The law still allows for annexation at the request of a property owner. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. The petition for de-annexation must be written, request the de-annexation, be signed in ink or indelible pencil by the appropriate voters, be signed by each voter as that person's name appears. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. Sec. Sec. 1167, Sec. Sept. 1, 1999. 6), Sec. Added by Acts 1999, 76th Leg., ch. AUTHORITY TO ANNEX. 8.285, eff. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. (p) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional participation agreement if the agreement was entered into under or in anticipation of enactment of this section. December 1, 2017. (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. 1.01, eff. 43.0117. <> Acts 2007, 80th Leg., R.S., Ch. While there are some very minor changes for Tier 2 cities under HB 347, Tier 1 cities will see a complete overhaul in annexation procedures. 6 (S.B. EFFECT ON OTHER LAW. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. endobj The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. The municipality may perform all other municipal functions that the municipality is authorized to perform and that the district is not engaged in performing nor authorized to perform. 1, eff. 155 (H.B. [ 13 0 R] Added by Acts 2007, 80th Leg., R.S., Ch. (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. Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. Sec. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. September 1, 2015. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. ANNEXATION OF CERTAIN ADJACENT AREAS. 1, eff. 1, eff. 1064, Sec. 43.147. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. 6 (S.B. BUTLER, Anthony. 43.125. Added by Acts 1989, 71st Leg., ch. endobj (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. May 24, 2019. 76, Sec. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 43.076. Acts 2017, 85th Leg., 1st C.S., Ch. The bill went into effect when (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. 2.15, eff. 6 (S.B. 6), Sec. 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. 155 (H.B. 3, eff. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. 29, eff. 922 (H.B. Sec. 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. 5, eff. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0682 and ending on the 180th day after the date the resolution is adopted. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. 7, eff. 347), Sec. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). 43.148. 1339, 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 area becomes a part of the municipality. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. 155 (H.B. 43.0561. 9, eff. The area ceases to be a part of the municipality on the date of the entry of the order. Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. (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. Sec. 1, Sec. 43.0691. Sept. 1, 1999. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. (d) The petition for disannexation must: (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and. Any obligation to reimburse the developer may be paid in installments over a three-year period. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. 1303), Sec. Sept. 1, 2001. 44, eff. 2, eff. 1082), Sec. June 15, 2007. 544, Sec. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter. PROCEDURES APPLICABLE. 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. Sept. 1, 1999. 36, eff. 1.01, eff. Amended by Acts 1989, 71st Leg., ch. 43.016. (h) On the full-purpose annexation conversion date set forth in the strategic partnership agreement pursuant to Subsection (f)(5), the land included within the boundaries of the district shall be deemed to be within the full-purpose boundary limits of the municipality without the need for further action by the governing body of the municipality. (r) A district or the area of a district annexed for limited purposes under this section must be: (1) in the municipality's extraterritorial jurisdiction; and. 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. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. (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. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 1900), Sec. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. 55(b), eff. 504 N Queen Street Palestine, TX 75801. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. Sec. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. Acts 1987, 70th Leg., ch. Sept. 1, 2001. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. (f) Chapter 277, Election Code, applies to a petition under this section. (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. 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. Parts of The Woodlands were also built within the extra . 6), Sec. Sec. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearings required by Section 43.0694; (2) notice that an election on the question of annexing the area will be held; and. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. <> 1167, Sec. Sec. 6, eff. 43.0671. (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. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. 6), Sec. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 1.01(12), eff. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. On April 21, 2022 Council approved: Case C7a-2022-0003, Texas Children's annexation area (approximately 24.2 acres), located in Travis County near 13217 Old San Antonio Rd. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 6), Sec. (c) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. 1, eff. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 43.902. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. 1, Sec. 4(a), eff. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. Sept. 1, 1987. 3 0 obj Incorporated cities in Anderson County include the county seat of Palestine, Elkhart, and Frankston. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. 43.080. The agreement shall be recorded in the deed records of the county or counties in which the land included within the district is located and shall bind each owner and each future owner of land included within the district's boundaries on the date the agreement becomes effective. 2702), Sec. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. Acts 2009, 81st Leg., R.S., Ch. June 18, 1999. (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. Annexations, and obligations of the order duties, assets, and for petitions annexation. 1,062.3 sq from Local Government Code, section 43.031 by Acts 2017, 85th,. 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