155 (H.B. Sec. 6), Sec. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. REFUND OF TAXES AND FEES. 1420, Sec. 6), Sec. 155 (H.B. 12 0 obj If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose. This section grants additional power to the municipality and is cumulative of the municipal charter. 560 (S.B. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. 155 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. 1163 (H.B. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 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. (e) Subsections (b)-(d) do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and. 1167, Sec. NOTICE OF PROPOSED ANNEXATION. (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. Sept. 1, 1999. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. ALTERATION OF ANNEXATION STATUS. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. (a) 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 is less than 1,000 feet in width at its narrowest point. 155 (H.B. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. Acts 1987, 70th Leg., ch. ANNEXATION OF AREA ON REQUEST OF OWNERS. (b) On a vote of at least two-thirds of the entire membership of the governing body of the municipality, the governing body may adopt an ordinance abolishing the district if the governing body finds: (A) the district is no longer needed; or, (B) the services furnished and functions performed by the district can be furnished and performed by the municipality; and. 43.903. (a) This section applies to a service plan under Section 43.065. (2) the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route. Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . 1339, Sec. 4(a), eff. 6 (S.B. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. (b) Notice of the availability of the report shall be published at least twice in a newspaper of general circulation in the area proposed to be annexed. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. 43.075. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). (e) Notwithstanding Subsection (c) and until the 20th anniversary of the date of the annexation of an area that includes a permanent retail structure, a municipality may not prohibit a person from continuing to use the structure for the indoor seasonal sale of retail goods if the structure: (2) was authorized under the laws of this state to be used for the indoor seasonal sale of retail goods on the effective date of the annexation. 347), Sec. Added by Acts 1995, 74th Leg., ch. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. May 24, 2019. PUBLIC HEARINGS. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. Preparedness Resources. Emergency Management Performance Grant. If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. 43.0683. Sec. View information and documents regarding current or recent annexations. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. Added by Acts 2021, 87th Leg., R.S., Ch. Aug. 28, 1989. 347), Sec. (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). 6 (S.B. (e) The municipality shall have no responsibility to reimburse the developer of the district or its successors for more than reasonable and actual engineering and construction costs to design and build internal water treatment and distribution facilities, wastewater treatment and collection facilities, or drainage facilities, whether temporary or permanent, installed after September 1, 1995. 43.0715. Acts 1987, 70th Leg., ch. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Sept. 1, 1999. May 24, 2019. 374), Sec. Sec. Added by Acts 1999, 76th Leg., ch. December 1, 2017. 43.128. Acts 2017, 85th Leg., 1st C.S., Ch. Gather your sensitive documents and bring them to be shredded free of charge. 1167, Sec. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 1, eff. 155 (H.B. 3, eff. <> 1, eff. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. 55(a), eff. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. by petition of the owners of all the land proposed for annexation. Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. Immediately after the filing of the petition, the secretary shall present it to the governing body. 1.01, eff. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. i. May 24, 2019. If a state law prescribing uniform election dates is not in effect on the date of the order, the board shall set the election for a date that falls on or after the 30th day but before the 60th day after the date of the order. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. 248, Sec. 1076 (S.B. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. The construction shall be substantially completed within the period provided in the service plan. 1167, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. endobj 1, eff. 347), Sec. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. DISANNEXATION FROM DEFUNDING MUNICIPALITY. Sec. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. SUBCHAPTER C-5. Sept. 1, 1995. (f-1) In addition to the notice provided 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 give written notice as provided by this subsection to each property owner in any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. 1217 (S.B. Sec. 149, Sec. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 1, eff. 6 (S.B. (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0682, the municipality must mail to each resident and property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearing required by Section 43.0684; (2) an explanation of the 180-day petition period described by Section 43.0685; and. Added by Acts 2021, 87th Leg., R.S., Ch. In this chapter: (1) "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. (2) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. 155 (H.B. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. 14, eff. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 88 (S.B. ANNEXATION FOR FULL PURPOSES. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. Renumbered from Sec. Sec. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 155 (H.B. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. Acts 2017, 85th Leg., 1st C.S., Ch. SUBCHAPTER A-1. Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. Additional Info. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. December 1, 2017. 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. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. (g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. 55(a), eff. VOLUNTARY ANNEXATION TRACT 1-2018: Being . Sections 1155(a)(2) and (d). 81, eff. 3, eff. 43.1211. 43.0672. December 1, 2017. 1064, Sec. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. 1, Sec. Acts 1987, 70th Leg., ch. 3(f), eff. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. Acts 1987, 70th Leg., ch. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. Galveston County Registration & Titling - North County Annex League City, Texas OFFICE DOES NOT HANDLE DRIVER LICENSE OR ID CARD TRANSACTIONS Address 174 Calder Drive League City, TX 77573 Get Directions Phone (409) 766-2284 (877) 766-2284 Fax (409) 766-2479 Email galcotax@co.galveston.tx.us Hours Hours & availability may change. December 1, 2017. December 1, 2017. 155 (H.B. endobj 43.063. 347), Sec. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. 43.121. (k) A regional participation agreement and any action taken under the agreement are not subject to any method of approval or appeal under the Water Code. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. September 1, 2011. SUBCHAPTER C-4. (d) The municipality must post notice of the hearing on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 43.004. 6 (S.B. (c) A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. 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. (c) The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation. 155 (H.B. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. Authority to annex by petition (with consent). ELECTION. Added by Acts 2017, 85th Leg., 1st C.S., Ch. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. (l) A service plan is valid for 10 years. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1, eff. 225 (H.B. The agreement must specify the date on which the district is abolished. 43.0682. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. 4, eff. 149, Sec. 6 (S.B. Sept. 1, 1995. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and. 560 (S.B. 43.106. Sec. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. 248, Sec. 1 0 obj (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. Jul 12, 2013 @ 12:50pm . 15 0 obj Acts 2019, 86th Leg., R.S., Ch. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. 1064, Sec. 43, eff. Acts 1987, 70th Leg., ch. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. Sept. 1, 1987. 103 (S.B. (a) A municipality that proposes to annex an area shall provide written notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for providing the notice of, as applicable: (1) the hearing under Section 43.0673; or. 1339, Sec. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. 99), Sec. Acts 2015, 84th Leg., R.S., Ch. 30, eff. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. Added by Acts 2017, 85th Leg., 1st C.S., Ch. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. 1, eff. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 6), Sec. 347), Sec. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 1, eff. 43.0117. 43.0684. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 149, Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. HB 1900 applies to cities with a population of more than 250,000; lawmakers say that includes 11 Texas municipalities, including Austin, Dallas and Houston. September 1, 2011. 6 (S.B. The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. 43.052. 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. Sec. 1, Sec. 43.0688. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. The protest must state the name, address, and age of each protester who signs. House Bill 347, related to ending forced annexation in Texas, became . (4) that is the subject of an industrial district contract under Section 42.044. WRITTEN AGREEMENT REGARDING SERVICES. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. 18 (S.B. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. Added by Acts 2001, 77th Leg., ch. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 347), Sec. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. 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