) may require the municipality to comply with the
263	263	service plan in question before a reasonable date specified by the
264	264	court if the municipality does not disannex the area within the
265	265	period prescribed by the court under Subdivision (1);
266	266	(3) may require the municipality to refund to the
267	267	landowners of the annexed area money collected by the municipality
268	268	from those landowners for services to the area that were not
269	269	provided;
270	270	(4) may assess a civil penalty against the
271	271	municipality, to be paid to the state in an amount as justice may
272	272	require, for the period in which the municipality is not in
273	273	compliance with the service plan;
274	274	(5) may require the parties to participate in
275	275	mediation; and
276	276	(6) may require the municipality to pay the person's
277	277	costs and reasonable attorney's fees in bringing the action for the
278	278	writ.
279	279	(n) Before the second anniversary of the date an area is
280	280	included within the corporate boundaries of a municipality by
281	281	annexation, the municipality may not:
282	282	(1) prohibit the collection of solid waste in the area
283	283	by a privately owned solid waste management service provider; or
284	284	(2) offer [impose a fee for] solid waste management
285	285	services in the area unless a privately owned solid waste
286	286	management service provider is unavailable [on a person who
287	287	continues to use the services of a privately owned solid waste
288	288	management service provider].
289	289	SECTION 18. Section 43.0562(a), Local Government Code, is
290	290	amended to read as follows:
291	291	(a) After holding the hearings as provided by Section
292	292	43.0561:
293	293	(1) [if a municipality has a population of less than
294	294	1.6 million,] the municipality and the property owners of the area
295	295	proposed for annexation shall negotiate for the provision of
296	296	services to the area after annexation or for the provision of
297	297	services to the area in lieu of annexation under Section 43.0563; or
298	298	(2) if a municipality proposes to annex a special
299	299	district, as that term is defined by Section 43.052, the
300	300	municipality and the governing body of the district shall negotiate
301	301	for the provision of services to the area after annexation or for
302	302	the provision of services to the area in lieu of annexation under
303	303	Section 43.0751.
304	304	SECTION 19. Section 43.0563(a), Local Government Code, is
305	305	amended to read as follows:
306	306	(a) The governing body of a municipality [with a population
307	307	of less than 1.6 million] may negotiate and enter into a written
308	308	agreement for the provision of services and the funding of the
309	309	services in an area with:
310	310	(1) representatives designated under Section
311	311	43.0562(b), if the area is included in the municipality's
312	312	annexation plan; or
313	313	(2) an owner of an area within the extraterritorial
314	314	jurisdiction of the municipality if the area is not included in the
315	315	municipality's annexation plan.
316	316	SECTION 20. The heading to Subchapter C-1, Chapter 43,
317	317	Local Government Code, is amended to read as follows:
318	318	SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
319	319	MUNICIPAL ANNEXATION PLAN: TIER 1 MUNICIPALITIES
320	320	SECTION 21. Section 43.061, Local Government Code, is
321	321	amended to read as follows:
322	322	Sec. 43.061. APPLICABILITY. (a) Except as provided by
323	323	Subsection (b), this [This] subchapter applies only to an area that
324	324	is proposed for annexation by a tier 1 municipality and that is not
325	325	required to be included in a municipal annexation plan under
326	326	Section 43.052(h) [43.052].
327	327	(b) Unless otherwise specifically provided by this chapter,
328	328	this subchapter does not apply to an area that is proposed for
329	329	annexation by a tier 2 municipality.
330	330	SECTION 22. Section 43.062(a), Local Government Code, is
331	331	amended to read as follows:
332	332	(a) Sections [43.051,] 43.054, 43.0545, 43.055, [43.0565,
333	333	43.0567,] and 43.057 apply to the annexation of an area to which
334	334	this subchapter applies.
335	335	SECTION 23. Section 43.064, Local Government Code, is
336	336	amended to read as follows:
337	337	Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION[;
338	338	EFFECTIVE DATE]. [(a)] The annexation of an area must be completed
339	339	within 90 days after the date the governing body institutes the
340	340	annexation proceedings or those proceedings are void. Any period
341	341	during which the municipality is restrained or enjoined by a court
342	342	from annexing the area is not included in computing the 90-day
343	343	period.
344	344	[(b) Notwithstanding any provision of a municipal charter
345	345	to the contrary, the governing body of a municipality with a
346	346	population of 1.6 million or more may provide that an annexation
347	347	take effect on any date within 90 days after the date of the
348	348	adoption of the ordinance providing for the annexation.]
349	349	SECTION 24. Chapter 43, Local Government Code, is amended
350	350	by adding Subchapter C-2 to read as follows:
351	351	SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES: TIER
352	352	2 MUNICIPALITIES
353	353	Sec. 43.066. APPLICABILITY. This subchapter applies only
354	354	to a tier 2 municipality.
355	355	Sec. 43.0661. PROVISION OF CERTAIN SERVICES TO ANNEXED
356	356	AREA. (a) This section applies only to a municipality that
357	357	includes solid waste collection services in the list of services
358	358	that will be provided in the area proposed for annexation on or
359	359	before the second anniversary of the effective date of the
360	360	annexation of the area under a written agreement under Section
361	361	43.0672 or a resolution under Section 43.0682 or 43.0692.
362	362	(b) A municipality is not required to provide solid waste
363	363	collection services to a person who continues to use the services of
364	364	a privately owned solid waste management service provider as
365	365	provided by Subsection (c).
366	366	(c) Before the second anniversary of the effective date of
367	367	the annexation of an area, a municipality may not:
368	368	(1) prohibit the collection of solid waste in the area
369	369	by a privately owned solid waste management service provider; or
370	370	(2) offer solid waste management services in the area
371	371	unless a privately owned solid waste management service provider is
372	372	unavailable.
373	373	Sec. 43.0663. EFFECT ON OTHER LAW. Subchapters C-3 through
374	374	C-5 do not affect the procedures described by Section 397.005 or
375	375	397.006 applicable to a defense community as defined by Section
376	376	397.001.
377	377	SECTION 25. Section 43.030, Local Government Code, is
378	378	transferred to Subchapter C-2, Chapter 43, Local Government Code,
379	379	as added by this Act, redesignated as Section 43.0662, Local
380	380	Government Code, and amended to read as follows:
381	381	Sec. 43.0662 [43.030]. AUTHORITY OF MUNICIPALITY WITH
382	382	POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL,
383	383	SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding
384	384	Subchapter C-4 or C-5, a [A] municipality that has a population of
385	385	74,000 to 99,700, that is located wholly or partly in a county with
386	386	a population of more than 1.8 million, and that completely
387	387	surrounds and is contiguous to a general-law municipality with a
388	388	population of less than 600, may annex the general-law municipality
389	389	as provided by this section.
390	390	(b) The governing body of the smaller municipality may adopt
391	391	an ordinance ordering an election on the question of consenting to
392	392	the annexation of the smaller municipality by the larger
393	393	municipality. The governing body of the smaller municipality shall
394	394	adopt the ordinance if it receives a petition to do so signed by a
395	395	number of qualified voters of the municipality equal to at least 10
396	396	percent of the number of voters of the municipality who voted in the
397	397	most recent general election. If the ordinance ordering the
398	398	election is to be adopted as a result of a petition, the ordinance
399	399	shall be adopted within 30 days after the date the petition is
400	400	received.
401	401	(c) The ordinance ordering the election must provide for the
402	402	submission of the question at an election to be held on the first
403	403	uniform election date prescribed by Chapter 41, Election Code, that
404	404	occurs after the 30th day after the date the ordinance is adopted
405	405	and that affords enough time to hold the election in the manner
406	406	required by law.
407	407	(d) Within 10 days after the date on which the election is
408	408	held, the governing body of the smaller municipality shall canvass
409	409	the election returns and by resolution shall declare the results of
410	410	the election. If a majority of the votes received is in favor of the
411	411	annexation, the secretary of the smaller municipality or other
412	412	appropriate municipal official shall forward by certified mail to
413	413	the secretary of the larger municipality a certified copy of the
414	414	resolution.
415	415	(e) The larger municipality, within 90 days after the date
416	416	the resolution is received, must complete the annexation by
417	417	ordinance in accordance with its municipal charter or the general
418	418	laws of the state. If the annexation is not completed within the
419	419	90-day period, any annexation proceeding is void and the larger
420	420	municipality may not annex the smaller municipality under this
421	421	section. However, the failure to complete the annexation as
422	422	provided by this subsection does not prevent the smaller
423	423	municipality from holding a new election on the question to enable
424	424	the larger municipality to annex the smaller municipality as
425	425	provided by this section.
426	426	(f) If the larger municipality completes the annexation
427	427	within the prescribed period, the incorporation of the smaller
428	428	municipality is abolished. The records, public property, public
429	429	buildings, money on hand, credit accounts, and other assets of the
430	430	smaller municipality become the property of the larger municipality
431	431	and shall be turned over to the officers of that municipality. The
432	432	offices in the smaller municipality are abolished and the persons
433	433	holding those offices are not entitled to further remuneration or
434	434	compensation. All outstanding liabilities of the smaller
435	435	municipality are assumed by the larger municipality.
436	436	(g) In the annexation ordinance, the larger municipality
437	437	shall adopt, for application in the area zoned by the smaller
438	438	municipality, the identical comprehensive zoning ordinance that
439	439	the smaller municipality applied to the area at the time of the
440	440	election. Any attempted annexation of the smaller municipality
441	441	that does not include the adoption of that comprehensive zoning
442	442	ordinance is void. That comprehensive zoning ordinance may not be
443	443	repealed or amended for a period of 10 years unless the written
444	444	consent of the landowners who own at least two-thirds of the surface
445	445	land of the annexed smaller municipality is obtained.
446	446	(h) If the annexed smaller municipality has on hand any bond
447	447	funds for public improvements that are not appropriated or
448	448	contracted for, the funds shall be kept in a separate special fund
449	449	to be used only for public improvements in the area for which the
450	450	bonds were voted.
451	451	(i) On the annexation, all claims, fines, debts, or taxes
452	452	due and payable to the smaller municipality become due and payable
453	453	to the larger municipality and shall be collected by it. If taxes
454	454	for the year in which the annexation occurs have been assessed in
455	455	the smaller municipality before the annexation, the amounts
456	456	assessed remain as the amounts due and payable from the inhabitants
457	457	of the smaller municipality for that year.
458	458	(j) This section does not affect a charter provision of a
459	459	home-rule municipality. This section grants additional power to
460	460	the municipality and is cumulative of the municipal charter.
461	461	SECTION 26. Chapter 43, Local Government Code, is amended
462	462	by adding Subchapters C-3, C-4, and C-5 to read as follows:
463	463	SUBCHAPTER C-3. ANNEXATION OF AREA ON REQUEST OF OWNERS: TIER 2
464	464	MUNICIPALITIES
465	465	Sec. 43.067. APPLICABILITY. This subchapter applies only
466	466	to a tier 2 municipality.
467	467	Sec. 43.0671. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS.
468	468	Notwithstanding Subchapter C-4 or C-5, a municipality may annex an
469	469	area if each owner of land in the area requests the annexation.
470	470	Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES. (a)
471	471	The governing body of the municipality that elects to annex an area
472	472	under this subchapter must first negotiate and enter into a written
473	473	agreement with the owners of land in the area for the provision of
474	474	services in the area.
475	475	(b) The agreement must include:
476	476	(1) a list of each service the municipality will
477	477	provide on the effective date of the annexation; and
478	478	(2) a schedule that includes the period within which
479	479	the municipality will provide each service that is not provided on
480	480	the effective date of the annexation.
481	481	(c) The municipality is not required to provide a service
482	482	that is not included in the agreement.
483	483	Sec. 43.0673. PUBLIC HEARINGS. (a) Before a municipality
484	484	may adopt an ordinance annexing an area under this section, the
485	485	governing body of the municipality must conduct at least two public
486	486	hearings.
487	487	(b) The hearings must be conducted not less than 10 business
488	488	days apart.
489	489	(c) During the first public hearing, the governing body must
490	490	provide persons interested in the annexation the opportunity to be
491	491	heard. During the final public hearing, the governing body may
492	492	adopt an ordinance annexing the area.
493	493	(d) The municipality must post notice of the hearings on the
494	494	municipality's Internet website if the municipality has an Internet
495	495	website and publish notice of the hearings in a newspaper of general
496	496	circulation in the municipality and in the area proposed for
497	497	annexation. The notice for each hearing must be published at least
498	498	once on or after the 20th day but before the 10th day before the date
499	499	of the hearing. The notice for each hearing must be posted on the
500	500	municipality's Internet website on or after the 20th day but before
501	501	the 10th day before the date of the hearing and must remain posted
502	502	until the date of the hearing.
503	503	SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN
504	504	200: TIER 2 MUNICIPALITIES
505	505	Sec. 43.068. APPLICABILITY. This subchapter applies only
506	506	to a tier 2 municipality.
507	507	Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex
508	508	an area with a population of less than 200 only if the municipality
509	509	obtains consent to annex the area through a petition signed by more
510	510	than 50 percent of the registered voters of the area.
511	511	Sec. 43.0682. RESOLUTION. The governing body of the
512	512	municipality that proposes to annex an area under this subchapter
513	513	must adopt a resolution that includes:
514	514	(1) a statement of the municipality's intent to annex
515	515	the area;
516	516	(2) a detailed description and map of the area;
517	517	(3) a description of each service to be provided by the
518	518	municipality in the area on or after the effective date of the
519	519	annexation, including, as applicable:
520	520	(A) police protection;
521	521	(B) fire protection;
522	522	(C) emergency medical services;
523	523	(D) solid waste collection;
524	524	(E) operation and maintenance of water and
525	525	wastewater facilities in the annexed area;
526	526	(F) operation and maintenance of roads and
527	527	streets, including road and street lighting;
528	528	(G) operation and maintenance of parks,
529	529	playgrounds, and swimming pools; and
530	530	(H) operation and maintenance of any other
531	531	publicly owned facility, building, or service;
532	532	(4) a list of each service the municipality will
533	533	provide on the effective date of the annexation; and
534	534	(5) a schedule that includes the period within which
535	535	the municipality will provide each service that is not provided on
536	536	the effective date of the annexation.
537	537	Sec. 43.0683. NOTICE OF PROPOSED ANNEXATION. Not later
538	538	than the seventh day after the date the governing body of the
539	539	municipality adopts the resolution under Section 43.0682, the
540	540	municipality must mail to each resident in the area proposed to be
541	541	annexed notification of the proposed annexation that includes:
542	542	(1) notice of the public hearing required by Section
543	543	43.0684;
544	544	(2) an explanation of the 180-day petition period
545	545	described by Section 43.0685; and
546	546	(3) a description, list, and schedule of services to
547	547	be provided by the municipality in the area on or after annexation
548	548	as provided by Section 43.0682.
549	549	Sec. 43.0684. PUBLIC HEARING. The governing body of a
550	550	municipality must conduct at least one public hearing not earlier
551	551	than the 21st day and not later than the 30th day after the date the
552	552	governing body adopts the resolution under Section 43.0682.
553	553	Sec. 43.0685. PETITION. (a) The petition required by
554	554	Section 43.0681 may be signed only by a registered voter of the area
555	555	proposed to be annexed.
556	556	(b) The municipality may collect signatures on the petition
557	557	only during the period beginning on the 31st day after the date the
558	558	governing body of the municipality adopts the resolution under
559	559	Section 43.0682 and ending on the 180th day after the date the
560	560	resolution is adopted.
561	561	(c) The petition must clearly state that a person signing
562	562	the petition is consenting to the proposed annexation.
563	563	(d) The petition must include a map of and describe the area
564	564	proposed to be annexed.
565	565	(e) Signatures collected on the petition must be in writing.
566	566	(f) Chapter 277, Election Code, applies to a petition under
567	567	this section.
568	568	Sec. 43.0686. RESULTS OF PETITION. (a) When the petition
569	569	period prescribed by Section 43.0685 ends, the petition shall be
570	570	verified by the municipal secretary or other person responsible for
571	571	verifying signatures. The municipality must notify the residents
572	572	of the area proposed to be annexed of the results of the petition.
573	573	(b) If the municipality does not obtain the number of
574	574	signatures on the petition required to annex the area, the
575	575	municipality may not annex the area and may not adopt another
576	576	resolution under Section 43.0682 to annex the area until the first
577	577	anniversary of the date the petition period ended.
578	578	(c) If the municipality obtains the number of signatures on
579	579	the petition required to annex the area, the municipality may annex
580	580	the area after:
581	581	(1) providing notice under Subsection (a);
582	582	(2) holding a public hearing at which members of the
583	583	public are given an opportunity to be heard; and
584	584	(3) holding a final public hearing not earlier than
585	585	the 10th day after the date of the public hearing under Subdivision
586	586	(2) at which the ordinance annexing the area may be adopted.
587	587	Sec. 43.0687. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
588	588	PETITION. If a petition protesting the annexation of an area under
589	589	this subchapter is signed by a number of registered voters of the
590	590	municipality proposing the annexation equal to at least 50 percent
591	591	of the number of voters who voted in the most recent municipal
592	592	election and is received by the secretary of the municipality
593	593	before the date the petition period prescribed by Section 43.0685
594	594	ends, the municipality may not complete the annexation of the area
595	595	without approval of a majority of the voters of the municipality
596	596	voting at an election called and held for that purpose.
597	597	Sec. 43.0688. RETALIATION FOR ANNEXATION DISAPPROVAL
598	598	PROHIBITED. (a) The disapproval of the proposed annexation of an
599	599	area under this subchapter does not affect any existing legal
600	600	obligation of the municipality proposing the annexation to continue
601	601	to provide governmental services in the area, including water or
602	602	wastewater services.
603	603	(b) The municipality may not initiate a rate proceeding
604	604	solely because of the disapproval of a proposed annexation of an
605	605	area under this subchapter.
606	606	SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST
607	607	200: TIER 2 MUNICIPALITIES
608	608	Sec. 43.069. APPLICABILITY. This subchapter applies only
609	609	to a tier 2 municipality.
610	610	Sec. 43.0691. AUTHORITY TO ANNEX. (a) A municipality may
611	611	annex an area with a population of 200 or more only if the
612	612	municipality holds an election at which the qualified voters of the
613	613	area proposed to be annexed and the municipality may vote on the
614	614	question of the annexation and a majority of the votes received at
615	615	the election approve the annexation.
616	616	(b) In addition to the conditions under Subsection (a), a
617	617	municipality with a population of 1.8 million or more may annex an
618	618	area described by Subsection (a) only if the municipality provides
619	619	full municipal police and fire services to the area on the date the
620	620	area is annexed.
621	621	Sec. 43.0692. RESOLUTION. The governing body of the
622	622	municipality that proposes to annex an area under this subchapter
623	623	must adopt a resolution that includes:
624	624	(1) a statement of the municipality's intent to annex
625	625	the area;
626	626	(2) a detailed description and map of the area;
627	627	(3) a description of each service to be provided by the
628	628	municipality in the area on or after the effective date of the
629	629	annexation, including, as applicable:
630	630	(A) police protection;
631	631	(B) fire protection;
632	632	(C) emergency medical services;
633	633	(D) solid waste collection;
634	634	(E) operation and maintenance of water and
635	635	wastewater facilities in the annexed area;
636	636	(F) operation and maintenance of roads and
637	637	streets, including road and street lighting;
638	638	(G) operation and maintenance of parks,
639	639	playgrounds, and swimming pools; and
640	640	(H) operation and maintenance of any other
641	641	publicly owned facility, building, or service;
642	642	(4) a list of each service the municipality will
643	643	provide on the effective date of the annexation; and
644	644	(5) a schedule that includes the period within which
645	645	the municipality will provide each service that is not provided on
646	646	the effective date of the annexation.
647	647	Sec. 43.0693. NOTICE OF PROPOSED ANNEXATION. Not later
648	648	than the seventh day after the date the governing body of the
649	649	municipality adopts the resolution under Section 43.0692, the
650	650	municipality must mail to each property owner in the area proposed
651	651	to be annexed notification of the proposed annexation that
652	652	includes:
653	653	(1) notice of the public hearings required by Section
654	654	43.0694;
655	655	(2) notice that an election on the question of
656	656	annexing the area will be held; and
657	657	(3) a description, list, and schedule of services to
658	658	be provided by the municipality in the area on or after annexation
659	659	as provided by Section 43.0692.
660	660	Sec. 43.0694. PUBLIC HEARINGS. (a) The governing body of a
661	661	municipality must conduct an initial public hearing not earlier
662	662	than the 21st day and not later than the 30th day after the date the
663	663	governing body adopts the resolution under Section 43.0692.
664	664	(b) The governing body must conduct at least one additional
665	665	public hearing not earlier than the 31st day and not later than the
666	666	90th day after the date the governing body adopts a resolution under
667	667	Section 43.0692.
668	668	(c) The municipality must post notice of the hearings on the
669	669	municipality's Internet website if the municipality has an Internet
670	670	website and publish notice of the hearings in a newspaper of general
671	671	circulation in the municipality and in the area proposed for
672	672	annexation. The notice for each hearing must be published at least
673	673	once on or after the 20th day but before the 10th day before the date
674	674	of the hearing. The notice for each hearing must be posted on the
675	675	municipality's Internet website on or after the 20th day but before
676	676	the 10th day before the date of the hearing and must remain posted
677	677	until the date of the hearing.
678	678	Sec. 43.0695. ELECTION. (a) A municipality shall order an
679	679	election on the question of annexing an area to be held on the first
680	680	uniform election date that falls on or after the 90th day after the
681	681	date the governing body of the municipality adopts the resolution
682	682	under Section 43.0692.
683	683	(b) An election under this section shall be held in the same
684	684	manner as general elections of the municipality. The municipality
685	685	shall pay for the costs of holding the election.
686	686	(c) A municipality that holds an election under this section
687	687	may not hold another election on the question of annexation before
688	688	the corresponding uniform election date of the following year.
689	689	Sec. 43.0696. RESULTS OF ELECTION. (a) Following an
690	690	election held under this subchapter, the municipality must notify
691	691	the residents of the area proposed to be annexed and of the
692	692	municipality of the results of the election.
693	693	(b) If at the election held under this subchapter a majority
694	694	of qualified voters do not approve the proposed annexation, the
695	695	municipality may not annex the area and may not adopt another
696	696	resolution under Section 43.0692 to annex the area until the first
697	697	anniversary of the date of the adoption of the resolution.
698	698	(c) If at the election held under this subchapter a majority
699	699	of qualified voters approve the proposed annexation, the
700	700	municipality may annex the area after:
701	701	(1) providing notice under Subsection (a);
702	702	(2) holding a public hearing at which members of the
703	703	public are given an opportunity to be heard; and
704	704	(3) holding a final public hearing not earlier than
705	705	the 10th day after the date of the public hearing under Subdivision
706	706	(2) at which the ordinance annexing the area may be adopted.
707	707	Sec. 43.0697. RETALIATION FOR ANNEXATION DISAPPROVAL
708	708	PROHIBITED. (a) The disapproval of the proposed annexation of an
709	709	area under this subchapter does not affect any existing legal
710	710	obligation of the municipality proposing the annexation to continue
711	711	to provide governmental services in the area, including water or
712	712	wastewater services.
713	713	(b) The municipality may not initiate a rate proceeding
714	714	solely because of the disapproval of a proposed annexation of an
715	715	area under this subchapter.
716	716	SECTION 27. Sections 43.0715(b) and (c), Local Government
717	717	Code, are amended to read as follows:
718	718	(b) If a municipality with a population of less than 1.5
719	719	million annexes a special district for full or limited purposes and
720	720	the annexation precludes or impairs the ability of the district to
721	721	issue bonds, the municipality shall, prior to the effective date of
722	722	the annexation, pay in cash to the landowner or developer of the
723	723	district a sum equal to all actual costs and expenses incurred by
724	724	the landowner or developer in connection with the district that the
725	725	district has, in writing, agreed to pay and that would otherwise
726	726	have been eligible for reimbursement from bond proceeds under the
727	727	rules and requirements of the Texas [Natural Resource Conservation]
728	728	Commission on Environmental Quality as such rules and requirements
729	729	exist on the date of annexation. [For an annexation that is subject
730	730	to preclearance by a federal authority, a payment will be
731	731	considered timely if the municipality: (i) escrows the
732	732	reimbursable amounts determined in accordance with Subsection (c)
733	733	prior to the effective date of the annexation; and (ii)
734	734	subsequently causes the escrowed funds and accrued interest to be
735	735	disbursed to the developer within five business days after the
736	736	municipality receives notice of the preclearance.]
737	737	(c) At the time notice of the municipality's intent to annex
738	738	the land within the district is first given [published] in
739	739	accordance with Section 43.052, 43.0683, or 43.0693, as applicable,
740	740	the municipality shall proceed to initiate and complete a report
741	741	for each developer conducted in accordance with the format approved
742	742	by the Texas [Natural Resource Conservation] Commission on
743	743	Environmental Quality for audits. In the event the municipality is
744	744	unable to complete the report prior to the effective date of the
745	745	annexation as a result of the developer's failure to provide
746	746	information to the municipality which cannot be obtained from other
747	747	sources, the municipality shall obtain from the district the
748	748	estimated costs of each project previously undertaken by a
749	749	developer which are eligible for reimbursement. The amount of such
750	750	costs, as estimated by the district, shall be escrowed by the
751	751	municipality for the benefit of the persons entitled to receive
752	752	payment in an insured interest-bearing account with a financial
753	753	institution authorized to do business in the state. To compensate
754	754	the developer for the municipality's use of the infrastructure
755	755	facilities pending the determination of the reimbursement amount
756	756	[or federal preclearance], all interest accrued on the escrowed
757	757	funds shall be paid to the developer whether or not the annexation
758	758	is valid. Upon placement of the funds in the escrow account, the
759	759	annexation may become effective. In the event a municipality
760	760	timely escrows all estimated reimbursable amounts as required by
761	761	this subsection and all such amounts, determined to be owed,
762	762	including interest, are subsequently disbursed to the developer
763	763	within five days of final determination in immediately available
764	764	funds as required by this section, no penalties or interest shall
765	765	accrue during the pendency of the escrow. Either the municipality
766	766	or developer may, by written notice to the other party, require
767	767	disputes regarding the amount owed under this section to be subject
768	768	to nonbinding arbitration in accordance with the rules of the
769	769	American Arbitration Association.
770	770	SECTION 28. Section 43.0751, Local Government Code, is
771	771	amended by amending Subsection (h) and adding Subsections (s) and
772	772	(t) to read as follows:
773	773	(h) On the full-purpose annexation conversion date set
774	774	forth in the strategic partnership agreement pursuant to Subsection
775	775	(f)(5) [(f)(5)(A)], the land included within the boundaries of the
776	776	district shall be deemed to be within the full-purpose boundary
777	777	limits of the municipality without the need for further action by
778	778	the governing body of the municipality. The full-purpose
779	779	annexation conversion date established by a strategic partnership
780	780	agreement may be altered only by mutual agreement of the district
781	781	and the municipality. However, nothing herein shall prevent the
782	782	municipality from terminating the agreement and instituting
783	783	proceedings to annex the district, on request by the governing body
784	784	of the district, on any date prior to the full-purpose annexation
785	785	conversion date established by the strategic partnership agreement
786	786	under the procedures applicable to a tier 1 municipality. Land
787	787	annexed for limited or full purposes under this section shall not be
788	788	included in calculations prescribed by Section 43.055(a).
789	789	(s) Notwithstanding any other law and except as provided by
790	790	Subsection (t), the procedures prescribed by Subchapters C-3, C-4,
791	791	and C-5 do not apply to the annexation of an area under this
792	792	section. Except as provided by Subsections (h) and (t), a
793	793	municipality shall follow the procedures established under the
794	794	strategic partnership agreement for full-purpose annexation of an
795	795	area under this section.
796	796	(t) This subsection applies only to a municipality with a
797	797	population of less than 850,000 that is served by a municipally
798	798	owned electric utility with 400,000 or more customers and that is
799	799	wholly or partly located in a tier 2 county. Notwithstanding the
800	800	provisions of this section, a municipality that annexes an area
801	801	under a strategic partnership agreement executed on or after
802	802	September 1, 2009, must annex the area in compliance with
803	803	Subchapter C-3, C-4, or C-5.
804	804	SECTION 29. The heading to Section 43.101, Local Government
805	805	Code, is amended to read as follows:
806	806	Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR [BY
807	807	GENERAL-LAW MUNICIPALITY].
808	808	SECTION 30. Section 43.101(c), Local Government Code, is
809	809	amended to read as follows:
810	810	(c) The area may be annexed without the consent of any [the]
811	811	owners or residents of the area under the procedures applicable to a
812	812	tier 1 municipality by:
813	813	(1) a tier 1 municipality; and
814	814	(2) if there are no owners other than the municipality
815	815	or residents of the area, a tier 2 municipality.
816	816	SECTION 31. Section 43.102(c), Local Government Code, is
817	817	amended to read as follows:
818	818	(c) The area may be annexed without the consent of any [the]
819	819	owners or residents of the area under the procedures applicable to a
820	820	tier 1 municipality by:
821	821	(1) a tier 1 municipality; and
822	822	(2) if there are no owners other than the municipality
823	823	or residents of the area, a tier 2 municipality.
824	824	SECTION 32. Section 43.1025(c), Local Government Code, is
825	825	amended to read as follows:
826	826	(c) The area described by Subsection (b) may be annexed
827	827	under the requirements applicable to a tier 2 municipality [without
828	828	the consent of the owners or residents of the area], but the
829	829	annexation may not occur unless each municipality in whose
830	830	extraterritorial jurisdiction the area may be located:
831	831	(1) consents to the annexation; and
832	832	(2) reduces its extraterritorial jurisdiction over
833	833	the area as provided by Section 42.023.
834	834	SECTION 33. The heading to Section 43.103, Local Government
835	835	Code, is amended to read as follows:
836	836	Sec. 43.103. ANNEXATION OF STREETS, HIGHWAYS, AND OTHER
837	837	WAYS BY GENERAL-LAW TIER 1 MUNICIPALITIES [MUNICIPALITY].
838	838	SECTION 34. Section 43.103(a), Local Government Code, is
839	839	amended to read as follows:
840	840	(a) A general-law tier 1 municipality with a population of
841	841	500 or more may annex, by ordinance and without the consent of any
842	842	person, the part of a street, highway, alley, or other public or
843	843	private way, including a railway line, spur, or roadbed, that is
844	844	adjacent and runs parallel to the boundaries of the municipality.
845	845	SECTION 35. Section 43.105, Local Government Code, is
846	846	amended by amending Subsection (a) and adding Subsection (a-1) to
847	847	read as follows:
848	848	(a) This section applies only to:
849	849	(1) a [A] general-law tier 1 municipality that:
850	850	(A) has a population of 1,066-1,067;
851	851	(B) [and] is located in a county with a
852	852	population of 85,000 or more; and
853	853	(C) [that] is not adjacent to a county with a
854	854	population of 2 million or more;[,] or
855	855	(2) a general-law tier 1 municipality that has a
856	856	population of 6,000-6,025.
857	857	(a-1) Subject to Section 43.1055, a municipality described
858	858	by Subsection (a) may annex, by ordinance and without the consent of
859	859	any person, a public street, highway, road, or alley adjacent to the
860	860	municipality.
861	861	SECTION 36. Subchapter E, Chapter 43, Local Government
862	862	Code, is amended by adding Section 43.1055 to read as follows:
863	863	Sec. 43.1055. ANNEXATION OF ROADS AND RIGHTS-OF-WAY IN
864	864	CERTAIN LARGE COUNTIES. Notwithstanding any other law, a tier 2
865	865	municipality may by ordinance annex a road or the right-of-way of a
866	866	road on request of the owner of the road or right-of-way or the
867	867	governing body of the political subdivision that maintains the road
868	868	or right-of-way under the procedures applicable to a tier 1
869	869	municipality.
870	870	SECTION 37. Sections 43.121(a) and (c), Local Government
871	871	Code, are amended to read as follows:
872	872	(a) Subject to Section 43.1211, the [The] governing body of
873	873	a home-rule municipality with more than 225,000 inhabitants by
874	874	ordinance may annex an area for the limited purposes of applying its
875	875	planning, zoning, health, and safety ordinances in the area.
876	876	(c) The provisions of this subchapter, other than Sections
877	877	43.1211 and [Section] 43.136, do not affect the authority of a
878	878	municipality to annex an area for limited purposes under Section
879	879	43.136 or any other statute granting the authority to annex for
880	880	limited purposes.
881	881	SECTION 38. Subchapter F, Chapter 43, Local Government
882	882	Code, is amended by adding Section 43.1211 to read as follows:
883	883	Sec. 43.1211. AUTHORITY OF CERTAIN TIER 2 MUNICIPALITIES TO
884	884	ANNEX FOR LIMITED PURPOSES. Except as provided by Section 43.0751,
885	885	beginning December 1, 2017, a tier 2 municipality described by
886	886	Section 43.121(a) may annex an area for the limited purposes of
887	887	applying its planning, zoning, health, and safety ordinances in the
888	888	area using the procedures under Subchapter C-3, C-4, or C-5, as
889	889	applicable.
890	890	SECTION 39. Sections 43.141(a) and (b), Local Government
891	891	Code, are amended to read as follows:
892	892	(a) A majority of the qualified voters of an annexed area
893	893	may petition the governing body of the municipality to disannex the
894	894	area if the municipality fails or refuses to provide services or to
895	895	cause services to be provided to the area:
896	896	(1) if the municipality is a tier 1 municipality,
897	897	within the period specified by Section 43.056 or by the service plan
898	898	prepared for the area under that section; or
899	899	(2) if the municipality is a tier 2 municipality,
900	900	within the period specified by the written agreement under Section
901	901	43.0672 or the resolution under Section 43.0682 or 43.0692, as
902	902	applicable.
903	903	(b) If the governing body fails or refuses to disannex the
904	904	area within 60 days after the date of the receipt of the petition,
905	905	any one or more of the signers of the petition may bring a cause of
906	906	action in a district court of the county in which the area is
907	907	principally located to request that the area be disannexed. On the
908	908	filing of an answer by the governing body, and on application of
909	909	either party, the case shall be advanced and heard without further
910	910	delay in accordance with the Texas Rules of Civil Procedure. The
911	911	district court shall enter an order disannexing the area if the
912	912	court finds that a valid petition was filed with the municipality
913	913	and that the municipality failed to:
914	914	(1) perform its obligations in accordance with:
915	915	(A) the service plan under Section 43.056;
916	916	(B) the written agreement entered into under
917	917	Section 43.0672; or
918	918	(C) the resolution adopted under Section 43.0682
919	919	or 43.0692, as applicable; or
920	920	(2) [failed to] perform in good faith.
921	921	SECTION 40. Sections 43.203(a) and (b), Local Government
922	922	Code, are amended to read as follows:
923	923	(a) Notwithstanding any other law, the [The] governing body
924	924	of a district by resolution may petition a municipality to alter the
925	925	annexation status of land in the district from full-purpose
926	926	annexation to limited-purpose annexation.
927	927	(b) On receipt of the district's petition, the governing
928	928	body of the municipality shall enter into negotiations with the
929	929	district for an agreement to alter the status of annexation that
930	930	must:
931	931	(1) specify the period, which may not be less than 10
932	932	years beginning on January 1 of the year following the date of the
933	933	agreement, in which limited-purpose annexation is in effect;
934	934	(2) provide that, at the expiration of the period, the
935	935	district's annexation status will automatically revert to
936	936	full-purpose annexation without following procedures provided by
937	937	Sections 43.014 and 43.052 [43.051] through 43.055 or any other
938	938	procedural requirement for annexation not in effect on January 1,
939	939	1995; and
940	940	(3) specify the financial obligations of the district
941	941	during and after the period of limited-purpose annexation for:
942	942	(A) facilities constructed by the municipality
943	943	that are in or that serve the district;
944	944	(B) debt incurred by the district for water and
945	945	sewer infrastructure that will be assumed by the municipality at
946	946	the end of the period of limited-purpose annexation; and
947	947	(C) use of the municipal sales taxes collected by
948	948	the municipality for facilities or services in the district.
949	949	SECTION 41. Section 43.905(a), Local Government Code, is
950	950	amended to read as follows:
951	951	(a) A municipality that proposes to annex an area shall
952	952	provide written notice of the proposed annexation to each public
953	953	school district located in the area proposed for annexation within
954	954	the period prescribed for providing [publishing] the notice of the
955	955	first hearing under Section 43.0561, [or] 43.063, 43.0673, 43.0683,
956	956	or 43.0693, as applicable.
957	957	SECTION 42. Subchapter Z, Chapter 43, Local Government
958	958	Code, is amended by adding Section 43.9051 to read as follows:
959	959	Sec. 43.9051. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR
960	960	POLITICAL SUBDIVISIONS. (a) In this section, "public entity"
961	961	includes a county, fire protection service provider, including a
962	962	volunteer fire department, emergency medical services provider,
963	963	including a volunteer emergency medical services provider, or
964	964	special district, as that term is defined by Section 43.052.
965	965	(b) A municipality that proposes to annex an area shall
966	966	provide written notice of the proposed annexation within the period
967	967	prescribed for providing the notice of the first hearing under
968	968	Section 43.0561, 43.063, 43.0673, 43.0683, or 43.0693, as
969	969	applicable, to each public entity that is located in or provides
970	970	services to the area proposed for annexation.
971	971	(c) A municipality that proposes to enter into a strategic
972	972	partnership agreement under Section 43.0751 shall provide written
973	973	notice of the proposed agreement within the period prescribed for
974	974	providing the notice of the first hearing under Section 43.0751 to
975	975	each political subdivision that is located in or provides services
976	976	to the area subject to the proposed agreement.
977	977	(d) A notice to a public entity or political subdivision
978	978	shall contain a description of:
979	979	(1) the area proposed for annexation;
980	980	(2) any financial impact on the public entity or
981	981	political subdivision resulting from the annexation, including any
982	982	changes in the public entity's or political subdivision's revenues
983	983	or maintenance and operation costs; and
984	984	(3) any proposal the municipality has to abate,
985	985	reduce, or limit any financial impact on the public entity or
986	986	political subdivision.
987	987	(e) The municipality may not proceed with the annexation
988	988	unless the municipality provides the required notice under this
989	989	section.
990	990	SECTION 43. Section 8395.151, Special District Local Laws
991	991	Code, is amended to read as follows:
992	992	Sec. 8395.151. ANNEXATION BY MUNICIPALITY. (a) The
993	993	governing body of a [A] municipality that plans to [may] annex all
994	994	or part of the district first must adopt a resolution of intention
995	995	to annex all or part of the district and transmit that resolution to
996	996	the district and the following districts:
997	997	(1) Travis County Municipal Utility District No. 4;
998	998	(2) Travis County Municipal Utility District No. 5;
999	999	(3) Travis County Municipal Utility District No. 6;
1000	1000	(4) Travis County Municipal Utility District No. 7;
1001	1001	(5) Travis County Municipal Utility District No. 8;
1002	1002	(6) Travis County Municipal Utility District No. 9;
1003	1003	and
1004	1004	(7) Travis County Water Control and Improvement
1005	1005	District No. 19.
1006	1006	(b) On receipt of a resolution described by Subsection (a),
1007	1007	the district and each of the districts listed in Subsection (a)
1008	1008	shall call an election to be held on the next uniform election date
1009	1009	on the question of whether the annexation should be authorized.
1010	1010	(c) The municipality may annex the territory described by
1011	1011	the resolution only if a majority of the total number of voters
1012	1012	voting in all of the districts' elections vote in favor of
1013	1013	authorizing the annexation.
1014	1014	(d) The municipality seeking annexation shall pay the costs
1015	1015	of the elections held under this section [on the earlier of:
1016	1016	[(1) the installation of 90 percent of all works,
1017	1017	improvements, facilities, plants, equipment, and appliances
1018	1018	necessary and adequate to:
1019	1019	[(A) provide service to the proposed development
1020	1020	within the district;
1021	1021	[(B) accomplish the purposes for which the
1022	1022	district was created; and
1023	1023	[(C) exercise the powers provided by general law
1024	1024	and this chapter; or
1025	1025	[(2) the 20th anniversary of the date the district was
1026	1026	confirmed].
1027	1027	SECTION 44. Section 8396.151, Special District Local Laws
1028	1028	Code, is amended to read as follows:
1029	1029	Sec. 8396.151. ANNEXATION BY MUNICIPALITY. (a) The
1030	1030	governing body of a [A] municipality that plans to [may] annex all
1031	1031	or part of the district first must adopt a resolution of intention
1032	1032	to annex all or part of the district and transmit that resolution to
1033	1033	the district and the following districts:
1034	1034	(1) Travis County Municipal Utility District No. 3;
1035	1035	(2) Travis County Municipal Utility District No. 5;
1036	1036	(3) Travis County Municipal Utility District No. 6;
1037	1037	(4) Travis County Municipal Utility District No. 7;
1038	1038	(5) Travis County Municipal Utility District No. 8;
1039	1039	(6) Travis County Municipal Utility District No. 9;
1040	1040	and
1041	1041	(7) Travis County Water Control and Improvement
1042	1042	District No. 19.
1043	1043	(b) On receipt of a resolution described by Subsection (a),
1044	1044	the district and each of the districts listed in Subsection (a)
1045	1045	shall call an election to be held on the next uniform election date
1046	1046	on the question of whether the annexation should be authorized.
1047	1047	(c) The municipality may annex the territory described in
1048	1048	the resolution only if a majority of the total number of voters
1049	1049	voting in all of the districts' elections vote in favor of
1050	1050	authorizing the annexation.
1051	1051	(d) The municipality seeking annexation shall pay the costs
1052	1052	of the elections held under this section [on the earlier of:
1053	1053	[(1) the installation of 90 percent of all works,
1054	1054	improvements, facilities, plants, equipment, and appliances
1055	1055	necessary and adequate to:
1056	1056	[(A) provide service to the proposed development
1057	1057	within the district;
1058	1058	[(B) accomplish the purposes for which the
1059	1059	district was created; and
1060	1060	[(C) exercise the powers provided by general law
1061	1061	and this chapter; or
1062	1062	[(2) the 20th anniversary of the date the district was
1063	1063	confirmed].
1064	1064	SECTION 45. Section 8397.151, Special District Local Laws
1065	1065	Code, is amended to read as follows:
1066	1066	Sec. 8397.151. ANNEXATION BY MUNICIPALITY. (a) The
1067	1067	governing body of a [A] municipality that plans to [may] annex all
1068	1068	or part of the district first must adopt a resolution of intention
1069	1069	to annex all or part of the district and transmit that resolution to
1070	1070	the district and the following districts:
1071	1071	(1) Travis County Municipal Utility District No. 3;
1072	1072	(2) Travis County Municipal Utility District No. 4;
1073	1073	(3) Travis County Municipal Utility District No. 6;
1074	1074	(4) Travis County Municipal Utility District No. 7;
1075	1075	(5) Travis County Municipal Utility District No. 8;
1076	1076	(6) Travis County Municipal Utility District No. 9;
1077	1077	and
1078	1078	(7) Travis County Water Control and Improvement
1079	1079	District No. 19.
1080	1080	(b) On receipt of a resolution described by Subsection (a),
1081	1081	the district and each of the districts listed in Subsection (a)
1082	1082	shall call an election to be held on the next uniform election date
1083	1083	on the question of whether the annexation should be authorized.
1084	1084	(c) The municipality may annex the territory described in
1085	1085	the resolution only if a majority of the total number of voters
1086	1086	voting in all of the districts' elections vote in favor of
1087	1087	authorizing the annexation.
1088	1088	(d) The municipality seeking annexation shall pay the costs
1089	1089	of the elections held under this section [on the earlier of:
1090	1090	[(1) the installation of 90 percent of all works,
1091	1091	improvements, facilities, plants, equipment, and appliances
1092	1092	necessary and adequate to:
1093	1093	[(A) provide service to the proposed development
1094	1094	within the district;
1095	1095	[(B) accomplish the purposes for which the
1096	1096	district was created; and
1097	1097	[(C) exercise the powers provided by general law
1098	1098	and this chapter; or
1099	1099	[(2) the 20th anniversary of the date the district was
1100	1100	confirmed].
1101	1101	SECTION 46. Section 8398.151, Special District Local Laws
1102	1102	Code, is amended to read as follows:
1103	1103	Sec. 8398.151. ANNEXATION BY MUNICIPALITY. (a) The
1104	1104	governing body of a [A] municipality that plans to [may] annex all
1105	1105	or part of the district first must adopt a resolution of intention
1106	1106	to annex all or part of the district and transmit that resolution to
1107	1107	the district and the following districts:
1108	1108	(1) Travis County Municipal Utility District No. 3;
1109	1109	(2) Travis County Municipal Utility District No. 4;
1110	1110	(3) Travis County Municipal Utility District No. 5;
1111	1111	(4) Travis County Municipal Utility District No. 7;
1112	1112	(5) Travis County Municipal Utility District No. 8;
1113	1113	(6) Travis County Municipal Utility District No. 9;
1114	1114	and
1115	1115	(7) Travis County Water Control and Improvement
1116	1116	District No. 19.
1117	1117	(b) On receipt of a resolution described by Subsection (a),
1118	1118	the district and each of the districts listed in Subsection (a)
1119	1119	shall call an election to be held on the next uniform election date
1120	1120	on the question of whether the annexation should be authorized.
1121	1121	(c) The municipality may annex the territory described in
1122	1122	the resolution only if a majority of the total number of voters
1123	1123	voting in all of the districts' elections vote in favor of
1124	1124	authorizing the annexation.
1125	1125	(d) The municipality seeking annexation shall pay the costs
1126	1126	of the elections held under this section [on the earlier of:
1127	1127	[(1) the installation of 90 percent of all works,
1128	1128	improvements, facilities, plants, equipment, and appliances
1129	1129	necessary and adequate to:
1130	1130	[(A) provide service to the proposed development
1131	1131	within the district;
1132	1132	[(B) accomplish the purposes for which the
1133	1133	district was created; and
1134	1134	[(C) exercise the powers provided by general law
1135	1135	and this chapter; or
1136	1136	[(2) the 20th anniversary of the date the district was
1137	1137	confirmed].
1138	1138	SECTION 47. Section 8399.151, Special District Local Laws
1139	1139	Code, is amended to read as follows:
1140	1140	Sec. 8399.151. ANNEXATION BY MUNICIPALITY. (a) The
1141	1141	governing body of a [A] municipality that plans to [may] annex all
1142	1142	or part of the district first must adopt a resolution of intention
1143	1143	to annex all or part of the district and transmit that resolution to
1144	1144	the district and the following districts:
1145	1145	(1) Travis County Municipal Utility District No. 3;
1146	1146	(2) Travis County Municipal Utility District No. 4;
1147	1147	(3) Travis County Municipal Utility District No. 5;
1148	1148	(4) Travis County Municipal Utility District No. 6;
1149	1149	(5) Travis County Municipal Utility District No. 8;
1150	1150	(6) Travis County Municipal Utility District No. 9;
1151	1151	and
1152	1152	(7) Travis County Water Control and Improvement
1153	1153	District No. 19.
1154	1154	(b) On receipt of a resolution described by Subsection (a),
1155	1155	the district and each of the districts listed in Subsection (a)
1156	1156	shall call an election to be held on the next uniform election date
1157	1157	on the question of whether the annexation should be authorized.
1158	1158	(c) The municipality may annex the territory described in
1159	1159	the resolution only if a majority of the total number of voters
1160	1160	voting in all of the districts' elections vote in favor of
1161	1161	authorizing the annexation.
1162	1162	(d) The municipality seeking annexation shall pay the costs
1163	1163	of the elections held under this section [on the earlier of:
1164	1164	[(1) the installation of 90 percent of all works,
1165	1165	improvements, facilities, plants, equipment, and appliances
1166	1166	necessary and adequate to:
1167	1167	[(A) provide service to the proposed development
1168	1168	within the district;
1169	1169	[(B) accomplish the purposes for which the
1170	1170	district was created; and
1171	1171	[(C) exercise the powers provided by general law
1172	1172	and this chapter; or
1173	1173	[(2) the 20th anniversary of the date the district was
1174	1174	confirmed].
1175	1175	SECTION 48. Section 8400.151, Special District Local Laws
1176	1176	Code, is amended to read as follows:
1177	1177	Sec. 8400.151. ANNEXATION BY MUNICIPALITY. (a) The
1178	1178	governing body of a [A] municipality that plans to [may] annex all
1179	1179	or part of the district first must adopt a resolution of intention
1180	1180	to annex all or part of the district and transmit that resolution to
1181	1181	the district and the following districts:
1182	1182	(1) Travis County Municipal Utility District No. 3;
1183	1183	(2) Travis County Municipal Utility District No. 4;
1184	1184	(3) Travis County Municipal Utility District No. 5;
1185	1185	(4) Travis County Municipal Utility District No. 6;
1186	1186	(5) Travis County Municipal Utility District No. 7;
1187	1187	(6) Travis County Municipal Utility District No. 9;
1188	1188	and
1189	1189	(7) Travis County Water Control and Improvement
1190	1190	District No. 19.
1191	1191	(b) On receipt of a resolution described by Subsection (a),
1192	1192	the district and each of the districts listed in Subsection (a)
1193	1193	shall call an election to be held on the next uniform election date
1194	1194	on the question of whether the annexation should be authorized.
1195	1195	(c) The municipality may annex the territory described in
1196	1196	the resolution only if a majority of the total number of voters
1197	1197	voting in all of the districts' elections vote in favor of
1198	1198	authorizing the annexation.
1199	1199	(d) The municipality seeking annexation shall pay the costs
1200	1200	of the elections held under this section [on the earlier of:
1201	1201	[(1) the installation of 90 percent of all works,
1202	1202	improvements, facilities, plants, equipment, and appliances
1203	1203	necessary and adequate to:
1204	1204	[(A) provide service to the proposed development
1205	1205	within the district;
1206	1206	[(B) accomplish the purposes for which the
1207	1207	district was created; and
1208	1208	[(C) exercise the powers provided by general law
1209	1209	and this chapter; or
1210	1210	[(2) the 20th anniversary of the date the district was
1211	1211	confirmed].
1212	1212	SECTION 49. Section 8401.151, Special District Local Laws
1213	1213	Code, is amended to read as follows:
1214	1214	Sec. 8401.151. ANNEXATION BY MUNICIPALITY. (a) The
1215	1215	governing body of a [A] municipality that plans to [may] annex all
1216	1216	or part of the district first must adopt a resolution of intention
1217	1217	to annex all or part of the district and transmit that resolution to
1218	1218	the district and the following districts:
1219	1219	(1) Travis County Municipal Utility District No. 3;
1220	1220	(2) Travis County Municipal Utility District No. 4;
1221	1221	(3) Travis County Municipal Utility District No. 5;
1222	1222	(4) Travis County Municipal Utility District No. 6;
1223	1223	(5) Travis County Municipal Utility District No. 7;
1224	1224	(6) Travis County Municipal Utility District No. 8;
1225	1225	and
1226	1226	(7) Travis County Water Control and Improvement
1227	1227	District No. 19.
1228	1228	(b) On receipt of a resolution described by Subsection (a),
1229	1229	the district and each of the districts listed in Subsection (a)
1230	1230	shall call an election to be held on the next uniform election date
1231	1231	on the question of whether the annexation should be authorized.
1232	1232	(c) The municipality may annex the territory described in
1233	1233	the resolution only if a majority of the total number of voters
1234	1234	voting in all of the districts' elections vote in favor of
1235	1235	authorizing the annexation.
1236	1236	(d) The municipality seeking annexation shall pay the costs
1237	1237	of the elections held under this section [on the earlier of:
1238	1238	[(1) the installation of 90 percent of all works,
1239	1239	improvements, facilities, plants, equipment, and appliances
1240	1240	necessary and adequate to:
1241	1241	[(A) provide service to the proposed development
1242	1242	within the district;
1243	1243	[(B) accomplish the purposes for which the
1244	1244	district was created; and
1245	1245	[(C) exercise the powers provided by general law
1246	1246	and this chapter; or
1247	1247	[(2) the 20th anniversary of the date the district was
1248	1248	confirmed].
1249	1249	SECTION 50. Section 8489.109, Special District Local Laws
1250	1250	Code, is amended to read as follows:
1251	1251	Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1252	1252	For the purposes of Section 43.003(2) [43.021(2)], Local Government
1253	1253	Code, or other law, including a municipal charter or ordinance
1254	1254	relating to annexation, an area adjacent to the district or any new
1255	1255	district created by the division of the district is considered
1256	1256	adjacent to a municipality in whose corporate limits or
1257	1257	extraterritorial jurisdiction any of the land in the area described
1258	1258	by Section 2 of the Act enacting this chapter is located.
1259	1259	SECTION 51. Section 9038.110, Special District Local Laws
1260	1260	Code, is amended to read as follows:
1261	1261	Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1262	1262	For the purposes of Section 43.003(2) [43.021(2)], Local Government
1263	1263	Code, or other law, including a municipal charter or ordinance
1264	1264	relating to annexation, an area adjacent to the district or any new
1265	1265	district created by the division of the district is considered
1266	1266	adjacent to a municipality in whose corporate limits or
1267	1267	extraterritorial jurisdiction any of the land in the area described
1268	1268	by Section 2 of the Act creating this chapter is located.
1269	1269	SECTION 52. Section 9039.110, Special District Local Laws
1270	1270	Code, is amended to read as follows:
1271	1271	Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1272	1272	For the purposes of Section 43.003(2) [43.021(2)], Local Government
1273	1273	Code, or other law, including a municipal charter or ordinance
1274	1274	relating to annexation, an area adjacent to the district or any new
1275	1275	district created by the division of the district is considered
1276	1276	adjacent to a municipality in whose corporate limits or
1277	1277	extraterritorial jurisdiction any of the land in the area described
1278	1278	by Section 2 of the Act creating this chapter is located.
1279	1279	SECTION 53. Subtitle I, Title 6, Special District Local
1280	1280	Laws Code, is amended by adding Chapter 9073 to read as follows:
1281	1281	CHAPTER 9073. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
1282	1282	NO. 19; ANNEXATION
1283	1283	Sec. 9073.001. DEFINITION. In this chapter, "district"
1284	1284	means the Travis County Water Control and Improvement District
1285	1285	No. 19.
1286	1286	Sec. 9073.002. ANNEXATION BY MUNICIPALITY. (a) The
1287	1287	governing body of a municipality that plans to annex all or part of
1288	1288	the district first must adopt a resolution of intention to annex all
1289	1289	or part of the district and transmit that resolution to the district
1290	1290	and the following districts:
1291	1291	(1) Travis County Municipal Utility District No. 3;
1292	1292	(2) Travis County Municipal Utility District No. 4;
1293	1293	(3) Travis County Municipal Utility District No. 5;
1294	1294	(4) Travis County Municipal Utility District No. 6;
1295	1295	(5) Travis County Municipal Utility District No. 7;
1296	1296	(6) Travis County Municipal Utility District No. 8;
1297	1297	and
1298	1298	(7) Travis County Municipal Utility District No. 9.
1299	1299	(b) On receipt of a resolution described by Subsection (a),
1300	1300	the district and each of the districts listed in Subsection (a)
1301	1301	shall call an election to be held on the next uniform election date
1302	1302	on the question of whether the annexation should be authorized.
1303	1303	(c) The municipality may annex the territory described in
1304	1304	the resolution only if a majority of the total number of voters
1305	1305	voting in all of the districts' elections vote in favor of
1306	1306	authorizing the annexation.
1307	1307	(d) The municipality seeking annexation shall pay the costs
1308	1308	of the elections held under this section.
1309	1309	SECTION 54. (a) Sections 43.036, 43.0546, 43.056(d) and
1310	1310	(h), 43.0565, 43.0567, 43.1025(e) and (g), and 43.906, Local
1311	1311	Government Code, are repealed.
1312	1312	(b) Section 43.056(p), Local Government Code, as amended by
1313	1313	S.B. 1878, Acts of the 85th Legislature, Regular Session, 2017, is
1314	1314	repealed.
1315	1315	(c) Section 5.701(n)(6), Water Code, is repealed.
1316	1316	(d) The repeal of Section 43.036, Local Government Code, by
1317	1317	this Act does not affect a boundary change agreement entered into
1318	1318	under that section, the release and transfer of area under a
1319	1319	boundary change agreement entered into under that section, or the
1320	1320	requirements related to a boundary change agreement entered into
1321	1321	under that section.
1322	1322	(e) The repeal of Sections 43.056(d), (h), and (p) and
1323	1323	Sections 43.0565 and 43.0567, Local Government Code, by this Act
1324	1324	and the change in law made by this Act to Sections 43.056(l) and
1325	1325	(n), Local Government Code, do not affect a right, requirement,
1326	1326	limitation, or remedy provided for under those sections and
1327	1327	applicable in an area annexed by a municipality for which the first
1328	1328	hearing notice required by Section 43.0561 or 43.063, Local
1329	1329	Government Code, as applicable, was published before December 1,
1330	1330	2017.
1331	1331	SECTION 55. The changes in law made by this Act apply to the
1332	1332	annexation of an area subject to a development agreement entered
1333	1333	into by a municipality with a population of more than 227,000 and
1334	1334	less than 236,000, according to the 2010 federal decennial census,
1335	1335	under Section 212.172, Local Government Code, before the effective
1336	1336	date of this Act that is initiated on or after the expiration date
1337	1337	provided for in the agreement. The annexation of an area subject to
1338	1338	the agreement that is initiated before the expiration date of the
1339	1339	agreement as the result of a termination of the agreement is
1340	1340	governed by the law in effect on January 1, 2017, and the former law
1341	1341	is continued in effect for that purpose.
1342	1342	SECTION 56. The changes in law made by this Act do not apply
1343	1343	to an area that is the subject of an agreement between a
1344	1344	municipality with a population of more than 1.3 million and less
1345	1345	than 1.5 million according to the 2010 federal decennial census and
1346	1346	a municipality with a population of more than 18,050 and less than
1347	1347	18,200 according to the 2010 federal decennial census that contains
1348	1348	a plan that is approved by the municipalities before the effective
1349	1349	date of this Act for phased boundary adjustments between the
1350	1350	municipalities, releases of extraterritorial jurisdiction by the
1351	1351	more populous municipality, and annexations by the less populous
1352	1352	municipality. A municipal boundary adjustment, release of
1353	1353	extraterritorial jurisdiction, or annexation contained in a plan
1354	1354	under an agreement described by this section is governed by the law
1355	1355	in effect at the time the agreement was approved by the
1356	1356	municipalities, and the former law is continued in effect for that
1357	1357	purpose.
1358	1358	SECTION 57. The changes in law made by this Act apply only
1359	1359	to the annexation of an area that is not final on the effective date
1360	1360	of this Act. An annexation of an area that was final before the
1361	1361	effective date of this Act is governed by those portions of Chapter
1362	1362	43, Local Government Code, that relate to post-annexation
1363	1363	procedures and requirements in effect immediately before the
1364	1364	effective date of this Act, and that law is continued in effect for
1365	1365	that purpose.
1366	1366	SECTION 58. This Act takes effect December 1, 2017.