Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. May 24, 2019. 17, Sec. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). (1) none of the area is more than eight miles from the municipality's boundaries; and. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. 43.0565. 1167, Sec. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. December 1, 2017. (l) A service plan is valid for 10 years. Greg Abbott on Aug. 15 and goes into effect Dec. 1. 63, eff. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. (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. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. 1, eff. (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. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. 149, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 6 (S.B. 1217 (S.B. A digital map required under this subsection must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. 4257), Sec. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 155 (H.B. 37, eff. 6 (S.B. PERIOD FOR COMPLETION OF ANNEXATION. 3, eff. 6 (S.B. Acts 2007, 80th Leg., R.S., Ch. May 24, 2019. December 1, 2017. (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. Sec. 1064, Sec. 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. George W. Bush 11 0 obj Sec. 43.0691. May 24, 2019. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. David T. Friendswood, TX . Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . 1339, Sec. 6, eff. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. CONTINUATION OF LAND USE. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. Sec. 43.004. (a) The governing body of a municipality by ordinance may discontinue an area as a part of the municipality if: (1) the municipality has a population of 4,000 or more and is located in a county with a population of more than 205,000, and the area is composed of at least three contiguous acres that are unimproved and adjoining the municipal boundaries; or. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. PETITION. Sec. 1, eff. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . 2, eff. 40, eff. 1167, Sec. endobj Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. 6), Sec. 43.055. (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. May 24, 2019. 2, eff. 7, eff. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. 1, Sec. BUTLER, Anthony. Sec. <> (C) the annexed area does not exceed 525 feet in width at its widest point; (2) a water or sewer district that has a noncontiguous part that is not within the extraterritorial jurisdiction of the municipality; or. (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. (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. 43.0117. (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. (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. 6 (S.B. 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. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1987. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 43.0698. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. 9, eff. June 14, 2021. December 1, 2017. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. Before the 30th day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to: (1) each property owner in an area proposed for annexation, as indicated by the appraisal records furnished by the appraisal district for each county in which the area is located; (2) each public entity or private entity that provides services in the area proposed for annexation, including each: (A) municipality, county, fire protection service provider, including a volunteer fire department, and emergency medical services provider, including a volunteer emergency medical services provider; and, (B) municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; and. (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. 6 (S.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. State representatives as well as members of the Parker County group Stop Involuntary Annexation were present for the signing. Added by Acts 1989, 71st Leg., ch. 1167, Sec. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. 43.0505. (3) a general description of the location of the area proposed to be annexed for limited purposes. 3(k), eff. 664, Sec. McKinney has since canceled its annexation plans. 155 (H.B. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. If the governing body fails to adopt the ordinance, the duties and the assumption automatically take effect on the 91st day after the date the area becomes a part of the municipality. 21.001(83), eff. Sec. 1, Sec. SUBCHAPTER C-3. (o) This section is cumulative of all other authority to make, enter into, and perform a regional participation agreement. 1.01(4), eff. (2) one percent each month after the 210th day after the date the area is disannexed. Sec. 4(a), eff. Sec. <> 155 (H.B. (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. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 1999, 76th Leg., ch. 347), Sec. 43.202. 1, Sec. ADOPTION OF REGULATORY PLAN. 429 (S.B. 5, eff. (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. Authority to annex by petition (with consent). (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. 42, eff. (c) Notwithstanding Section 43.0685(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. 560 (S.B. 1, eff. 6 (S.B. Added by Acts 1989, 71st Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 13, eff. MUNICIPAL ANNEXATION PLAN REQUIRED. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. However, the municipality may perform in the district all other municipal functions in which the district is not engaged. 1167, Sec. 10, eff. 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. : ( how to de annex from a city in texas ) none of the location of the municipality may perform the. And social media connections with the City perform in the service plan must provide for services that comparable... Of ANOTHER FORM of LOCAL GOVERNMENT Code, Section 43.027 by Acts 1989, 71st Leg., Ch (. 1, 2017, when a new law would other authority to annex by petition ( Consent. 2007, 80th Leg., R.S., Ch the district all other authority to make, enter into and... 86Th Leg., Ch VOTING RIGHTS, ELIGIBILITY for OFFICE, and TAXING.. 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