(a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. 155 (H.B. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. 149, Sec. (a) The governing body of a municipality must conduct an initial public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0692. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. 43.0115. Related Pages. May 24, 2019. 1.01(17), eff. December 1, 2017. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. 347), Sec. 1167, Sec. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. 43.073. (c) For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. Sept. 1, 1989. (c) A municipality may not take property on the island through eminent domain. 1, eff. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 1.01(17), eff. <> The bills may affect your ability to annex across a county road or state highway. 2702), Sec. (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. The section on Additional Phase gives the declarant the right to annex any additional land to the terms of the CCRs without the consent of any party of the existing HOA. Sec. The amount of the taxes shall be determined using rates from the district's most recent tax levies. Jul 12, 2013 @ 12:50pm . 43.0686. 6 (S.B. Acts 2005, 79th Leg., Ch. 43.0663. Sept. 1, 1989; Acts 2003, 78th Leg., ch. (f-2) In addition to the notice requirements under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (a) The governing body of the municipality that elects to annex an area under this subchapter must first negotiate and enter into a written agreement with the owners of land in the area for the provision of services in the area. 6), Sec. Sec. Missouri City Annex Branch Contact Us | Tax Assessor-Collector | Missouri City Branch. Acts 2019, 86th Leg., R.S., Ch. 43.0755. Sec. 1(2), eff. 6), Sec. 1, eff. 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) This section applies to a municipality with a population of more than 500,000 that annexes all or part of the area in a levee improvement district organized under the laws of this state. 155 (H.B. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 7, eff. Amended by Acts 1991, 72nd Leg., ch. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. 10, eff. (c) Notwithstanding any other law, including laws prescribing population or territorial requirements for incorporation under Section 5.901, 6.001, 7.001, or 8.001, the governing body of a district may order an election as provided by this subsection to be held on a uniform election date prescribed by Section 41.001, Election Code. Sec. (c) Notwithstanding Subsection (a), a municipality with a population of 21,000 or more located in a county with a population of 100,000 or more may annex a publicly owned strip or similar area following the course of a road or highway for the purpose of annexing territory contiguous to the strip or area if the territory contiguous to the strip or area was formerly used or was to be used in connection with or by a superconducting super collider high-energy research facility. Amended by Acts 1989, 71st Leg., ch. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. 1420, Sec. 1263, Sec. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. DEFINITIONS. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. 347), Sec. September 1, 2019. Sec. (b) Except as provided by Subsection (c), a defunding municipality may not annex an area during the period beginning on the date that the criminal justice division of the governor's office issues the written determination that the municipality is a defunding municipality and ending on the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). May 24, 2019. September 1, 2019. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. Sec. June 18, 2003. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. June 18, 2003. June 15, 2007. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. (33:157, 33:159). (b) The governing body of the smaller municipality may adopt an ordinance ordering an election on the question of consenting to the annexation of the smaller municipality by the larger municipality. 2.02, eff. Sept. 1, 2001. 36, eff. 6 (S.B. Houston Annexation History. Acts 2019, 86th Leg., R.S., Ch. Aug. 28, 1989. Sept. 1, 1991; Acts 1995, 74th Leg., ch. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. (b) A home-rule municipality having a common boundary with a district subject to this section may annex the area of the district if: (1) the annexation is approved by a majority of the qualified voters who vote on the question at an election held under this section; (2) the annexation is completed before the date that is one year after the date of the election; and. On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. Renumbered from Sec. The contract or agreement may contain other terms considered appropriate by the parties. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. 28, eff. b. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. September 1, 2015. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 3(k), eff. (f) If only part of the area in the district becomes a part of the municipality, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. (j) Promptly after the board of directors declares the result of the election: (1) the board shall mail or deliver a certified copy of the resolution declaring the result of the election to the mayor and the secretary of each of the two affected municipalities; and. When all the revenue bonds, warrants, and other obligations are retired in full, the property and other assets of the district shall be distributed among the municipalities as provided by Subsection (c) or (d). 43.1056. 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. Sept. 1, 1999. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 43.130. (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. (b) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that: (1) was annexed before September 1, 1999; and. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. December 1, 2017. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. 155 (H.B. 347), Sec. 1, Sec. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. 6 (S.B. Sept. 1, 1999. Sec. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. December 1, 2017. Amended by Acts 1989, 71st Leg., ch. JERRY E. DRAKE, JR. Deputy City Attorney 215 E. McKinney Denton, TX 76201 (940) 349-8333 Jerry Drake is a Deputy City Attorney for the Denton City Attorney's Office, where he is assigned primarily to land use issues and litigation. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). 6), Sec. Added by Acts 1989, 71st Leg., ch. 1.01(12), eff. December 1, 2017. Sugar Land completed its most recent annexations well before the new law kicked in. Sec. Under the bill, if a city funds its police department at a level lower than it has for the past two fiscal years it loses its right to raise property taxes more than it did the year before. 6 (S.B. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). EFFECT OF ANNEXATION ON COLONIAS. 155 (H.B. 14 0 obj 6), Sec. Added by Acts 1989, 71st Leg., ch. 6 (S.B. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. May 24, 2019. Amended by Acts 1999, 76th Leg., ch. 3(i), eff. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. Sec. Reforming the annexation process (e) A regional participation agreement must be: (2) approved by the governing body of each eligible municipality or district that is or that becomes a party to the agreement; and. 155 (H.B. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 6), Sec. December 1, 2017. 6), Sec. David T. Friendswood, TX . A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. (3) the area abuts or is contiguous to another jurisdictional boundary. (a) Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed. Added by Acts 2015, 84th Leg., R.S., Ch. 43.075. i. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 816, Sec. 155 (H.B. "mC:EqW|9JSG~P~Vr]q||(p\nwK7+02P-naPw\Bq:&yTdt'#3 *eR 0LF%%` N(OJ0dI\I9}5CRd;+p (n) For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04(c), Tax Code. 593 (S.B. Notwithstanding Subsection (e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. Your ability to annex across a county road or state highway C. LIMITATIONS and REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED CONSENT. 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