December 1, 2017. 1420, Sec. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. 6), Sec. 3, eff. 43.0712. September 1, 2019. December 1, 2017. (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. This TAR-supported new law comes out of this year's special legislative session and was one of the many ways Texas REALTORS strongly advocated for pro-property rights legislation on behalf of real estate consumers. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. 1185 (H.B. (8) operation and maintenance of any other publicly owned facility, building, or service. The revenue refunding bonds and the general obligation refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. Acts 2005, 79th Leg., Ch. 43.0754. Sec. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. Acts 2019, 86th Leg., R.S., Ch. 1, Sec. 2.09, eff. 3(k), eff. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. 39, eff. Sept. 1, 1999. Amended by Acts 1997, 75th Leg., ch. 1.01, eff. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. Sept. 1, 1989; Acts 1999, 76th Leg., ch. (5) Repealed by Acts 2019, 86th Leg., R.S., Ch. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. 43.015. The area ceases to be a part of the municipality on the date of the entry of the order. (1) none of the area is more than eight miles from the municipality's boundaries; and. 5, eff. 43.012. 149, Sec. (a) Unless otherwise specifically provided by this chapter or another law, this subchapter applies only to an annexation under: (2) Section 43.0116 (Industrial District); (3) Section 43.012 (Area Owned by Type-A Municipality); (5) Section 43.0751(h) (Strategic Partnership); (6) Section 43.101 (Municipally Owned Reservoir); (7) Section 43.102 (Municipally Owned Airport); and. (2) the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. ADOPTION OF REGULATORY PLAN. 155 (H.B. 9, eff. 6 (S.B. The contract may not impair the obligation of another contract of the municipality or district. 5, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 2.16, eff. 6), Sec. May 24, 2019. Sept. 1, 1987. The process can be started by either a petition (see below) or by a city council resolution. (h) A regional participation agreement binds each party and its legal successor, including a municipality or other form of local government, to the agreement for the term specified in the agreement and each owner and future owner of land that is subject to the agreement during any annexation deferral period established in the agreement. <> 1349), Sec. 6 (S.B. (15) any other provision or term to which the parties agree. Procedure for election--same as first election held within area 347), Sec. A map illustrating the areas covered by the annex is as follows. Upon placement of the funds in the escrow account, the annexation may become effective. May 24, 2019. Sec. 43.0635. 43.908. (f) To annex the entire part of a water or sewer district that is outside the municipality's boundaries, a general-law municipality incorporated after 1983 that is, after incorporation of the district, incorporated over all or any part of the district may annex territory by ordinance without the consent of the inhabitants or property owners of the territory. 1303), Sec. 149, Sec. (3) any area that is to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement, or that is to be incorporated or included within an alternate form of government with the consent of a municipality that is a party under an agreement, shall, by operation of law and without further action by a party or its governing body, be released from the extraterritorial jurisdiction, or consent of the municipality to the incorporation or adoption of an alternate form of government by the district shall be deemed to have been given, as appropriate under the agreement, at the time or upon the occurrence of the events specified in the agreement. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. 6), Sec. 43.0751. 175 (H.B. 1900), Sec. 347), Sec. Sec. CONSENSUAL ANNEXATION. 43.0662. 149, Sec. Acts 2019, 86th Leg., R.S., Ch. 13 0 obj Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Local Planning. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . (d) A regional development agreement must be: (2) approved by the governing body of the municipality and the district; and, (A) in the real property records of any county in which any part of a district that is party to the agreement is located; and. June 10, 2019. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. PERIOD FOR COMPLETION OF ANNEXATION. 347), Sec. (b) The governing bodies of a municipality and a district may negotiate and enter into a written strategic partnership agreement for the district by mutual consent. California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. May 24, 2019. 6), Sec. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the part of the district area becomes a part of the municipality. 6), Sec. (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or. %PDF-1.5 (a) This subchapter applies only to an annexation under Subchapter C-1. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. Renumbered from Sec. Sec. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. 2, eff. Sec. 149, Sec. (f) Chapter 277, Election Code, applies to a petition under this section. 43.0755. 1, eff. 80, eff. June 10, 2019. 43.0565. 632 (S.B. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. (d) A municipality that has annexed any portion of an area after December 1, 1996, and before September 1, 1999, in which a school district has a facility shall grant a variance from the municipality's building code for that facility if the facility does not comply with the code. 6), Sec. 347), Sec. 35, eff. 2, eff. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. 6), Sec. September 1, 2011. Read more. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". <> (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. May 24, 2019. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. $.' #7. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. Sec. Sec. There are two primary methods that cities use to annex land: the election method and the petition method. 43.056. 2, eff. September 1, 2011. 347), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. December 1, 2017. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. (a) Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is: (1) contiguous and runs parallel to the municipality's boundaries; and. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. 43.101. 3(f), eff. 43.132. December 1, 2017. The law still allows for annexation at the request of a property owner. 1, eff. Sept. 1, 1999. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. On the annexation of all of the area of the district, the municipality may refund, in whole or in part, any outstanding bonded indebtedness and may provide for a sufficient sinking fund to meet any refunding bonds issued. 17, Sec. Sec. Sec. 43.079. 155 (H.B. 692 (H.B. 43.0545. 610), Sec. If the annexation is not completed within the 90-day period, any annexation proceeding is void and the larger municipality may not annex the smaller municipality under this section. 1058, Sec. 43.202. 6), Sec. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. 1, eff. Sept. 1, 1987. 1 0 obj 347), Sec. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. 11 0 obj 37, eff. December 1, 2017. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. 18 (S.B. 14 0 obj 155 (H.B. (2) "Limited district" means a district that, pursuant to a strategic partnership agreement, continues to exist after full-purpose annexation by a municipality in accordance with the terms of a strategic partnership agreement. Sec. Amended by Acts 1997, 75th Leg., ch. Sec. 1.01, eff. Added by Acts 1989, 71st Leg., ch. 1, eff. 347), Sec. 952 (S.B. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 2.15, eff. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. Any obligation to reimburse the developer may be paid in installments over a three-year period. (l) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election. May 25, 2007. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 2015-2017 Annexation Map. 3.01, eff. September 1, 2011. 610), Sec. Sec. 43.081. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. 1064, Sec. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. endobj 2, eff. 43.145. 43.0673. May 24, 2019. 6), Sec. Aug. 28, 1989. December 1, 2017. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. Acts 2019, 86th Leg., R.S., Ch. Technological Hazards. WRITTEN AGREEMENT REGARDING SERVICES. (a) This section applies only to a conservation and reclamation district, including a municipal utility district, that: (1) is located wholly in more than one municipality, but on April 1, 1971, was not wholly in more than one municipality; (2) was created or exists under Section 59, Article XVI, Texas Constitution; (3) provides or has provided a fresh water supply, sanitary sewer services, and drainage services; and. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. (2) "Municipality" means a municipality with a population of 1.6 million or more. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. 922 (H.B. 43.106. ANNEXATION HEARING REQUIREMENTS. 6 (S.B. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. (g) If only part of the area in the district becomes a part of the municipality, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. If an area is disannexed, the area may not be annexed again by the municipality for five years. 2.01, see other Sec. The notice for each hearing must be posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. Sec. We must now turn our attention to extraterritorial jurisdictions (ETJs). 347), Sec. uQ/S&ix~Fa((]? 2.17, eff. 2, 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. APPLICABILITY. 1217 (S.B. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. 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