Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 6
	1	+	85S12478 SCL-D
	2	+	By: Campbell, et al. S.B. No. 6
	3	+	(Huberty)
	4	+	Substitute the following for S.B. No. 6: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to municipal annexation.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 43.001, Local Government Code, is
8	12		amended to read as follows:
9	13		Sec. 43.001. DEFINITIONS [DEFINITION]. In this chapter:
10	14		(1) "Extraterritorial [, "extraterritorial]
11	15		jurisdiction" means extraterritorial jurisdiction as determined
12	16		under Chapter 42.
13		-	(2) "Tier 1 county" means a county:
14		-	(A) with a population of less than 500,000; and
15		-	(B) that is not a county that contains a
16		-	freshwater fisheries center operated by the Texas Parks and
17		-	Wildlife Department.
18		-	(3) "Tier 2 county" means a county that:
19		-	(A) is not a tier 1 county; or
20		-	(B) is a tier 1 county in which a majority of the
21		-	registered voters of the county have approved being a tier 2 county
22		-	at an election ordered by the commissioners court on the request by
23		-	petition of a number of registered voters of the county equal to or
24		-	greater than 10 percent of the registered voters of the county.
	17	+	(2) "Tier 1 county" means a county with a population
	18	+	of:
	19	+	(A) less than 500,000; or
	20	+	(B) more than 665,000 and less than 780,000.
	21	+	(3) "Tier 2 county" means a county that is not a tier 1
	22	+	county.
25	23		(4) "Tier 1 municipality" means a municipality wholly
26	24		located in one or more tier 1 counties that proposes to annex an
27	25		area wholly located in one or more tier 1 counties.
28	26		(5) "Tier 2 municipality" means a municipality:
29	27		(A) wholly or partly located in a tier 2 county;
30	28		or
31	29		(B) wholly located in one or more tier 1 counties
32	30		that proposes to annex an area wholly or partly located in a tier 2
33	31		county.
34	32		SECTION 2. Section 43.002, Local Government Code, is
35	33		amended by adding Subsection (e) to read as follows:
36	34		(e) Notwithstanding Subsection (c) and until the 20th
37	35		anniversary of the date of the annexation of an area that includes a
38	36		permanent retail structure, a municipality may not prohibit a
39	37		person from continuing to use the structure for the indoor seasonal
40	38		sale of retail goods if the structure:
41	39		(1) is more than 5,000 square feet; and
42	40		(2) was authorized under the laws of this state to be
43	41		used for the indoor seasonal sale of retail goods on the effective
44	42		date of the annexation.
45	43		SECTION 3. Section 43.021, Local Government Code, is
46	44		transferred to Subchapter A, Chapter 43, Local Government Code,
47	45		redesignated as Section 43.003, Local Government Code, and amended
48	46		to read as follows:
49	47		Sec. 43.003 [43.021]. AUTHORITY OF HOME-RULE MUNICIPALITY
50	48		TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A
51	49		home-rule municipality may take the following actions according to
52	50		rules as may be provided by the charter of the municipality and not
53	51		inconsistent with the requirements [procedural rules] prescribed
54	52		by this chapter:
55	53		(1) fix the boundaries of the municipality;
56	54		(2) extend the boundaries of the municipality and
57	55		annex area adjacent to the municipality; and
58	56		(3) exchange area with other municipalities.
59	57		SECTION 4. Chapter 43, Local Government Code, is amended by
60	58		adding Subchapter A-1 to read as follows:
61	59		SUBCHAPTER A-1. GENERAL AUTHORITY TO ANNEX
62	60		Sec. 43.011. APPLICABILITY. This subchapter applies to:
63	61		(1) a tier 1 municipality; and
64	62		(2) notwithstanding Subchapter C-4 or C-5, a tier 2
65	63		municipality.
66	64		Sec. 43.0115. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX
67	65		ENCLAVES. (a) This section applies only to a municipality that:
68	66		(1) is wholly or partly located in a county in which a
69	67		majority of the population of two or more municipalities, each with
70	68		a population of 300,000 or more, are located; and
71	69		(2) proposes to annex an area that:
72	70		(A) is wholly surrounded by a municipality and
73	71		within the municipality's extraterritorial jurisdiction; and
74	72		(B) has fewer than 100 dwelling units.
75	73		(b) Notwithstanding any other law, the governing body of a
76	74		municipality by ordinance may annex an area without the consent of
77	75		any of the residents of, voters of, or owners of land in the area
78	76		under the procedures prescribed by Subchapter C-1.
79	77		Sec. 43.0116. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL
80	78		DISTRICTS. (a) Notwithstanding any other law and subject to
81	79		Subsection (b), a municipality may annex all or part of the area
82	80		located in an industrial district designated by the governing body
83	81		of the municipality under Section 42.044 under the requirements
84	82		applicable to a tier 1 municipality.
85	83		(b) A municipality that proposes to annex an area located in
86	84		an industrial district subject to a contract described by Section
87	85		42.044(c) may initiate the annexation only:
88	86		(1) on or after the date the contract expires,
89	87		including any period renewing or extending the contract; or
90	88		(2) as provided by the contract.
91	89		Sec. 43.0117. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR
92	90		MILITARY BASE. (a) In this section, "military base" means a
93	91		presently functioning federally owned or operated military
94	92		installation or facility.
95		-	(b) A municipality may annex for full or limited purposes,
96		-	under the annexation provisions applicable to that municipality
97		-	under this chapter, any part of the area located within five miles
98		-	of the boundary of a military base in which an active training
99		-	program is conducted. The annexation proposition shall be stated
100		-	to allow the voters of the area to be annexed to choose between
101		-	either annexation or providing the municipality with the authority
102		-	to adopt and enforce an ordinance regulating the land use in the
103		-	area in the manner recommended by the most recent joint land use
104		-	study.
	93	+	(b) Notwithstanding any other law, a municipality may annex
	94	+	for full or limited purposes any part of the area located within
	95	+	five miles of the boundaries of a military base in which an active
	96	+	training program is conducted only if the municipality and the
	97	+	military base enter into a memorandum of agreement that establishes
	98	+	provisions to maintain the compatibility of the municipality's
	99	+	regulation of land in the area with the military base operations
	100	+	following the annexation.
105	101		SECTION 5. Section 43.026, Local Government Code, is
106	102		transferred to Subchapter A-1, Chapter 43, Local Government Code,
107	103		as added by this Act, redesignated as Section 43.012, Local
108	104		Government Code, and amended to read as follows:
109	105		Sec. 43.012 [43.026]. AUTHORITY OF TYPE A GENERAL-LAW
110	106		MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A
111	107		general-law municipality by ordinance may annex area that the
112	108		municipality owns under the procedures prescribed by Subchapter
113	109		C-1. The ordinance must describe the area by metes and bounds and
114	110		must be entered in the minutes of the governing body.
115	111		SECTION 6. Section 43.027, Local Government Code, is
116	112		transferred to Subchapter A-1, Chapter 43, Local Government Code,
117	113		as added by this Act, redesignated as Section 43.013, Local
118	114		Government Code, and amended to read as follows:
119	115		Sec. 43.013 [43.027]. AUTHORITY OF [GENERAL-LAW]
120	116		MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a
121	117		[general-law] municipality by ordinance may annex any navigable
122	118		stream adjacent to the municipality and within the municipality's
123	119		extraterritorial jurisdiction under the procedures prescribed by
124	120		Subchapter C-1.
125	121		SECTION 7. Section 43.051, Local Government Code, is
126	122		transferred to Subchapter A-1, Chapter 43, Local Government Code,
127	123		as added by this Act, and redesignated as Section 43.014, Local
128	124		Government Code, to read as follows:
129	125		Sec. 43.014 [43.051]. AUTHORITY TO ANNEX LIMITED TO
130	126		EXTRATERRITORIAL JURISDICTION. A municipality may annex area only
131	127		in its extraterritorial jurisdiction unless the municipality owns
132	128		the area.
133	129		SECTION 8. Section 43.031, Local Government Code, is
134	130		transferred to Subchapter A-1, Chapter 43, Local Government Code,
135	131		as added by this Act, and redesignated as Section 43.015, Local
136	132		Government Code, to read as follows:
137	133		Sec. 43.015 [43.031]. AUTHORITY OF ADJACENT MUNICIPALITIES
138	134		TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may
139	135		make mutually agreeable changes in their boundaries of areas that
140	136		are less than 1,000 feet in width.
141	137		SECTION 9. Section 43.035, Local Government Code, is
142	138		transferred to Subchapter A-1, Chapter 43, Local Government Code,
143	139		as added by this Act, redesignated as Section 43.016, Local
144	140		Government Code, and amended to read as follows:
145	141		Sec. 43.016 [43.035]. AUTHORITY OF MUNICIPALITY TO ANNEX
146	142		AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS
147	143		TIMBER LAND. (a) This section applies only to an area:
148	144		(1) eligible to be the subject of a development
149	145		agreement under Subchapter G, Chapter 212; and
150	146		(2) appraised for ad valorem tax purposes as land for
151	147		agricultural or wildlife management use under Subchapter C or D,
152	148		Chapter 23, Tax Code, or as timber land under Subchapter E of that
153	149		chapter.
154	150		(b) A municipality may not annex an area to which this
155	151		section applies unless:
156	152		(1) the municipality offers to make a development
157	153		agreement with the landowner under Section 212.172 that would:
158	154		(A) guarantee the continuation of the
159	155		extraterritorial status of the area; and
160	156		(B) authorize the enforcement of all regulations
161	157		and planning authority of the municipality that do not interfere
162	158		with the use of the area for agriculture, wildlife management, or
163	159		timber; and
164	160		(2) the landowner declines to make the agreement
165	161		described by Subdivision (1).
166	162		(c) For purposes of Section 43.003(2) [43.021(2)] or
167	163		another law, including a municipal charter or ordinance, relating
168	164		to municipal authority to annex an area adjacent to the
169	165		municipality, an area adjacent or contiguous to an area that is the
170	166		subject of a development agreement described by Subsection (b)(1)
171	167		is considered adjacent or contiguous to the municipality.
172	168		(d) A provision of a development agreement described by
173	169		Subsection (b)(1) that restricts or otherwise limits the annexation
174	170		of all or part of the area that is the subject of the agreement is
175	171		void if the landowner files any type of subdivision plat or related
176	172		development document for the area with a governmental entity that
177	173		has jurisdiction over the area, regardless of how the area is
178	174		appraised for ad valorem tax purposes.
179	175		(e) A development agreement described by Subsection (b)(1)
180	176		is not a permit for purposes of Chapter 245.
181	177		SECTION 10. Section 43.037, Local Government Code, is
182	178		transferred to Subchapter A-1, Chapter 43, Local Government Code,
183		-	as added by this Act, ~~and~~ redesignated as Section 43.017, Local
184		-	Government Code, to read as follows:
	179	+	as added by this Act, redesignated as Section 43.017, Local
	180	+	Government Code, and amended to read as follows:
185	181		Sec. 43.017 [43.037]. PROHIBITION AGAINST ANNEXATION TO
186		-	SURROUND MUNICIPALITY IN CERTAIN COUNTIES. A municipality ~~with a~~
187		-	population of more than 175,000 located in a county that ~~contains an~~
188		-	international border and borders the Gulf of Mexico may ~~not annex an~~
189		-	area that would cause another municipality to be ~~entirely~~
190		-	surrounded by the corporate limits or extraterritorial
	182	+	SURROUND MUNICIPALITY IN CERTAIN COUNTIES. (a) A municipality
	183	+	with a population of more than 175,000 located in a county that
	184	+	contains an international border and borders the Gulf of Mexico may
	185	+	not annex an area that would cause another municipality to be
	186	+	entirely surrounded by the corporate limits or extraterritorial
191	187		jurisdiction of the annexing municipality.
	188	+	(b) A municipality described by Subsection (a) to which
	189	+	Section 42.0235 applies and a neighboring municipality may waive
	190	+	Subsection (a) if the governing body of each municipality adopts,
	191	+	on or after September 1, 2017, a resolution stating that this
	192	+	section is waived.
192	193		SECTION 11. The heading to Subchapter B, Chapter 43, Local
193	194		Government Code, is amended to read as follows:
194	195		SUBCHAPTER B. GENERAL AUTHORITY TO ANNEX: TIER 1 MUNICIPALITIES
195	196		SECTION 12. Subchapter B, Chapter 43, Local Government
196	197		Code, is amended by adding Section 43.0205 to read as follows:
197	198		Sec. 43.0205. APPLICABILITY. This subchapter applies only
198	199		to a tier 1 municipality.
199	200		SECTION 13. The heading to Subchapter C, Chapter 43, Local
200	201		Government Code, is amended to read as follows:
201	202		SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER
202	203		MUNICIPAL ANNEXATION PLAN: TIER 1 MUNICIPALITIES
203	204		SECTION 14. Subchapter C, Chapter 43, Local Government
204	205		Code, is amended by adding Section 43.0505 to read as follows:
205	206		Sec. 43.0505. APPLICABILITY. (a) Except as provided by
206	207		Subsection (b), this subchapter applies only to a tier 1
207	208		municipality.
208	209		(b) Unless otherwise specifically provided by this chapter,
209	210		this subchapter does not apply to a tier 2 municipality.
210	211		SECTION 15. Section 43.052(h), Local Government Code, is
211	212		amended to read as follows:
212	213		(h) This section does not apply to an area proposed for
213	214		annexation if:
214	215		(1) the area contains fewer than 100 separate tracts
215	216		of land on which one or more residential dwellings are located on
216	217		each tract;
217	218		(2) the area will be annexed by petition of more than
218	219		50 percent of the real property owners in the area proposed for
219	220		annexation or by vote or petition of the qualified voters or real
220	221		property owners as provided by Subchapter B;
221	222		(3) the area is or was the subject of:
222	223		(A) an industrial district contract under
223	224		Section 42.044; or
224	225		(B) a strategic partnership agreement under
225	226		Section 43.0751;
226	227		(4) the area is located in a colonia, as that term is
227	228		defined by Section 2306.581, Government Code;
228	229		(5) the area is annexed under Section 43.012, 43.013,
229	230		43.015 [43.026, 43.027], or 43.029[, or 43.031];
230	231		(6) the area is located completely within the
231	232		boundaries of a closed military installation; or
232	233		(7) the municipality determines that the annexation of
233	234		the area is necessary to protect the area proposed for annexation or
234	235		the municipality from:
235	236		(A) imminent destruction of property or injury to
236	237		persons; or
237	238		(B) a condition or use that constitutes a public
238	239		or private nuisance as defined by background principles of nuisance
239	240		and property law of this state.
240	241		SECTION 16. Section 43.054(a), Local Government Code, is
241	242		amended to read as follows:
242	243		(a) A municipality [with a population of less than 1.6
243	244		million] may not annex a publicly or privately owned area,
244	245		including a strip of area following the course of a road, highway,
245	246		river, stream, or creek, unless the width of the area at its
246	247		narrowest point is at least 1,000 feet.
247	248		SECTION 17. Sections 43.056(l) and (n), Local Government
248	249		Code, are amended to read as follows:
249	250		(l) A service plan is valid for 10 years. Renewal of the
250	251		service plan is at the discretion of the municipality. [A person
251	252		residing or owning land in an annexed area in a municipality with a
252	253		population of 1.6 million or more may enforce a service plan by
253	254		petitioning the municipality for a change in policy or procedures
254	255		to ensure compliance with the service plan. If the municipality
255	256		fails to take action with regard to the petition, the petitioner may
256	257		request arbitration of the dispute under Section 43.0565.] A
257	258		person residing or owning land in an annexed area [in a municipality
258	259		with a population of less than 1.6 million] may enforce a service
259	260		plan by applying for a writ of mandamus not later than the second
260	261		anniversary of the date the person knew or should have known that
261	262		the municipality was not complying with the service plan. If a writ
262	263		of mandamus is applied for, the municipality has the burden of
263	264		proving that the services have been provided in accordance with the
264	265		service plan in question. If a court issues a writ under this
265	266		subsection, the court:
266	267		(1) must provide the municipality the option of
267	268		disannexing the area within a reasonable period specified by the
268	269		court;
269	270		(2) may require the municipality to comply with the
270	271		service plan in question before a reasonable date specified by the
271	272		court if the municipality does not disannex the area within the
272	273		period prescribed by the court under Subdivision (1);
273	274		(3) may require the municipality to refund to the
274	275		landowners of the annexed area money collected by the municipality
275	276		from those landowners for services to the area that were not
276	277		provided;
277	278		(4) may assess a civil penalty against the
278	279		municipality, to be paid to the state in an amount as justice may
279	280		require, for the period in which the municipality is not in
280	281		compliance with the service plan;
281	282		(5) may require the parties to participate in
282	283		mediation; and
283	284		(6) may require the municipality to pay the person's
284	285		costs and reasonable attorney's fees in bringing the action for the
285	286		writ.
286	287		(n) Before the second anniversary of the date an area is
287	288		included within the corporate boundaries of a municipality by
288	289		annexation, the municipality may not:
289	290		(1) prohibit the collection of solid waste in the area
290	291		by a privately owned solid waste management service provider; or
291	292		(2) offer [impose a fee for] solid waste management
292	293		services in the area unless a privately owned solid waste
293	294		management service provider is unavailable [on a person who
294	295		continues to use the services of a privately owned solid waste
295	296		management service provider].
296	297		SECTION 18. Section 43.0562(a), Local Government Code, is
297	298		amended to read as follows:
298	299		(a) After holding the hearings as provided by Section
299	300		43.0561:
300	301		(1) [if a municipality has a population of less than
301	302		1.6 million,] the municipality and the property owners of the area
302	303		proposed for annexation shall negotiate for the provision of
303	304		services to the area after annexation or for the provision of
304	305		services to the area in lieu of annexation under Section 43.0563; or
305	306		(2) if a municipality proposes to annex a special
306	307		district, as that term is defined by Section 43.052, the
307	308		municipality and the governing body of the district shall negotiate
308	309		for the provision of services to the area after annexation or for
309	310		the provision of services to the area in lieu of annexation under
310	311		Section 43.0751.
311	312		SECTION 19. Section 43.0563(a), Local Government Code, is
312	313		amended to read as follows:
313	314		(a) The governing body of a municipality [with a population
314	315		of less than 1.6 million] may negotiate and enter into a written
315	316		agreement for the provision of services and the funding of the
316	317		services in an area with:
317	318		(1) representatives designated under Section
318	319		43.0562(b), if the area is included in the municipality's
319	320		annexation plan; or
320	321		(2) an owner of an area within the extraterritorial
321	322		jurisdiction of the municipality if the area is not included in the
322	323		municipality's annexation plan.
323	324		SECTION 20. The heading to Subchapter C-1, Chapter 43,
324	325		Local Government Code, is amended to read as follows:
325	326		SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
326	327		MUNICIPAL ANNEXATION PLAN: TIER 1 MUNICIPALITIES
327	328		SECTION 21. Section 43.061, Local Government Code, is
328	329		amended to read as follows:
329	330		Sec. 43.061. APPLICABILITY. (a) Except as provided by
330	331		Subsection (b), this [This] subchapter applies only to an area that
331	332		is proposed for annexation by a tier 1 municipality and that is not
332	333		required to be included in a municipal annexation plan under
333	334		Section 43.052(h) [43.052].
334	335		(b) Unless otherwise specifically provided by this chapter,
335	336		this subchapter does not apply to an area that is proposed for
336	337		annexation by a tier 2 municipality.
337	338		SECTION 22. Section 43.062(a), Local Government Code, is
338	339		amended to read as follows:
339	340		(a) Sections [43.051,] 43.054, 43.0545, 43.055, [43.0565,
340	341		43.0567,] and 43.057 apply to the annexation of an area to which
341	342		this subchapter applies.
342	343		SECTION 23. Section 43.064, Local Government Code, is
343	344		amended to read as follows:
344	345		Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION[;
345		-	EFFECTIVE DATE]. [(a)] The annexation of an area must be
346		-	~~completed~~ within 90 days after the date the governing body
347		-	~~institutes the~~ annexation proceedings or those proceedings are
348		-	~~void. Any period~~ during which the municipality is restrained or
349		-	~~enjoined by a court~~ from annexing the area is not included in
350		-	~~computing the 90-day~~ period.
	346	+	EFFECTIVE DATE]. [(a)] The annexation of an area must be completed
	347	+	within 90 days after the date the governing body institutes the
	348	+	annexation proceedings or those proceedings are void. Any period
	349	+	during which the municipality is restrained or enjoined by a court
	350	+	from annexing the area is not included in computing the 90-day
	351	+	period.
351	352		[(b) Notwithstanding any provision of a municipal charter
352	353		to the contrary, the governing body of a municipality with a
353	354		population of 1.6 million or more may provide that an annexation
354	355		take effect on any date within 90 days after the date of the
355	356		adoption of the ordinance providing for the annexation.]
356	357		SECTION 24. Chapter 43, Local Government Code, is amended
357	358		by adding Subchapter C-2 to read as follows:
358	359		SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES: TIER
359	360		2 MUNICIPALITIES
360	361		Sec. 43.066. APPLICABILITY. This subchapter applies only
361	362		to a tier 2 municipality.
362	363		Sec. 43.0661. PROVISION OF CERTAIN SERVICES TO ANNEXED
363	364		AREA. (a) This section applies only to a municipality that
364	365		includes solid waste collection services in the list of services
365	366		that will be provided in the area proposed for annexation on or
366	367		before the second anniversary of the effective date of the
367	368		annexation of the area under a written agreement under Section
368	369		43.0672 or a resolution under Section 43.0682 or 43.0692.
369	370		(b) A municipality is not required to provide solid waste
370	371		collection services to a person who continues to use the services of
371	372		a privately owned solid waste management service provider as
372	373		provided by Subsection (c).
373	374		(c) Before the second anniversary of the effective date of
374	375		the annexation of an area, a municipality may not:
375	376		(1) prohibit the collection of solid waste in the area
376	377		by a privately owned solid waste management service provider; or
377	378		(2) offer solid waste management services in the area
378	379		unless a privately owned solid waste management service provider is
379	380		unavailable.
380	381		Sec. 43.0663. EFFECT ON OTHER LAW. Subchapters C-3 through
381	382		C-5 do not affect the procedures described by Section 397.005 or
382	383		397.006 applicable to a defense community as defined by Section
383	384		397.001.
384	385		SECTION 25. Section 43.030, Local Government Code, is
385	386		transferred to Subchapter C-2, Chapter 43, Local Government Code,
386	387		as added by this Act, redesignated as Section 43.0662, Local
387	388		Government Code, and amended to read as follows:
388	389		Sec. 43.0662 [43.030]. AUTHORITY OF MUNICIPALITY WITH
389	390		POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL,
390	391		SURROUNDED GENERAL-LAW MUNICIPALITY. (a) Notwithstanding
391	392		Subchapter C-4 or C-5, a [A] municipality that has a population of
392	393		74,000 to 99,700, that is located wholly or partly in a county with
393	394		a population of more than 1.8 million, and that completely
394	395		surrounds and is contiguous to a general-law municipality with a
395	396		population of less than 600, may annex the general-law municipality
396	397		as provided by this section.
397	398		(b) The governing body of the smaller municipality may adopt
398	399		an ordinance ordering an election on the question of consenting to
399	400		the annexation of the smaller municipality by the larger
400	401		municipality. The governing body of the smaller municipality shall
401	402		adopt the ordinance if it receives a petition to do so signed by a
402	403		number of qualified voters of the municipality equal to at least 10
403	404		percent of the number of voters of the municipality who voted in the
404	405		most recent general election. If the ordinance ordering the
405	406		election is to be adopted as a result of a petition, the ordinance
406	407		shall be adopted within 30 days after the date the petition is
407	408		received.
408	409		(c) The ordinance ordering the election must provide for the
409	410		submission of the question at an election to be held on the first
410	411		uniform election date prescribed by Chapter 41, Election Code, that
411	412		occurs after the 30th day after the date the ordinance is adopted
412	413		and that affords enough time to hold the election in the manner
413	414		required by law.
414	415		(d) Within 10 days after the date on which the election is
415	416		held, the governing body of the smaller municipality shall canvass
416	417		the election returns and by resolution shall declare the results of
417	418		the election. If a majority of the votes received is in favor of the
418	419		annexation, the secretary of the smaller municipality or other
419	420		appropriate municipal official shall forward by certified mail to
420	421		the secretary of the larger municipality a certified copy of the
421	422		resolution.
422	423		(e) The larger municipality, within 90 days after the date
423	424		the resolution is received, must complete the annexation by
424	425		ordinance in accordance with its municipal charter or the general
425	426		laws of the state. If the annexation is not completed within the
426	427		90-day period, any annexation proceeding is void and the larger
427	428		municipality may not annex the smaller municipality under this
428	429		section. However, the failure to complete the annexation as
429	430		provided by this subsection does not prevent the smaller
430	431		municipality from holding a new election on the question to enable
431	432		the larger municipality to annex the smaller municipality as
432	433		provided by this section.
433	434		(f) If the larger municipality completes the annexation
434	435		within the prescribed period, the incorporation of the smaller
435	436		municipality is abolished. The records, public property, public
436	437		buildings, money on hand, credit accounts, and other assets of the
437	438		smaller municipality become the property of the larger municipality
438	439		and shall be turned over to the officers of that municipality. The
439	440		offices in the smaller municipality are abolished and the persons
440	441		holding those offices are not entitled to further remuneration or
441	442		compensation. All outstanding liabilities of the smaller
442	443		municipality are assumed by the larger municipality.
443	444		(g) In the annexation ordinance, the larger municipality
444	445		shall adopt, for application in the area zoned by the smaller
445	446		municipality, the identical comprehensive zoning ordinance that
446	447		the smaller municipality applied to the area at the time of the
447	448		election. Any attempted annexation of the smaller municipality
448	449		that does not include the adoption of that comprehensive zoning
449	450		ordinance is void. That comprehensive zoning ordinance may not be
450	451		repealed or amended for a period of 10 years unless the written
451	452		consent of the landowners who own at least two-thirds of the surface
452	453		land of the annexed smaller municipality is obtained.
453	454		(h) If the annexed smaller municipality has on hand any bond
454	455		funds for public improvements that are not appropriated or
455	456		contracted for, the funds shall be kept in a separate special fund
456	457		to be used only for public improvements in the area for which the
457	458		bonds were voted.
458	459		(i) On the annexation, all claims, fines, debts, or taxes
459	460		due and payable to the smaller municipality become due and payable
460	461		to the larger municipality and shall be collected by it. If taxes
461	462		for the year in which the annexation occurs have been assessed in
462	463		the smaller municipality before the annexation, the amounts
463	464		assessed remain as the amounts due and payable from the inhabitants
464	465		of the smaller municipality for that year.
465	466		(j) This section does not affect a charter provision of a
466	467		home-rule municipality. This section grants additional power to
467	468		the municipality and is cumulative of the municipal charter.
468	469		SECTION 26. Chapter 43, Local Government Code, is amended
469	470		by adding Subchapters C-3, C-4, and C-5 to read as follows:
470	471		SUBCHAPTER C-3. ANNEXATION OF AREA ON REQUEST OF OWNERS: TIER 2
471	472		MUNICIPALITIES
472	473		Sec. 43.067. APPLICABILITY. This subchapter applies only
473	474		to a tier 2 municipality.
474	475		Sec. 43.0671. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS.
475	476		Notwithstanding Subchapter C-4 or C-5, a municipality may annex an
476	477		area if each owner of land in the area requests the annexation.
477		-	Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES.
478		-	~~(a)~~ The governing body of the municipality that elects to annex an
479		-	~~area~~ under this subchapter must first negotiate and enter into a
480		-	~~written~~ agreement with the owners of land in the area for the
481		-	~~provision of~~ services in the area.
	478	+	Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES. (a)
	479	+	The governing body of the municipality that elects to annex an area
	480	+	under this subchapter must first negotiate and enter into a written
	481	+	agreement with the owners of land in the area for the provision of
	482	+	services in the area.
482	483		(b) The agreement must include:
483	484		(1) a list of each service the municipality will
484	485		provide on the effective date of the annexation; and
485	486		(2) a schedule that includes the period within which
486	487		the municipality will provide each service that is not provided on
487	488		the effective date of the annexation.
488	489		(c) The municipality is not required to provide a service
489	490		that is not included in the agreement.
490	491		Sec. 43.0673. PUBLIC HEARINGS. (a) Before a municipality
491	492		may adopt an ordinance annexing an area under this section, the
492	493		governing body of the municipality must conduct at least two public
493	494		hearings.
494	495		(b) The hearings must be conducted not less than 10 business
495	496		days apart.
496	497		(c) During the first public hearing, the governing body must
497	498		provide persons interested in the annexation the opportunity to be
498	499		heard. During the final public hearing, the governing body may
499	500		adopt an ordinance annexing the area.
500	501		(d) The municipality must post notice of the hearings on the
501	502		municipality's Internet website if the municipality has an Internet
502	503		website and publish notice of the hearings in a newspaper of general
503	504		circulation in the municipality and in the area proposed for
504	505		annexation. The notice for each hearing must be published at least
505	506		once on or after the 20th day but before the 10th day before the date
506	507		of the hearing. The notice for each hearing must be posted on the
507	508		municipality's Internet website on or after the 20th day but before
508	509		the 10th day before the date of the hearing and must remain posted
509	510		until the date of the hearing.
510	511		SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN
511	512		200: TIER 2 MUNICIPALITIES
512	513		Sec. 43.068. APPLICABILITY. This subchapter applies only
513	514		to a tier 2 municipality.
514	515		Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex
515	516		an area with a population of less than 200 only if the following
516	517		conditions are met, as applicable:
517	518		(1) the municipality obtains consent to annex the area
518	519		through a petition signed by more than 50 percent of the registered
519	520		voters of the area; and
520	521		(2) if the registered voters of the area do not own
521	522		more than 50 percent of the land in the area, the petition described
522	523		by Subdivision (1) is signed by more than 50 percent of the owners
523	524		of land in the area.
524	525		Sec. 43.0682. RESOLUTION. The governing body of the
525	526		municipality that proposes to annex an area under this subchapter
526	527		must adopt a resolution that includes:
527	528		(1) a statement of the municipality's intent to annex
528	529		the area;
529	530		(2) a detailed description and map of the area;
530	531		(3) a description of each service to be provided by the
531	532		municipality in the area on or after the effective date of the
532	533		annexation, including, as applicable:
533	534		(A) police protection;
534	535		(B) fire protection;
535	536		(C) emergency medical services;
536	537		(D) solid waste collection;
537	538		(E) operation and maintenance of water and
538	539		wastewater facilities in the annexed area;
539	540		(F) operation and maintenance of roads and
540	541		streets, including road and street lighting;
541	542		(G) operation and maintenance of parks,
542	543		playgrounds, and swimming pools; and
543	544		(H) operation and maintenance of any other
544	545		publicly owned facility, building, or service;
545	546		(4) a list of each service the municipality will
546	547		provide on the effective date of the annexation; and
547	548		(5) a schedule that includes the period within which
548	549		the municipality will provide each service that is not provided on
549	550		the effective date of the annexation.
550	551		Sec. 43.0683. NOTICE OF PROPOSED ANNEXATION. Not later
551	552		than the seventh day after the date the governing body of the
552	553		municipality adopts the resolution under Section 43.0682, the
553	554		municipality must mail to each resident and property owner in the
554	555		area proposed to be annexed notification of the proposed annexation
555	556		that includes:
556	557		(1) notice of the public hearing required by Section
557	558		43.0684;
558	559		(2) an explanation of the 180-day petition period
559	560		described by Section 43.0685; and
560	561		(3) a description, list, and schedule of services to
561	562		be provided by the municipality in the area on or after annexation
562	563		as provided by Section 43.0682.
563	564		Sec. 43.0684. PUBLIC HEARING. The governing body of a
564	565		municipality must conduct at least one public hearing not earlier
565	566		than the 21st day and not later than the 30th day after the date the
566	567		governing body adopts the resolution under Section 43.0682.
567	568		Sec. 43.0685. PETITION. (a) Except as provided by
568	569		Subsection (a-1), the petition required by Section 43.0681 may be
569	570		signed only by a registered voter of the area proposed to be
570	571		annexed.
571	572		(a-1) If the registered voters of the area proposed to be
572	573		annexed do not own more than 50 percent of the land in the area, the
573	574		petition required by Section 43.0681 may also be signed by the
574	575		owners of land in the area that are not registered voters.
575	576		Notwithstanding Subsection (e), the municipality may provide for an
576	577		owner of land in the area that is not a resident of the area to sign
577	578		the petition electronically.
578	579		(a-2) The petition must clearly indicate that the person is
579	580		signing as a registered voter of the area, an owner of land in the
580	581		area, or both.
581	582		(b) The municipality may collect signatures on the petition
582	583		only during the period beginning on the 31st day after the date the
583	584		governing body of the municipality adopts the resolution under
584	585		Section 43.0682 and ending on the 180th day after the date the
585	586		resolution is adopted.
586	587		(c) The petition must clearly state that a person signing
587	588		the petition is consenting to the proposed annexation.
588	589		(d) The petition must include a map of and describe the area
589	590		proposed to be annexed.
590	591		(e) Signatures collected on the petition must be in writing.
591	592		(f) Chapter 277, Election Code, applies to a petition under
592	593		this section.
593	594		Sec. 43.0686. RESULTS OF PETITION. (a) When the petition
594	595		period prescribed by Section 43.0685 ends, the petition shall be
595	596		verified by the municipal secretary or other person responsible for
596	597		verifying signatures. The municipality must notify the residents
597	598		and property owners of the area proposed to be annexed of the
598	599		results of the petition.
599	600		(b) If the municipality does not obtain the number of
600	601		signatures on the petition required to annex the area, the
601	602		municipality may not annex the area and may not adopt another
602	603		resolution under Section 43.0682 to annex the area until the first
603	604		anniversary of the date the petition period ended.
604	605		(c) If the municipality obtains the number of signatures on
605	606		the petition required to annex the area, the municipality may annex
606	607		the area after:
607	608		(1) providing notice under Subsection (a);
608	609		(2) holding a public hearing at which members of the
609	610		public are given an opportunity to be heard; and
610	611		(3) holding a final public hearing not earlier than
611	612		the 10th day after the date of the public hearing under Subdivision
612	613		(2) at which the ordinance annexing the area may be adopted.
613	614		Sec. 43.0687. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
614	615		PETITION. If a petition protesting the annexation of an area under
615	616		this subchapter is signed by a number of registered voters of the
616	617		municipality proposing the annexation equal to at least 50 percent
617	618		of the number of voters who voted in the most recent municipal
618	619		election and is received by the secretary of the municipality
619	620		before the date the petition period prescribed by Section 43.0685
620	621		ends, the municipality may not complete the annexation of the area
621	622		without approval of a majority of the voters of the municipality
622	623		voting at an election called and held for that purpose.
623	624		Sec. 43.0688. RETALIATION FOR ANNEXATION DISAPPROVAL
624	625		PROHIBITED. (a) The disapproval of the proposed annexation of an
625	626		area under this subchapter does not affect any existing legal
626	627		obligation of the municipality proposing the annexation to continue
627	628		to provide governmental services in the area, including water or
628	629		wastewater services.
629	630		(b) The municipality may not initiate a rate proceeding
630	631		solely because of the disapproval of a proposed annexation of an
631	632		area under this subchapter.
632	633		SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST
633	634		200: TIER 2 MUNICIPALITIES
634	635		Sec. 43.069. APPLICABILITY. This subchapter applies only
635	636		to a tier 2 municipality.
636	637		Sec. 43.0691. AUTHORITY TO ANNEX. A municipality may annex
637	638		an area with a population of 200 or more only if the following
638	639		conditions are met, as applicable:
639	640		(1) the municipality holds an election in the area
640	641		proposed to be annexed at which the qualified voters of the area may
641	642		vote on the question of the annexation and a majority of the votes
642	643		received at the election approve the annexation; and
643	644		(2) if the registered voters of the area do not own
644	645		more than 50 percent of the land in the area, the municipality
645	646		obtains consent to annex the area through a petition signed by more
646	647		than 50 percent of the owners of land in the area.
647	648		Sec. 43.0692. RESOLUTION. The governing body of the
648	649		municipality that proposes to annex an area under this subchapter
649	650		must adopt a resolution that includes:
650	651		(1) a statement of the municipality's intent to annex
651	652		the area;
652	653		(2) a detailed description and map of the area;
653	654		(3) a description of each service to be provided by the
654	655		municipality in the area on or after the effective date of the
655	656		annexation, including, as applicable:
656	657		(A) police protection;
657	658		(B) fire protection;
658	659		(C) emergency medical services;
659	660		(D) solid waste collection;
660	661		(E) operation and maintenance of water and
661	662		wastewater facilities in the annexed area;
662	663		(F) operation and maintenance of roads and
663	664		streets, including road and street lighting;
664	665		(G) operation and maintenance of parks,
665	666		playgrounds, and swimming pools; and
666	667		(H) operation and maintenance of any other
667	668		publicly owned facility, building, or service;
668	669		(4) a list of each service the municipality will
669	670		provide on the effective date of the annexation; and
670	671		(5) a schedule that includes the period within which
671	672		the municipality will provide each service that is not provided on
672	673		the effective date of the annexation.
673	674		Sec. 43.0693. NOTICE OF PROPOSED ANNEXATION. Not later
674	675		than the seventh day after the date the governing body of the
675	676		municipality adopts the resolution under Section 43.0692, the
676	677		municipality must mail to each property owner in the area proposed
677	678		to be annexed notification of the proposed annexation that
678	679		includes:
679	680		(1) notice of the public hearings required by Section
680	681		43.0694;
681	682		(2) notice that an election on the question of
682	683		annexing the area will be held; and
683	684		(3) a description, list, and schedule of services to
684	685		be provided by the municipality in the area on or after annexation
685	686		as provided by Section 43.0692.
686		-	Sec. 43.0694. PUBLIC HEARINGS. (a) The governing body of
687		-	a municipality must conduct an initial public hearing not earlier
	687	+	Sec. 43.0694. PUBLIC HEARINGS. (a) The governing body of a
	688	+	municipality must conduct an initial public hearing not earlier
688	689		than the 21st day and not later than the 30th day after the date the
689	690		governing body adopts the resolution under Section 43.0692.
690	691		(b) The governing body must conduct at least one additional
691	692		public hearing not earlier than the 31st day and not later than the
692	693		90th day after the date the governing body adopts a resolution under
693	694		Section 43.0692.
694	695		Sec. 43.0695. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN
695	696		AREAS. (a) If the registered voters in the area proposed to be
696	697		annexed do not own more than 50 percent of the land in the area, the
697	698		municipality must obtain consent to the annexation through a
698	699		petition signed by more than 50 percent of the owners of land in the
699	700		area in addition to the election required by this subchapter.
700	701		(b) The municipality must obtain the consent required by
701	702		this section through the petition process prescribed by Sections
702	703		43.0685(b)-(e), and the petition must be verified in the manner
703	704		provided by Section 43.0686(a).
704	705		(c) Notwithstanding Section 43.0685(e), the municipality
705	706		may provide for an owner of land in the area that is not a resident
706	707		of the area to sign the petition electronically.
707	708		Sec. 43.0696. ELECTION. (a) A municipality shall order an
708	709		election on the question of annexing an area to be held on the first
709	710		uniform election date that falls on or after:
710	711		(1) the 90th day after the date the governing body of
711	712		the municipality adopts the resolution under Section 43.0692; or
712	713		(2) if the consent of the owners of land in the area is
713	714		required under Section 43.0695, the 78th day after the date the
714	715		petition period to obtain that consent ends.
715	716		(b) An election under this section shall be held in the same
716	717		manner as general elections of the municipality. The municipality
717	718		shall pay for the costs of holding the election.
718	719		(c) A municipality that holds an election under this section
719	720		may not hold another election on the question of annexation before
720	721		the corresponding uniform election date of the following year.
721		-	Sec. 43.0697. RESULTS OF ELECTION AND PETITION.
722		-	~~(a)~~ Following an election held under this subchapter, the
723		-	~~municipality~~ must notify the residents of the area proposed to be
724		-	~~annexed of the~~ results of the election and, if applicable, of the
725		-	~~petition~~ required by Section 43.0695.
	722	+	Sec. 43.0697. RESULTS OF ELECTION AND PETITION. (a)
	723	+	Following an election held under this subchapter, the municipality
	724	+	must notify the residents of the area proposed to be annexed of the
	725	+	results of the election and, if applicable, of the petition
	726	+	required by Section 43.0695.
726	727		(b) If at the election held under this subchapter a majority
727	728		of qualified voters do not approve the proposed annexation, or if
728	729		the municipality is required to petition owners of land in the area
729	730		under Section 43.0695 and does not obtain the required number of
730	731		signatures, the municipality may not annex the area and may not
731	732		adopt another resolution under Section 43.0692 to annex the area
732	733		until the first anniversary of the date of the adoption of the
733	734		resolution.
734	735		(c) If at the election held under this subchapter a majority
735	736		of qualified voters approve the proposed annexation, and if the
736	737		municipality, as applicable, obtains the required number of
737	738		petition signatures under Section 43.0695, the municipality may
738	739		annex the area after:
739	740		(1) providing notice under Subsection (a);
740	741		(2) holding a public hearing at which members of the
741	742		public are given an opportunity to be heard; and
742	743		(3) holding a final public hearing not earlier than
743	744		the 10th day after the date of the public hearing under Subdivision
744	745		(2) at which the ordinance annexing the area may be adopted.
745	746		Sec. 43.0698. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON
746	747		PETITION. If a petition protesting the annexation of an area under
747	748		this subchapter is signed by a number of registered voters of the
748	749		municipality proposing the annexation equal to at least 50 percent
749	750		of the number of voters who voted in the most recent municipal
750	751		election and is received by the secretary of the municipality
751	752		before the date the election required by this subchapter is held,
752	753		the municipality may not complete the annexation of the area
753	754		without approval of a majority of the voters of the municipality
754	755		voting at a separate election called and held for that purpose.
755	756		Sec. 43.0699. RETALIATION FOR ANNEXATION DISAPPROVAL
756	757		PROHIBITED. (a) The disapproval of the proposed annexation of an
757	758		area under this subchapter does not affect any existing legal
758	759		obligation of the municipality proposing the annexation to continue
759	760		to provide governmental services in the area, including water or
760	761		wastewater services.
761	762		(b) The municipality may not initiate a rate proceeding
762	763		solely because of the disapproval of a proposed annexation of an
763	764		area under this subchapter.
764	765		SECTION 27. Sections 43.0715(b) and (c), Local Government
765	766		Code, are amended to read as follows:
766	767		(b) If a municipality with a population of less than 1.5
767	768		million annexes a special district for full or limited purposes and
768	769		the annexation precludes or impairs the ability of the district to
769	770		issue bonds, the municipality shall, prior to the effective date of
770	771		the annexation, pay in cash to the landowner or developer of the
771	772		district a sum equal to all actual costs and expenses incurred by
772	773		the landowner or developer in connection with the district that the
773	774		district has, in writing, agreed to pay and that would otherwise
774	775		have been eligible for reimbursement from bond proceeds under the
775	776		rules and requirements of the Texas [Natural Resource Conservation]
776	777		Commission on Environmental Quality as such rules and requirements
777	778		exist on the date of annexation. [For an annexation that is subject
778	779		to preclearance by a federal authority, a payment will be
779	780		considered timely if the municipality: (i) escrows the
780	781		reimbursable amounts determined in accordance with Subsection (c)
781	782		prior to the effective date of the annexation; and (ii)
782	783		subsequently causes the escrowed funds and accrued interest to be
783	784		disbursed to the developer within five business days after the
784	785		municipality receives notice of the preclearance.]
785	786		(c) At the time notice of the municipality's intent to annex
786	787		the land within the district is first given [published] in
787	788		accordance with Section 43.052, 43.0683, or 43.0693, as applicable,
788	789		the municipality shall proceed to initiate and complete a report
789	790		for each developer conducted in accordance with the format approved
790	791		by the Texas [Natural Resource Conservation] Commission on
791	792		Environmental Quality for audits. In the event the municipality is
792	793		unable to complete the report prior to the effective date of the
793	794		annexation as a result of the developer's failure to provide
794	795		information to the municipality which cannot be obtained from other
795	796		sources, the municipality shall obtain from the district the
796	797		estimated costs of each project previously undertaken by a
797	798		developer which are eligible for reimbursement. The amount of such
798	799		costs, as estimated by the district, shall be escrowed by the
799	800		municipality for the benefit of the persons entitled to receive
800	801		payment in an insured interest-bearing account with a financial
801	802		institution authorized to do business in the state. To compensate
802	803		the developer for the municipality's use of the infrastructure
803	804		facilities pending the determination of the reimbursement amount
804	805		[or federal preclearance], all interest accrued on the escrowed
805	806		funds shall be paid to the developer whether or not the annexation
806	807		is valid. Upon placement of the funds in the escrow account, the
807	808		annexation may become effective. In the event a municipality
808	809		timely escrows all estimated reimbursable amounts as required by
809	810		this subsection and all such amounts, determined to be owed,
810	811		including interest, are subsequently disbursed to the developer
811	812		within five days of final determination in immediately available
812	813		funds as required by this section, no penalties or interest shall
813	814		accrue during the pendency of the escrow. Either the municipality
814	815		or developer may, by written notice to the other party, require
815	816		disputes regarding the amount owed under this section to be subject
816	817		to nonbinding arbitration in accordance with the rules of the
817	818		American Arbitration Association.
818	819		SECTION 28. Section 43.0751, Local Government Code, is
819	820		amended by amending Subsection (h) and adding Subsection (s) to
820	821		read as follows:
821	822		(h) On the full-purpose annexation conversion date set
822	823		forth in the strategic partnership agreement pursuant to Subsection
823	824		(f)(5) [(f)(5)(A)], the land included within the boundaries of the
824	825		district shall be deemed to be within the full-purpose boundary
825	826		limits of the municipality without the need for further action by
826	827		the governing body of the municipality. The full-purpose
827	828		annexation conversion date established by a strategic partnership
828	829		agreement may be altered only by mutual agreement of the district
829	830		and the municipality. However, nothing herein shall prevent the
830	831		municipality from terminating the agreement and instituting
831	832		proceedings to annex the district, on request by the governing body
832	833		of the district, on any date prior to the full-purpose annexation
833	834		conversion date established by the strategic partnership agreement
834	835		under the procedures applicable to a tier 1 municipality. Land
835	836		annexed for limited or full purposes under this section shall not be
836	837		included in calculations prescribed by Section 43.055(a).
837	838		(s) Notwithstanding any other law, the procedures
838	839		prescribed by Subchapters C-3, C-4, and C-5 do not apply to the
839	840		annexation of an area under this section. Except as provided by
840	841		Subsection (h), a municipality shall follow the procedures
841	842		established under the strategic partnership agreement for
842	843		full-purpose annexation of an area under this section.
843	844		SECTION 29. The heading to Section 43.101, Local Government
844	845		Code, is amended to read as follows:
845	846		Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR [BY
846	847		GENERAL-LAW MUNICIPALITY].
847	848		SECTION 30. Section 43.101(c), Local Government Code, is
848	849		amended to read as follows:
849	850		(c) The area may be annexed without the consent of any [the]
850	851		owners or residents of the area under the procedures applicable to a
851	852		tier 1 municipality by:
852	853		(1) a tier 1 municipality; and
853	854		(2) if there are no owners other than the municipality
854	855		or residents of the area, a tier 2 municipality.
855	856		SECTION 31. Section 43.102(c), Local Government Code, is
856	857		amended to read as follows:
857	858		(c) The area may be annexed without the consent of any [the]
858	859		owners or residents of the area under the procedures applicable to a
859	860		tier 1 municipality by:
860	861		(1) a tier 1 municipality; and
861	862		(2) if there are no owners other than the municipality
862	863		or residents of the area, a tier 2 municipality.
863	864		SECTION 32. Section 43.1025(c), Local Government Code, is
864	865		amended to read as follows:
865	866		(c) The area described by Subsection (b) may be annexed
866	867		under the requirements applicable to a tier 2 municipality [without
867	868		the consent of the owners or residents of the area], but the
868	869		annexation may not occur unless each municipality in whose
869	870		extraterritorial jurisdiction the area may be located:
870	871		(1) consents to the annexation; and
871	872		(2) reduces its extraterritorial jurisdiction over
872	873		the area as provided by Section 42.023.
873	874		SECTION 33. The heading to Section 43.103, Local Government
874	875		Code, is amended to read as follows:
875	876		Sec. 43.103. ANNEXATION OF STREETS, HIGHWAYS, AND OTHER
876	877		WAYS BY GENERAL-LAW TIER 1 MUNICIPALITIES [MUNICIPALITY].
877	878		SECTION 34. Section 43.103(a), Local Government Code, is
878	879		amended to read as follows:
879	880		(a) A general-law tier 1 municipality with a population of
880	881		500 or more may annex, by ordinance and without the consent of any
881	882		person, the part of a street, highway, alley, or other public or
882	883		private way, including a railway line, spur, or roadbed, that is
883	884		adjacent and runs parallel to the boundaries of the municipality.
884	885		SECTION 35. Section 43.105, Local Government Code, is
885	886		amended by amending Subsection (a) and adding Subsection (a-1) to
886	887		read as follows:
887	888		(a) This section applies only to:
888	889		(1) a [A] general-law tier 1 municipality that:
889		-	(A) has a population of 1,066-1,067; and
890		-	(B) is located in a county with a population of
891		-	85,000 or more that is not adjacent to a county with a population of
892		-	2 million or more;[,] or
	890	+	(A) has a population of 1,066-1,067;
	891	+	(B) [and] is located in a county with a
	892	+	population of 85,000 or more; and
	893	+	(C) [that] is not adjacent to a county with a
	894	+	population of 2 million or more;[,] or
893	895		(2) a general-law tier 1 municipality that has a
894	896		population of 6,000-6,025.
895	897		(a-1) Subject to Section 43.1055, a municipality described
896	898		by Subsection (a) may annex, by ordinance and without the consent of
897	899		any person, a public street, highway, road, or alley adjacent to the
898	900		municipality.
899	901		SECTION 36. Subchapter E, Chapter 43, Local Government
900	902		Code, is amended by adding Section 43.1055 to read as follows:
901	903		Sec. 43.1055. ANNEXATION OF ROADS AND RIGHTS-OF-WAY IN
902	904		CERTAIN LARGE COUNTIES. Notwithstanding any other law, a tier 2
903	905		municipality may by ordinance annex a road or the right-of-way of a
904	906		road on request of the owner of the road or right-of-way or the
905	907		governing body of the political subdivision that maintains the road
906	908		or right-of-way under the procedures applicable to a tier 1
907	909		municipality.
908	910		SECTION 37. Sections 43.121(a) and (c), Local Government
909	911		Code, are amended to read as follows:
910	912		(a) Subject to Section 43.1211, the [The] governing body of
911	913		a home-rule municipality with more than 225,000 inhabitants by
912	914		ordinance may annex an area for the limited purposes of applying its
913	915		planning, zoning, health, and safety ordinances in the area.
914	916		(c) The provisions of this subchapter, other than Sections
915	917		43.1211 and [Section] 43.136, do not affect the authority of a
916	918		municipality to annex an area for limited purposes under Section
917	919		43.136 or any other statute granting the authority to annex for
918	920		limited purposes.
919	921		SECTION 38. Subchapter F, Chapter 43, Local Government
920	922		Code, is amended by adding Section 43.1211 to read as follows:
921	923		Sec. 43.1211. AUTHORITY OF CERTAIN TIER 2 MUNICIPALITIES TO
922	924		ANNEX FOR LIMITED PURPOSES. Except as provided by Section 43.0751,
923	925		beginning December 1, 2017, a tier 2 municipality described by
924	926		Section 43.121(a) may annex an area for the limited purposes of
925	927		applying its planning, zoning, health, and safety ordinances in the
926	928		area using the procedures under Subchapter C-3, C-4, or C-5, as
927	929		applicable.
928	930		SECTION 39. Sections 43.141(a) and (b), Local Government
929	931		Code, are amended to read as follows:
930	932		(a) A majority of the qualified voters of an annexed area
931	933		may petition the governing body of the municipality to disannex the
932	934		area if the municipality fails or refuses to provide services or to
933	935		cause services to be provided to the area:
934	936		(1) if the municipality is a tier 1 municipality,
935	937		within the period specified by Section 43.056 or by the service plan
936	938		prepared for the area under that section; or
937	939		(2) if the municipality is a tier 2 municipality,
938	940		within the period specified by the written agreement under Section
939	941		43.0672 or the resolution under Section 43.0682 or 43.0692, as
940	942		applicable.
941	943		(b) If the governing body fails or refuses to disannex the
942	944		area within 60 days after the date of the receipt of the petition,
943	945		any one or more of the signers of the petition may bring a cause of
944	946		action in a district court of the county in which the area is
945	947		principally located to request that the area be disannexed. On the
946	948		filing of an answer by the governing body, and on application of
947	949		either party, the case shall be advanced and heard without further
948	950		delay in accordance with the Texas Rules of Civil Procedure. The
949	951		district court shall enter an order disannexing the area if the
950	952		court finds that a valid petition was filed with the municipality
951	953		and that the municipality failed to:
952	954		(1) perform its obligations in accordance with:
953	955		(A) the service plan under Section 43.056;
954	956		(B) the written agreement entered into under
955	957		Section 43.0672; or
956	958		(C) the resolution adopted under Section 43.0682
957	959		or 43.0692, as applicable; or
958	960		(2) [failed to] perform in good faith.
959	961		SECTION 40. Sections 43.203(a) and (b), Local Government
960	962		Code, are amended to read as follows:
961	963		(a) Notwithstanding any other law, the [The] governing body
962	964		of a district by resolution may petition a municipality to alter the
963	965		annexation status of land in the district from full-purpose
964	966		annexation to limited-purpose annexation.
965	967		(b) On receipt of the district's petition, the governing
966	968		body of the municipality shall enter into negotiations with the
967	969		district for an agreement to alter the status of annexation that
968	970		must:
969	971		(1) specify the period, which may not be less than 10
970	972		years beginning on January 1 of the year following the date of the
971	973		agreement, in which limited-purpose annexation is in effect;
972	974		(2) provide that, at the expiration of the period, the
973	975		district's annexation status will automatically revert to
974	976		full-purpose annexation without following procedures provided by
975	977		Sections 43.014 and 43.052 [43.051] through 43.055 or any other
976	978		procedural requirement for annexation not in effect on January 1,
977	979		1995; and
978	980		(3) specify the financial obligations of the district
979	981		during and after the period of limited-purpose annexation for:
980	982		(A) facilities constructed by the municipality
981	983		that are in or that serve the district;
982	984		(B) debt incurred by the district for water and
983	985		sewer infrastructure that will be assumed by the municipality at
984	986		the end of the period of limited-purpose annexation; and
985	987		(C) use of the municipal sales taxes collected by
986	988		the municipality for facilities or services in the district.
987	989		SECTION 41. Section 43.905(a), Local Government Code, is
988	990		amended to read as follows:
989	991		(a) A municipality that proposes to annex an area shall
990	992		provide written notice of the proposed annexation to each public
991	993		school district located in the area proposed for annexation within
992	994		the period prescribed for providing [publishing] the notice of the
993	995		first hearing under Section 43.0561, [or] 43.063, 43.0673, 43.0683,
994	996		or 43.0693, as applicable.
995	997		SECTION 42. Subchapter Z, Chapter 43, Local Government
996	998		Code, is amended by adding Section 43.9051 to read as follows:
997	999		Sec. 43.9051. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR
998	1000		POLITICAL SUBDIVISIONS. (a) In this section, "public entity"
999	1001		includes a county, fire protection service provider, including a
1000	1002		volunteer fire department, emergency medical services provider,
1001	1003		including a volunteer emergency medical services provider, or
1002	1004		special district, as that term is defined by Section 43.052.
1003	1005		(b) A municipality that proposes to annex an area shall
1004	1006		provide written notice of the proposed annexation within the period
1005	1007		prescribed for providing the notice of the first hearing under
1006	1008		Section 43.0561, 43.063, 43.0673, 43.0683, or 43.0693, as
1007	1009		applicable, to each public entity that is located in or provides
1008	1010		services to the area proposed for annexation.
1009	1011		(c) A municipality that proposes to enter into a strategic
1010	1012		partnership agreement under Section 43.0751 shall provide written
1011	1013		notice of the proposed agreement within the period prescribed for
1012	1014		providing the notice of the first hearing under Section 43.0751 to
1013	1015		each political subdivision that is located in or provides services
1014	1016		to the area subject to the proposed agreement.
1015	1017		(d) A notice to a public entity or political subdivision
1016	1018		shall contain a description of:
1017	1019		(1) the area proposed for annexation;
1018	1020		(2) any financial impact on the public entity or
1019	1021		political subdivision resulting from the annexation, including any
1020	1022		changes in the public entity's or political subdivision's revenues
1021	1023		or maintenance and operation costs; and
1022	1024		(3) any proposal the municipality has to abate,
1023	1025		reduce, or limit any financial impact on the public entity or
1024	1026		political subdivision.
1025	1027		(e) The municipality may not proceed with the annexation
1026	1028		unless the municipality provides the required notice under this
1027	1029		section.
1028		-	SECTION 43. Subchapter Z, Chapter 43, Local Government
1029		-	Code, is amended by adding Section 43.908 to read as follows:
1030		-	Sec. 43.908. ENFORCEMENT OF CHAPTER. (a) This chapter may
1031		-	be enforced only through mandamus or declaratory or injunctive
1032		-	relief.
1033		-	(b) A political subdivision's immunity from suit is waived
1034		-	in regard to an action under this chapter.
1035		-	(c) A court may award court costs and reasonable and
1036		-	necessary attorney's fees to the prevailing party in an action
1037		-	under this chapter.
1038		-	SECTION 44. Section 8395.151, Special District Local Laws
	1030	+	SECTION 43. Section 8395.151, Special District Local Laws
1039	1031		Code, is amended to read as follows:
1040	1032		Sec. 8395.151. ANNEXATION BY MUNICIPALITY. (a) The
1041	1033		governing body of a [A] municipality that plans to [may] annex all
1042	1034		or part of the district first must adopt a resolution of intention
1043	1035		to annex all or part of the district and transmit that resolution to
1044	1036		the district and the following districts:
1045	1037		(1) Travis County Municipal Utility District No. 4;
1046	1038		(2) Travis County Municipal Utility District No. 5;
1047	1039		(3) Travis County Municipal Utility District No. 6;
1048	1040		(4) Travis County Municipal Utility District No. 7;
1049	1041		(5) Travis County Municipal Utility District No. 8;
1050	1042		(6) Travis County Municipal Utility District No. 9;
1051	1043		and
1052	1044		(7) Travis County Water Control and Improvement
1053	1045		District No. 19.
1054	1046		(b) On receipt of a resolution described by Subsection (a),
1055	1047		the district and each of the districts listed in Subsection (a)
1056	1048		shall call an election to be held on the next uniform election date
1057	1049		on the question of whether the annexation should be authorized.
1058	1050		(c) The municipality may annex the territory described by
1059	1051		the resolution only if a majority of the total number of voters
1060	1052		voting in all of the districts' elections vote in favor of
1061	1053		authorizing the annexation.
1062	1054		(d) The municipality seeking annexation shall pay the costs
1063	1055		of the elections held under this section [on the earlier of:
1064	1056		[(1) the installation of 90 percent of all works,
1065	1057		improvements, facilities, plants, equipment, and appliances
1066	1058		necessary and adequate to:
1067	1059		[(A) provide service to the proposed development
1068	1060		within the district;
1069	1061		[(B) accomplish the purposes for which the
1070	1062		district was created; and
1071	1063		[(C) exercise the powers provided by general law
1072	1064		and this chapter; or
1073	1065		[(2) the 20th anniversary of the date the district was
1074	1066		confirmed].
1075		-	SECTION 45. Section 8396.151, Special District Local Laws
	1067	+	SECTION 44. Section 8396.151, Special District Local Laws
1076	1068		Code, is amended to read as follows:
1077	1069		Sec. 8396.151. ANNEXATION BY MUNICIPALITY. (a) The
1078	1070		governing body of a [A] municipality that plans to [may] annex all
1079	1071		or part of the district first must adopt a resolution of intention
1080	1072		to annex all or part of the district and transmit that resolution to
1081	1073		the district and the following districts:
1082	1074		(1) Travis County Municipal Utility District No. 3;
1083	1075		(2) Travis County Municipal Utility District No. 5;
1084	1076		(3) Travis County Municipal Utility District No. 6;
1085	1077		(4) Travis County Municipal Utility District No. 7;
1086	1078		(5) Travis County Municipal Utility District No. 8;
1087	1079		(6) Travis County Municipal Utility District No. 9;
1088	1080		and
1089	1081		(7) Travis County Water Control and Improvement
1090	1082		District No. 19.
1091	1083		(b) On receipt of a resolution described by Subsection (a),
1092	1084		the district and each of the districts listed in Subsection (a)
1093	1085		shall call an election to be held on the next uniform election date
1094	1086		on the question of whether the annexation should be authorized.
1095	1087		(c) The municipality may annex the territory described in
1096	1088		the resolution only if a majority of the total number of voters
1097	1089		voting in all of the districts' elections vote in favor of
1098	1090		authorizing the annexation.
1099	1091		(d) The municipality seeking annexation shall pay the costs
1100	1092		of the elections held under this section [on the earlier of:
1101	1093		[(1) the installation of 90 percent of all works,
1102	1094		improvements, facilities, plants, equipment, and appliances
1103	1095		necessary and adequate to:
1104	1096		[(A) provide service to the proposed development
1105	1097		within the district;
1106	1098		[(B) accomplish the purposes for which the
1107	1099		district was created; and
1108	1100		[(C) exercise the powers provided by general law
1109	1101		and this chapter; or
1110	1102		[(2) the 20th anniversary of the date the district was
1111	1103		confirmed].
1112		-	SECTION 46. Section 8397.151, Special District Local Laws
	1104	+	SECTION 45. Section 8397.151, Special District Local Laws
1113	1105		Code, is amended to read as follows:
1114	1106		Sec. 8397.151. ANNEXATION BY MUNICIPALITY. (a) The
1115	1107		governing body of a [A] municipality that plans to [may] annex all
1116	1108		or part of the district first must adopt a resolution of intention
1117	1109		to annex all or part of the district and transmit that resolution to
1118	1110		the district and the following districts:
1119	1111		(1) Travis County Municipal Utility District No. 3;
1120	1112		(2) Travis County Municipal Utility District No. 4;
1121	1113		(3) Travis County Municipal Utility District No. 6;
1122	1114		(4) Travis County Municipal Utility District No. 7;
1123	1115		(5) Travis County Municipal Utility District No. 8;
1124	1116		(6) Travis County Municipal Utility District No. 9;
1125	1117		and
1126	1118		(7) Travis County Water Control and Improvement
1127	1119		District No. 19.
1128	1120		(b) On receipt of a resolution described by Subsection (a),
1129	1121		the district and each of the districts listed in Subsection (a)
1130	1122		shall call an election to be held on the next uniform election date
1131	1123		on the question of whether the annexation should be authorized.
1132	1124		(c) The municipality may annex the territory described in
1133	1125		the resolution only if a majority of the total number of voters
1134	1126		voting in all of the districts' elections vote in favor of
1135	1127		authorizing the annexation.
1136	1128		(d) The municipality seeking annexation shall pay the costs
1137	1129		of the elections held under this section [on the earlier of:
1138	1130		[(1) the installation of 90 percent of all works,
1139	1131		improvements, facilities, plants, equipment, and appliances
1140	1132		necessary and adequate to:
1141	1133		[(A) provide service to the proposed development
1142	1134		within the district;
1143	1135		[(B) accomplish the purposes for which the
1144	1136		district was created; and
1145	1137		[(C) exercise the powers provided by general law
1146	1138		and this chapter; or
1147	1139		[(2) the 20th anniversary of the date the district was
1148	1140		confirmed].
1149		-	SECTION 47. Section 8398.151, Special District Local Laws
	1141	+	SECTION 46. Section 8398.151, Special District Local Laws
1150	1142		Code, is amended to read as follows:
1151	1143		Sec. 8398.151. ANNEXATION BY MUNICIPALITY. (a) The
1152	1144		governing body of a [A] municipality that plans to [may] annex all
1153	1145		or part of the district first must adopt a resolution of intention
1154	1146		to annex all or part of the district and transmit that resolution to
1155	1147		the district and the following districts:
1156	1148		(1) Travis County Municipal Utility District No. 3;
1157	1149		(2) Travis County Municipal Utility District No. 4;
1158	1150		(3) Travis County Municipal Utility District No. 5;
1159	1151		(4) Travis County Municipal Utility District No. 7;
1160	1152		(5) Travis County Municipal Utility District No. 8;
1161	1153		(6) Travis County Municipal Utility District No. 9;
1162	1154		and
1163	1155		(7) Travis County Water Control and Improvement
1164	1156		District No. 19.
1165	1157		(b) On receipt of a resolution described by Subsection (a),
1166	1158		the district and each of the districts listed in Subsection (a)
1167	1159		shall call an election to be held on the next uniform election date
1168	1160		on the question of whether the annexation should be authorized.
1169	1161		(c) The municipality may annex the territory described in
1170	1162		the resolution only if a majority of the total number of voters
1171	1163		voting in all of the districts' elections vote in favor of
1172	1164		authorizing the annexation.
1173	1165		(d) The municipality seeking annexation shall pay the costs
1174	1166		of the elections held under this section [on the earlier of:
1175	1167		[(1) the installation of 90 percent of all works,
1176	1168		improvements, facilities, plants, equipment, and appliances
1177	1169		necessary and adequate to:
1178	1170		[(A) provide service to the proposed development
1179	1171		within the district;
1180	1172		[(B) accomplish the purposes for which the
1181	1173		district was created; and
1182	1174		[(C) exercise the powers provided by general law
1183	1175		and this chapter; or
1184	1176		[(2) the 20th anniversary of the date the district was
1185	1177		confirmed].
1186		-	SECTION 48. Section 8399.151, Special District Local Laws
	1178	+	SECTION 47. Section 8399.151, Special District Local Laws
1187	1179		Code, is amended to read as follows:
1188	1180		Sec. 8399.151. ANNEXATION BY MUNICIPALITY. (a) The
1189	1181		governing body of a [A] municipality that plans to [may] annex all
1190	1182		or part of the district first must adopt a resolution of intention
1191	1183		to annex all or part of the district and transmit that resolution to
1192	1184		the district and the following districts:
1193	1185		(1) Travis County Municipal Utility District No. 3;
1194	1186		(2) Travis County Municipal Utility District No. 4;
1195	1187		(3) Travis County Municipal Utility District No. 5;
1196	1188		(4) Travis County Municipal Utility District No. 6;
1197	1189		(5) Travis County Municipal Utility District No. 8;
1198	1190		(6) Travis County Municipal Utility District No. 9;
1199	1191		and
1200	1192		(7) Travis County Water Control and Improvement
1201	1193		District No. 19.
1202	1194		(b) On receipt of a resolution described by Subsection (a),
1203	1195		the district and each of the districts listed in Subsection (a)
1204	1196		shall call an election to be held on the next uniform election date
1205	1197		on the question of whether the annexation should be authorized.
1206	1198		(c) The municipality may annex the territory described in
1207	1199		the resolution only if a majority of the total number of voters
1208	1200		voting in all of the districts' elections vote in favor of
1209	1201		authorizing the annexation.
1210	1202		(d) The municipality seeking annexation shall pay the costs
1211	1203		of the elections held under this section [on the earlier of:
1212	1204		[(1) the installation of 90 percent of all works,
1213	1205		improvements, facilities, plants, equipment, and appliances
1214	1206		necessary and adequate to:
1215	1207		[(A) provide service to the proposed development
1216	1208		within the district;
1217	1209		[(B) accomplish the purposes for which the
1218	1210		district was created; and
1219	1211		[(C) exercise the powers provided by general law
1220	1212		and this chapter; or
1221	1213		[(2) the 20th anniversary of the date the district was
1222	1214		confirmed].
1223		-	SECTION 49. Section 8400.151, Special District Local Laws
	1215	+	SECTION 48. Section 8400.151, Special District Local Laws
1224	1216		Code, is amended to read as follows:
1225	1217		Sec. 8400.151. ANNEXATION BY MUNICIPALITY. (a) The
1226	1218		governing body of a [A] municipality that plans to [may] annex all
1227	1219		or part of the district first must adopt a resolution of intention
1228	1220		to annex all or part of the district and transmit that resolution to
1229	1221		the district and the following districts:
1230	1222		(1) Travis County Municipal Utility District No. 3;
1231	1223		(2) Travis County Municipal Utility District No. 4;
1232	1224		(3) Travis County Municipal Utility District No. 5;
1233	1225		(4) Travis County Municipal Utility District No. 6;
1234	1226		(5) Travis County Municipal Utility District No. 7;
1235	1227		(6) Travis County Municipal Utility District No. 9;
1236	1228		and
1237	1229		(7) Travis County Water Control and Improvement
1238	1230		District No. 19.
1239	1231		(b) On receipt of a resolution described by Subsection (a),
1240	1232		the district and each of the districts listed in Subsection (a)
1241	1233		shall call an election to be held on the next uniform election date
1242	1234		on the question of whether the annexation should be authorized.
1243	1235		(c) The municipality may annex the territory described in
1244	1236		the resolution only if a majority of the total number of voters
1245	1237		voting in all of the districts' elections vote in favor of
1246	1238		authorizing the annexation.
1247	1239		(d) The municipality seeking annexation shall pay the costs
1248	1240		of the elections held under this section [on the earlier of:
1249	1241		[(1) the installation of 90 percent of all works,
1250	1242		improvements, facilities, plants, equipment, and appliances
1251	1243		necessary and adequate to:
1252	1244		[(A) provide service to the proposed development
1253	1245		within the district;
1254	1246		[(B) accomplish the purposes for which the
1255	1247		district was created; and
1256	1248		[(C) exercise the powers provided by general law
1257	1249		and this chapter; or
1258	1250		[(2) the 20th anniversary of the date the district was
1259	1251		confirmed].
1260		-	SECTION 50. Section 8401.151, Special District Local Laws
	1252	+	SECTION 49. Section 8401.151, Special District Local Laws
1261	1253		Code, is amended to read as follows:
1262	1254		Sec. 8401.151. ANNEXATION BY MUNICIPALITY. (a) The
1263	1255		governing body of a [A] municipality that plans to [may] annex all
1264	1256		or part of the district first must adopt a resolution of intention
1265	1257		to annex all or part of the district and transmit that resolution to
1266	1258		the district and the following districts:
1267	1259		(1) Travis County Municipal Utility District No. 3;
1268	1260		(2) Travis County Municipal Utility District No. 4;
1269	1261		(3) Travis County Municipal Utility District No. 5;
1270	1262		(4) Travis County Municipal Utility District No. 6;
1271	1263		(5) Travis County Municipal Utility District No. 7;
1272	1264		(6) Travis County Municipal Utility District No. 8;
1273	1265		and
1274	1266		(7) Travis County Water Control and Improvement
1275	1267		District No. 19.
1276	1268		(b) On receipt of a resolution described by Subsection (a),
1277	1269		the district and each of the districts listed in Subsection (a)
1278	1270		shall call an election to be held on the next uniform election date
1279	1271		on the question of whether the annexation should be authorized.
1280	1272		(c) The municipality may annex the territory described in
1281	1273		the resolution only if a majority of the total number of voters
1282	1274		voting in all of the districts' elections vote in favor of
1283	1275		authorizing the annexation.
1284	1276		(d) The municipality seeking annexation shall pay the costs
1285	1277		of the elections held under this section [on the earlier of:
1286	1278		[(1) the installation of 90 percent of all works,
1287	1279		improvements, facilities, plants, equipment, and appliances
1288	1280		necessary and adequate to:
1289	1281		[(A) provide service to the proposed development
1290	1282		within the district;
1291	1283		[(B) accomplish the purposes for which the
1292	1284		district was created; and
1293	1285		[(C) exercise the powers provided by general law
1294	1286		and this chapter; or
1295	1287		[(2) the 20th anniversary of the date the district was
1296	1288		confirmed].
1297		-	SECTION 51. Section 8489.109, Special District Local Laws
	1289	+	SECTION 50. Section 8489.109, Special District Local Laws
1298	1290		Code, is amended to read as follows:
1299	1291		Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1300	1292		For the purposes of Section 43.003(2) [43.021(2)], Local Government
1301	1293		Code, or other law, including a municipal charter or ordinance
1302	1294		relating to annexation, an area adjacent to the district or any new
1303	1295		district created by the division of the district is considered
1304	1296		adjacent to a municipality in whose corporate limits or
1305	1297		extraterritorial jurisdiction any of the land in the area described
1306	1298		by Section 2 of the Act enacting this chapter is located.
1307		-	SECTION 52. Section 9038.110, Special District Local Laws
	1299	+	SECTION 51. Section 9038.110, Special District Local Laws
1308	1300		Code, is amended to read as follows:
1309	1301		Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1310	1302		For the purposes of Section 43.003(2) [43.021(2)], Local Government
1311	1303		Code, or other law, including a municipal charter or ordinance
1312	1304		relating to annexation, an area adjacent to the district or any new
1313	1305		district created by the division of the district is considered
1314	1306		adjacent to a municipality in whose corporate limits or
1315	1307		extraterritorial jurisdiction any of the land in the area described
1316	1308		by Section 2 of the Act creating this chapter is located.
1317		-	SECTION 53. Section 9039.110, Special District Local Laws
	1309	+	SECTION 52. Section 9039.110, Special District Local Laws
1318	1310		Code, is amended to read as follows:
1319	1311		Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
1320	1312		For the purposes of Section 43.003(2) [43.021(2)], Local Government
1321	1313		Code, or other law, including a municipal charter or ordinance
1322	1314		relating to annexation, an area adjacent to the district or any new
1323	1315		district created by the division of the district is considered
1324	1316		adjacent to a municipality in whose corporate limits or
1325	1317		extraterritorial jurisdiction any of the land in the area described
1326	1318		by Section 2 of the Act creating this chapter is located.
1327		-	SECTION 54. Subtitle I, Title 6, Special District Local
	1319	+	SECTION 53. Subtitle I, Title 6, Special District Local
1328	1320		Laws Code, is amended by adding Chapter 9073 to read as follows:
1329	1321		CHAPTER 9073. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
1330	1322		NO. 19; ANNEXATION
1331	1323		Sec. 9073.001. DEFINITION. In this chapter, "district"
1332	1324		means the Travis County Water Control and Improvement District
1333	1325		No. 19.
1334	1326		Sec. 9073.002. ANNEXATION BY MUNICIPALITY. (a) The
1335	1327		governing body of a municipality that plans to annex all or part of
1336	1328		the district first must adopt a resolution of intention to annex all
1337	1329		or part of the district and transmit that resolution to the district
1338	1330		and the following districts:
1339	1331		(1) Travis County Municipal Utility District No. 3;
1340	1332		(2) Travis County Municipal Utility District No. 4;
1341	1333		(3) Travis County Municipal Utility District No. 5;
1342	1334		(4) Travis County Municipal Utility District No. 6;
1343	1335		(5) Travis County Municipal Utility District No. 7;
1344	1336		(6) Travis County Municipal Utility District No. 8;
1345	1337		and
1346	1338		(7) Travis County Municipal Utility District No. 9.
1347	1339		(b) On receipt of a resolution described by Subsection (a),
1348	1340		the district and each of the districts listed in Subsection (a)
1349	1341		shall call an election to be held on the next uniform election date
1350	1342		on the question of whether the annexation should be authorized.
1351	1343		(c) The municipality may annex the territory described in
1352	1344		the resolution only if a majority of the total number of voters
1353	1345		voting in all of the districts' elections vote in favor of
1354	1346		authorizing the annexation.
1355	1347		(d) The municipality seeking annexation shall pay the costs
1356	1348		of the elections held under this section.
1357		-	SECTION 55. (a) Sections 43.036, 43.0546, 43.056(d) and
	1349	+	SECTION 54. (a) Sections 43.036, 43.0546, 43.056(d) and
1358	1350		(h), 43.0565, 43.0567, 43.1025(e) and (g), and 43.906, Local
1359	1351		Government Code, are repealed.
1360	1352		(b) Section 43.056(p), Local Government Code, as amended by
1361	1353		S.B. 1878, Acts of the 85th Legislature, Regular Session, 2017, is
1362	1354		repealed.
1363	1355		(c) Section 5.701(n)(6), Water Code, is repealed.
1364	1356		(d) The repeal of Section 43.036, Local Government Code, by
1365	1357		this Act does not affect a boundary change agreement entered into
1366	1358		under that section, the release and transfer of area under a
1367	1359		boundary change agreement entered into under that section, or the
1368	1360		requirements related to a boundary change agreement entered into
1369	1361		under that section.
1370	1362		(e) The repeal of Sections 43.056(d), (h), and (p) and
1371	1363		Sections 43.0565 and 43.0567, Local Government Code, by this Act
1372	1364		and the change in law made by this Act to Sections 43.056(l) and
1373	1365		(n), Local Government Code, do not affect a right, requirement,
1374	1366		limitation, or remedy provided for under those sections and
1375	1367		applicable in an area annexed by a municipality for which the first
1376	1368		hearing notice required by Section 43.0561 or 43.063, Local
1377	1369		Government Code, as applicable, was published before December 1,
1378	1370		2017.
	1371	+	SECTION 55. The changes in law made by this Act apply to the
	1372	+	annexation of an area subject to a development agreement entered
	1373	+	into by a municipality with a population of more than 227,000 and
	1374	+	less than 236,000, according to the 2010 federal decennial census,
	1375	+	under Section 212.172, Local Government Code, before the effective
	1376	+	date of this Act that is initiated on or after the expiration date
	1377	+	provided for in the agreement. The annexation of an area subject to
	1378	+	the agreement that is initiated before the expiration date of the
	1379	+	agreement as the result of a termination of the agreement is
	1380	+	governed by the law in effect on January 1, 2017, and the former law
	1381	+	is continued in effect for that purpose.
1379	1382		SECTION 56. The changes in law made by this Act apply only
1380	1383		to the annexation of an area that is not final on the effective date
1381	1384		of this Act. An annexation of an area that was final before the
1382	1385		effective date of this Act is governed by those portions of Chapter
1383	1386		43, Local Government Code, that relate to post-annexation
1384	1387		procedures and requirements in effect immediately before the
1385	1388		effective date of this Act, and that law is continued in effect for
1386	1389		that purpose.
1387	1390		SECTION 57. This Act takes effect December 1, 2017.
1388		-	______________________________ ______________________________
1389		-	President of the Senate Speaker of the House
1390		-	I hereby certify that S.B. No. 6 passed the Senate on
1391		-	July 26, 2017, by the following vote: Yeas 19, Nays 12; and that
1392		-	the Senate concurred in House amendments on August 13, 2017, by the
1393		-	following vote: Yeas 21, Nays 10.
1394		-	______________________________
1395		-	Secretary of the Senate
1396		-	I hereby certify that S.B. No. 6 passed the House, with
1397		-	amendments, on August 12, 2017, by the following vote: Yeas 116,
1398		-	Nays 26, one present not voting.
1399		-	______________________________
1400		-	Chief Clerk of the House
1401		-	Approved:
1402		-	______________________________
1403		-	Date
1404		-	______________________________
1405		-	Governor