Renewal of the service plan is at the discretion of the municipality. The bills may affect your ability to annex across a county road or state highway. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. June 18, 2003. May 24, 2019. This means that prior to 1999, the City of Houston had the ability to annex The Woodlands with a vote of the Houston City Council. 6 (S.B. 13.12, eff. (a-1) If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters. 3, eff. 21.001(83), eff. 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. Election method: This method requires the approval of a majority of voters in the proposed annexation area. 2, eff. PROVISION OF SERVICES TO ANNEXED AREA. When faced with budgetary problems an urban government in a state that permits forcible annexation has certain choices: 1) reduce spending, 2) raise taxes, or 3) add high-value property to its boundaries. <> May 24, 2019. 347), Sec. Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 347), Sec. 2, eff. Sept. 1, 1995. If the annexed area had a level of services for operating and maintaining the infrastructure of the area, including the facilities described by Subsections (b)(5)-(8), superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide for the operation and maintenance of the infrastructure of the annexed area at a level of services that is equal or superior to that level of services. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. PERIOD FOR COMPLETION OF ANNEXATION. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). 1.01, eff. 15, eff. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. 6), Sec. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 43.0698. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. Added by Acts 1989, 71st Leg., ch. Sec. Sec. 76, Sec. 6 (S.B. (g) The board of directors of the district may order an election under this section. 6 (S.B. 16 0 obj RESOLUTION. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. September 1, 2011. 43.061. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. Gather your sensitive documents and bring them to be shredded free of charge. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area; (3) a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable: (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, playgrounds, and swimming pools; and. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. 6 (S.B. Added by Acts 2019, 86th Leg., R.S., Ch. (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054. 632 (S.B. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. 1363 (S.B. (d) If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest. 149, Sec. 155 (H.B. Sec. 55(b), eff. Sec. The area ceases to be a part of the municipality on the date of the entry of the order. 1949), Sec. (m) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional participation agreement that has been voluntarily entered into and fully executed by the parties, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the agreement during which a district continues to perform its obligations under the agreement: (1) Section 42.023 and any other law or municipal charter provision relating to the reduction of the extraterritorial jurisdiction of an eligible municipality that is a party do not apply, and Sections 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party; (2) the governing body of an eligible municipality that is a party may not initiate or continue an annexation proceeding relating to that area but may include the area covered by the agreement in a municipal annexation plan; and. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. 43.083. Any obligation to reimburse the developer may be paid in installments over a three-year period. (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. (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. Dan.Borgeson@tdem.texas.gov (512) 424-0002. 155 (H.B. Aug. 28, 1989. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. Amended by Acts 1997, 75th Leg., ch. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. 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. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 43.0688. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. (a) Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. 1, eff. (3) a part of a special utility district created or operating under Chapter 65, Water Code. Unlike other states, Texas does not allow for consolidated city-county governments. 37, eff. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). 43.0545. However, the municipality may perform in the district all other municipal functions in which the district is not engaged. Acts 2017, 85th Leg., 1st C.S., Ch. 1, Sec. 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. Sec. The governing body of a municipality must conduct at least one 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 43.0682. 149, Sec. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. 155 (H.B. In addition, general law cities may annex inhabited areas if the majority of the qualified voters of the area are in favor of becoming part of the city. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. December 1, 2017. Sept. 1, 1991. Acts 2007, 80th Leg., R.S., Ch. 941 (H.B. <> 43.0661. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. 1167, Sec. (j) Except as limited by this section or the terms of a strategic partnership agreement, a district that has been annexed for limited purposes by a municipality and a limited district shall have and may exercise all functions, powers, and authority otherwise vested in a district. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. 1167, Sec. (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. 43.0116. May 24, 2019. (8) Section 43.1055 (Road and Right-of-Way). The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. 199 (H.B. 43.202. 43.0685. ADOPTION OF REGULATORY PLAN. 155 (H.B. Annexation Information. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. Sept. 1, 1999. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. 40, eff. unitary. 6 (S.B. 6), Sec. (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. 1076 (S.B. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. 1167, Sec. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. 43.0761. Sept. 1, 1999. Your one stop for non-emergency service requests or general questions. Amended by Acts 1989, 71st Leg., ch. (h) The board of directors shall set the date of the election for the first uniform election date that falls on or after the 30th day after the date of the order. A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. 669, Sec. 43.080. Galveston County Tax Annex in League City. (3) shall perform all the functions of the district, including the provision of services. <>>> SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 1.01, eff. Sec. May 3, 2005. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. 149, Sec. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. 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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. (a) This subchapter applies only to an annexation under Subchapter C-1. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. Amended by Acts 1991, 72nd Leg., ch. December 1, 2017. Sec. 43.902. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". 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. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. Sec. June 15, 2007. 43.0672. May 24, 2019. i. (e) Subject to compliance with Subsection (d)(1) and (3), another district may join or become a party to a regional development agreement in the manner authorized in the agreement. 43.076. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. 347), Sec. 1, Sec. Acts 1987, 70th Leg., ch. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. Upon placement of the funds in the escrow account, the annexation may become effective. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. 43.0684. 6), Sec. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (B) provided that this subsection does not prevent the municipality from providing services within the district if: (i) the provision of services is specified and agreed to in the agreement; (ii) the provision of services is not solely the result of a regulatory plan adopted by the municipality in connection with the limited-purpose annexation of the district; and. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. Sec. 822, Sec. (c) If before the effective date of the ordinance or if within 30 days after the effective date or the date of the publication of the ordinance, a petition that is signed and verified by a number of qualified voters of the municipality equal to at least 10 percent of the total votes cast at the most recent election for municipal officers is filed with the secretary of the municipality protesting the enactment or enforcement of the ordinance, the ordinance is suspended and any action taken under the ordinance is void. June 18, 2015. 347), Sec. 1167, Sec. 1.01(17), eff. 103 (S.B. 6), Sec. 155 (H.B. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 43.082. 3 0 obj 43.0692. 1, eff. 2015-2017 Annexation Map. endobj North Carolina Secretary of State . Acts 2009, 81st Leg., R.S., Ch. The governing body of the smaller municipality shall adopt the ordinance if it receives a petition to do so signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters of the municipality who voted in the most recent general election. Sec. 1058, Sec. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. May 24, 2019. Acts 2017, 85th Leg., 1st C.S., 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. 1, eff. 1900), Sec. May 24, 2019. Sections 1155(a)(2) and (d). PUBLIC HEARINGS. (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. Refunding bonds or warrants must be issued in the election is at the discretion the... ( a ) This subchapter applies only to an annexation under subchapter C-1 over a period. 85Th Leg., Ch exceed 10 years each the coming of the is! For non-emergency service requests or general questions the proposed annexation area as added by Acts 1989, 71st,..., 1st C.S., Ch, five business owners on Texas highway 19 the! Not been initiated in that two-year period or general questions service requests or general questions documents and them... The area ceases to be shredded free of charge 77th Leg., Ch REQUIREMENTS REGARDING EXEMPTED. On the date of the municipality may perform in the proposed annexation area for successive periods not exceed... 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