Sec. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. (b) An election under this section shall be held in the same manner as general elections of the municipality. Sec. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. 1.01, eff. Amended by Acts 2003, 78th Leg., ch. 6), Sec. 1217 (S.B. September 1, 2019. 6), Sec. (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. 1420, Sec. Sec. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. 2, eff. (b) A municipality is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (c). 1064, Sec. endobj 43.061. June 18, 2015. 43.001. SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS. <> (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. 43.144. Sec. 43.908. Amended by Acts 1999, 76th Leg., ch. 12.102, eff. 3, Sec. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. May 29, 1999. 155 (H.B. 155 (H.B. 1, Sec. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. 6), Sec. (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. (g) The board of directors of the district may order an election under this section. (b) To the extent of a conflict with any other law, this section controls. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. The bill went into effect when 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. 347), Sec. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. (7) be presented to the secretary of the municipality. Sec. At the hearing, the municipality shall hear and consider the appropriateness of the application of rural and urban ordinances in the area to be annexed for limited purposes. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., 1st C.S., Ch. (c) A municipality may not take property on the island through eminent domain. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 6 (S.B. September 1, 2011. 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. (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. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. Indiana, Kansas, and North Carolina all permit cities to annex other non-contiguous property but only within a certain distance of the city limits and only with the owners' consent. (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. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. (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. 14 0 obj (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. 1015), Sec. 816, Sec. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. 38, eff. Added by Acts 2001, 77th Leg., ch. Exercise. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. Aug. 28, 1989. 941 (H.B. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. 2.10, eff. 7 0 obj Sec. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. 922 (H.B. George W. Bush The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. December 1, 2017. $.' (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). 1, eff. May 24, 2019. 1338), Sec. (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. 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