Texas 2019 - 86th Regular

Texas Senate Bill SB745 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R836 SCL-D
2	2	By: Schwertner, Buckingham, Campbell S.B. No. 745
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating distinctions in the application of consent
8	8	annexation requirements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. REPEAL OF TIER SYSTEM
11	11	SECTION 1.01. The following provisions of Chapter 43, Local
12	12	Government Code, are repealed:
13	13	(1) Sections 43.001(2), (3), (4), and (5);
14	14	(2) Section 43.011;
15	15	(3) Subchapter B;
16	16	(4) Section 43.0505(b);
17	17	(5) Section 43.052;
18	18	(6) Section 43.053;
19	19	(7) Section 43.056(q);
20	20	(8) Section 43.0561;
21	21	(9) Section 43.0562;
22	22	(10) Section 43.0563;
23	23	(11) Section 43.0564;
24	24	(12) Section 43.061(b);
25	25	(13) Section 43.066;
26	26	(14) Section 43.067;
27	27	(15) Section 43.068;
28	28	(16) Section 43.069;
29	29	(17) Section 43.0751(o);
30	30	(18) Section 43.0752;
31	31	(19) Section 43.103;
32	32	(20) Section 43.105; and
33	33	(21) Subchapter Y.
34	34	SECTION 1.02. The heading to Subchapter C-2, Chapter 43,
35	35	Local Government Code, is amended to read as follows:
36	36	SUBCHAPTER C-2. GENERAL ANNEXATION AUTHORITY AND PROCEDURES
37	37	REGARDING CONSENT ANNEXATIONS[: TIER 2 MUNICIPALITIES]
38	38	SECTION 1.03. The heading to Subchapter C-3, Chapter 43,
39	39	Local Government Code, is amended to read as follows:
40	40	SUBCHAPTER C-3. ANNEXATION OF AREA ON REQUEST OF OWNERS[: TIER 2
41	41	MUNICIPALITIES]
42	42	SECTION 1.04. The heading to Subchapter C-4, Chapter 43,
43	43	Local Government Code, is amended to read as follows:
44	44	SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN
45	45	200 BY PETITION [: TIER 2 MUNICIPALITIES]
46	46	SECTION 1.05. The heading to Subchapter C-5, Chapter 43,
47	47	Local Government Code, is amended to read as follows:
48	48	SUBCHAPTER C-5. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200
49	49	BY ELECTION [: TIER 2 MUNICIPALITIES]
50	50	SECTION 1.06. Section 43.1025(c), Local Government Code, is
51	51	amended to read as follows:
52	52	(c) The area described by Subsection (b) may be annexed
53	53	under the requirements prescribed by Subchapter C-3, C-4, or C-5,
54	54	as applicable [to a tier 2 municipality], but the annexation may not
55	55	occur unless each municipality in whose extraterritorial
56	56	jurisdiction the area may be located:
57	57	(1) consents to the annexation; and
58	58	(2) reduces its extraterritorial jurisdiction over
59	59	the area as provided by Section 42.023.
60	60	SECTION 1.07. Section 43.1211, Local Government Code, is
61	61	amended to read as follows:
62	62	Sec. 43.1211. USE OF CONSENT PROCEDURES [AUTHORITY OF
63	63	CERTAIN TIER 2 MUNICIPALITIES] TO ANNEX FOR LIMITED PURPOSES.
64	64	Except as provided by Section 43.0751, beginning December 1, 2017,
65	65	a [tier 2] municipality described by Section 43.121(a) may annex an
66	66	area for the limited purposes of applying its planning, zoning,
67	67	health, and safety ordinances in the area using the procedures
68	68	under Subchapter C-3, C-4, or C-5, as applicable.
69	69	ARTICLE 2. CONFORMING CHANGES
70	70	SECTION 2.01. The following provisions of the Special
71	71	District Local Laws Code are repealed:
72	72	(1) Section 8374.252(a);
73	73	(2) Section 8375.252(a);
74	74	(3) Section 8376.252(a);
75	75	(4) Section 8377.252(a);
76	76	(5) Section 8378.252(a);
77	77	(6) Section 8382.252(a);
78	78	(7) Section 8383.252(a);
79	79	(8) Section 8384.252(a);
80	80	(9) Section 8385.252(a); and
81	81	(10) Section 8477.302(a).
82	82	SECTION 2.02. Section 43.0116(a), Local Government Code, is
83	83	amended to read as follows:
84	84	(a) Notwithstanding any other law and subject to Subsection
85	85	(b), a municipality may annex all or part of the area located in an
86	86	industrial district designated by the governing body of the
87	87	municipality under Section 42.044 under the procedures prescribed
88	88	by Subchapter C-1 [the requirements applicable to a tier 1
89	89	municipality].
90	90	SECTION 2.03. The heading to Subchapter C, Chapter 43,
91	91	Local Government Code, is amended to read as follows:
92	92	SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS
93	93	EXEMPTED FROM CONSENT ANNEXATION PROCEDURES [PROCEDURE FOR AREAS
94	94	ANNEXED UNDER MUNICIPAL ANNEXATION PLAN: TIER 1 MUNICIPALITIES]
95	95	SECTION 2.04. Section 43.0505(a), Local Government Code, is
96	96	amended to read as follows:
97	97	(a) This [Except as provided by Subsection (b), this]
98	98	subchapter applies only to an annexation under Subchapter C-1 [a
99	99	tier 1 municipality].
100	100	SECTION 2.05. Sections 43.056(a), (b), (j), and (k), Local
101	101	Government Code, are amended to read as follows:
102	102	(a) This section applies to a service plan under Section
103	103	43.065 [Before the first day of the 10th month after the month in
104	104	which the inventory is prepared as provided by Section 43.053, the
105	105	municipality proposing the annexation shall complete a service plan
106	106	that provides for the extension of full municipal services to the
107	107	area to be annexed. The municipality shall provide the services by
108	108	any of the methods by which it extends the services to any other
109	109	area of the municipality].
110	110	(b) The service plan, which must be completed [in the period
111	111	provided by Subsection (a)] before the annexation, must include a
112	112	program under which the municipality will provide full municipal
113	113	services in the annexed area no later than 2-1/2 years after the
114	114	effective date of the annexation, in accordance with Subsection
115	115	(e), unless certain services cannot reasonably be provided within
116	116	that period and the municipality proposes a schedule for providing
117	117	those services, and must include a list of all services required by
118	118	this section to be provided under the plan. If the municipality
119	119	proposes a schedule to extend the period for providing certain
120	120	services, the schedule must provide for the provision of full
121	121	municipal services no later than 4-1/2 years after the effective
122	122	date of the annexation. However, under the program if the
123	123	municipality provides any of the following services within the
124	124	corporate boundaries of the municipality before annexation, the
125	125	municipality must provide those services in the area proposed for
126	126	annexation on the effective date of the annexation of the area:
127	127	(1) police protection;
128	128	(2) fire protection;
129	129	(3) emergency medical services;
130	130	(4) solid waste collection, except as provided by
131	131	Subsection (o);
132	132	(5) operation and maintenance of water and wastewater
133	133	facilities in the annexed area that are not within the service area
134	134	of another water or wastewater utility;
135	135	(6) operation and maintenance of roads and streets,
136	136	including road and street lighting;
137	137	(7) operation and maintenance of parks, playgrounds,
138	138	and swimming pools; and
139	139	(8) operation and maintenance of any other publicly
140	140	owned facility, building, or service.
141	141	(j) The proposed service plan must be made available for
142	142	public inspection and explained to the inhabitants of the area at
143	143	the public hearings held under Section 43.063 [43.0561]. The plan
144	144	may be amended through negotiation at the hearings, but the
145	145	provision of any service may not be deleted. On completion of the
146	146	public hearings, the service plan shall be attached to the
147	147	ordinance annexing the area and approved as part of the ordinance.
148	148	(k) On approval by the governing body, the service plan is a
149	149	contractual obligation that is not subject to amendment or repeal
150	150	except that if the governing body determines at the public hearings
151	151	required by this subsection that changed conditions or subsequent
152	152	occurrences make the service plan unworkable or obsolete, the
153	153	governing body may amend the service plan to conform to the changed
154	154	conditions or subsequent occurrences. An amended service plan must
155	155	provide for services that are comparable to or better than those
156	156	established in the service plan before amendment. Before any
157	157	amendment is adopted, the governing body must provide an
158	158	opportunity for interested persons to be heard at public hearings
159	159	called and held in the manner provided by Section 43.063 [43.0561].
160	160	SECTION 2.06. The heading to Subchapter C-1, Chapter 43,
161	161	Local Government Code, is amended to read as follows:
162	162	SUBCHAPTER C-1. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM
163	163	CONSENT [MUNICIPAL] ANNEXATION PROCEDURES [PLAN: TIER 1
164	164	MUNICIPALITIES]
165	165	SECTION 2.07. Section 43.061(a), Local Government Code, is
166	166	amended to read as follows:
167	167	(a) Unless otherwise specifically provided by this chapter
168	168	or another law [Except as provided by Subsection (b)], this
169	169	subchapter applies only to an annexation under:
170	170	(1) Section 43.0115 (Enclave);
171	171	(2) Section 43.0116 (Industrial District);
172	172	(3) Section 43.012 (Area Owned by Type-A
173	173	Municipality);
174	174	(4) Section 43.013 (Navigable Stream);
175	175	(5) Section 43.0751(h) (Strategic Partnership);
176	176	(6) Section 43.101 (Municipally Owned Reservoir);
177	177	(7) Section 43.102 (Municipally Owned Airport); and
178	178	(8) Section 43.1055 (Road and Right-of-Way) [area that
179	179	is proposed for annexation by a tier 1 municipality and that is not
180	180	required to be included in a municipal annexation plan under
181	181	Section 43.052(h)].
182	182	SECTION 2.08. Section 43.062(b), Local Government Code, is
183	183	amended to read as follows:
184	184	(b) This subsection applies only to an area that contains
185	185	fewer than 100 separate tracts of land on which one or more
186	186	residential dwellings are located on each tract [described by
187	187	Section 43.052(h)(1)]. Before the 30th day before the date of the
188	188	first hearing required under Section 43.063, a municipality shall
189	189	give written notice of its intent to annex the area to:
190	190	(1) each property owner in an area proposed for
191	191	annexation, as indicated by the appraisal records furnished by the
192	192	appraisal district for each county in which the area is located;
193	193	(2) each public entity[, as defined by Section
194	194	43.053,] or private entity that provides services in the area
195	195	proposed for annexation, including each:
196	196	(A) municipality, county, fire protection
197	197	service provider, including a volunteer fire department, and
198	198	emergency medical services provider, including a volunteer
199	199	emergency medical services provider; and
200	200	(B) municipal utility district, water control
201	201	and improvement district, or other district created under Section
202	202	52, Article III, or Section 59, Article XVI, Texas Constitution;
203	203	and
204	204	(3) each railroad company that serves the municipality
205	205	and is on the municipality's tax roll if the company's right-of-way
206	206	is in the area proposed for annexation.
207	207	SECTION 2.09. Section 43.0715(c), Local Government Code, is
208	208	amended to read as follows:
209	209	(c) At the time notice of the municipality's intent to annex
210	210	the land within the district is first given in accordance with
211	211	Section [43.052,] 43.0683[,] or 43.0693, as applicable, the
212	212	municipality shall proceed to initiate and complete a report for
213	213	each developer conducted in accordance with the format approved by
214	214	the Texas Commission on Environmental Quality for audits. In the
215	215	event the municipality is unable to complete the report prior to the
216	216	effective date of the annexation as a result of the developer's
217	217	failure to provide information to the municipality which cannot be
218	218	obtained from other sources, the municipality shall obtain from the
219	219	district the estimated costs of each project previously undertaken
220	220	by a developer which are eligible for reimbursement. The amount of
221	221	such costs, as estimated by the district, shall be escrowed by the
222	222	municipality for the benefit of the persons entitled to receive
223	223	payment in an insured interest-bearing account with a financial
224	224	institution authorized to do business in the state. To compensate
225	225	the developer for the municipality's use of the infrastructure
226	226	facilities pending the determination of the reimbursement amount,
227	227	all interest accrued on the escrowed funds shall be paid to the
228	228	developer whether or not the annexation is valid. Upon placement
229	229	of the funds in the escrow account, the annexation may become
230	230	effective. In the event a municipality timely escrows all
231	231	estimated reimbursable amounts as required by this subsection and
232	232	all such amounts, determined to be owed, including interest, are
233	233	subsequently disbursed to the developer within five days of final
234	234	determination in immediately available funds as required by this
235	235	section, no penalties or interest shall accrue during the pendency
236	236	of the escrow. Either the municipality or developer may, by
237	237	written notice to the other party, require disputes regarding the
238	238	amount owed under this section to be subject to nonbinding
239	239	arbitration in accordance with the rules of the American
240	240	Arbitration Association.
241	241	SECTION 2.10. Sections 43.0751(b) and (h), Local Government
242	242	Code, are amended to read as follows:
243	243	(b) The governing bodies of a municipality and a district
244	244	may negotiate and enter into a written strategic partnership
245	245	agreement for the district by mutual consent. [The governing body
246	246	of a municipality, on written request from a district included in
247	247	the municipality's annexation plan under Section 43.052, shall
248	248	negotiate and enter into a written strategic partnership agreement
249	249	with the district. A district included in a municipality's
250	250	annexation plan under Section 43.052:
251	251	[(1) may not submit its written request before the
252	252	date of the second hearing required under Section 43.0561; and
253	253	[(2) must submit its written request before the 61st
254	254	day after the date of the second hearing required under Section
255	255	43.0561.]
256	256	(h) On the full-purpose annexation conversion date set
257	257	forth in the strategic partnership agreement pursuant to Subsection
258	258	(f)(5), the land included within the boundaries of the district
259	259	shall be deemed to be within the full-purpose boundary limits of the
260	260	municipality without the need for further action by the governing
261	261	body of the municipality. The full-purpose annexation conversion
262	262	date established by a strategic partnership agreement may be
263	263	altered only by mutual agreement of the district and the
264	264	municipality. However, nothing herein shall prevent the
265	265	municipality from terminating the agreement and instituting
266	266	proceedings to annex the district, on request by the governing body
267	267	of the district, on any date prior to the full-purpose annexation
268	268	conversion date established by the strategic partnership agreement
269	269	under the procedures prescribed by Subchapter C-1 [applicable to a
270	270	tier 1 municipality]. Land annexed for limited or full purposes
271	271	under this section shall not be included in calculations prescribed
272	272	by Section 43.055(a).
273	273	SECTION 2.11. Section 43.07515(a), Local Government Code,
274	274	is amended to read as follows:
275	275	(a) A municipality may not regulate under Section 43.0751
276	276	[or 43.0752] the sale, use, storage, or transportation of fireworks
277	277	outside of the municipality's boundaries.
278	278	SECTION 2.12. Section 43.101(c), Local Government Code, is
279	279	amended to read as follows:
280	280	(c) A municipality may annex the [The] area described by
281	281	this section [may be annexed] without the consent of any owners or
282	282	residents of the area under the procedures prescribed by Subchapter
283	283	C-1 [applicable to a tier 1 municipality by:
284	284	[(1) a tier 1 municipality; and
285	285	[(2)] if there are no owners other than the
286	286	municipality or residents of the area[, a tier 2 municipality].
287	287	SECTION 2.13. Section 43.102(c), Local Government Code, is
288	288	amended to read as follows:
289	289	(c) A municipality may annex the [The] area described by
290	290	this section [may be annexed] without the consent of any owners or
291	291	residents of the area under the procedures prescribed by Subchapter
292	292	C-1 [applicable to a tier 1 municipality by:
293	293	[(1) a tier 1 municipality; and
294	294	[(2)] if there are no owners other than the
295	295	municipality or residents of the area[, a tier 2 municipality].
296	296	SECTION 2.14. Section 43.1055, Local Government Code, is
297	297	amended to read as follows:
298	298	Sec. 43.1055. ANNEXATION OF ROADS AND RIGHTS-OF-WAY [IN
299	299	CERTAIN LARGE COUNTIES]. Notwithstanding any other law, a [tier 2]
300	300	municipality may by ordinance annex a road or the right-of-way of a
301	301	road on request of the owner of the road or right-of-way or the
302	302	governing body of the political subdivision that maintains the road
303	303	or right-of-way under the procedures prescribed by Subchapter C-1
304	304	[applicable to a tier 1 municipality].
305	305	SECTION 2.15. Section 43.141(a), Local Government Code, is
306	306	amended to read as follows:
307	307	(a) A majority of the qualified voters of an annexed area
308	308	may petition the governing body of the municipality to disannex the
309	309	area if the municipality fails or refuses to provide services or to
310	310	cause services to be provided to the area:
311	311	(1) if the area was annexed under Subchapter C-1
312	312	[municipality is a tier 1 municipality], within the period
313	313	specified by Section 43.056 or by the service plan prepared for the
314	314	area under that section; or
315	315	(2) if the area was annexed under Subchapter C-3, C-4,
316	316	or C-5 [municipality is a tier 2 municipality], within the period
317	317	specified by the written agreement under Section 43.0672 or the
318	318	resolution under Section 43.0682 or 43.0692, as applicable.
319	319	SECTION 2.16. Section 43.203(b), Local Government Code, is
320	320	amended to read as follows:
321	321	(b) On receipt of the district's petition, the governing
322	322	body of the municipality shall enter into negotiations with the
323	323	district for an agreement to alter the status of annexation that
324	324	must:
325	325	(1) specify the period, which may not be less than 10
326	326	years beginning on January 1 of the year following the date of the
327	327	agreement, in which limited-purpose annexation is in effect;
328	328	(2) provide that, at the expiration of the period, the
329	329	district's annexation status will automatically revert to
330	330	full-purpose annexation without following procedures provided by
331	331	Section [Sections] 43.014 [and 43.052 through 43.055] or any
332	332	[other] procedural requirement for annexation not in effect on
333	333	January 1, 1995; and
334	334	(3) specify the financial obligations of the district
335	335	during and after the period of limited-purpose annexation for:
336	336	(A) facilities constructed by the municipality
337	337	that are in or that serve the district;
338	338	(B) debt incurred by the district for water and
339	339	sewer infrastructure that will be assumed by the municipality at
340	340	the end of the period of limited-purpose annexation; and
341	341	(C) use of the municipal sales taxes collected by
342	342	the municipality for facilities or services in the district.
343	343	SECTION 2.17. Section 43.905(a), Local Government Code, is
344	344	amended to read as follows:
345	345	(a) A municipality that proposes to annex an area shall
346	346	provide written notice of the proposed annexation to each public
347	347	school district located in the area proposed for annexation within
348	348	the period prescribed for providing the notice of the first hearing
349	349	under Section [43.0561,] 43.063, 43.0673, 43.0683, or 43.0693, as
350	350	applicable.
351	351	SECTION 2.18. Sections 43.9051(a) and (b), Local Government
352	352	Code, are amended to read as follows:
353	353	(a) In this section, "public entity" includes a county, fire
354	354	protection service provider, including a volunteer fire
355	355	department, emergency medical services provider, including a
356	356	volunteer emergency medical services provider, or special district
357	357	described[, as that term is defined] by Section 43.062(b)(2)(B)
358	358	[43.052].
359	359	(b) A municipality that proposes to annex an area shall
360	360	provide written notice of the proposed annexation within the period
361	361	prescribed for providing the notice of the first hearing under
362	362	Section [43.0561,] 43.063, 43.0673, 43.0683, or 43.0693, as
363	363	applicable, to each public entity that is located in or provides
364	364	services to the area proposed for annexation.
365	365	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
366	366	SECTION 3.01. The changes in law made by this Act apply only
367	367	to an annexation of an area that is not final on the effective date
368	368	of this Act. An annexation of an area that was final before the
369	369	effective date of this Act is governed by those portions of Chapter
370	370	43, Local Government Code, that relate to post-annexation
371	371	procedures and requirements in effect immediately before the
372	372	effective date of this Act, and that law is continued in effect for
373	373	that purpose.
374	374	SECTION 3.02. This Act takes effect September 1, 2019.