DAN MORALES 

ATTORXEY GENERAL 

QBffice of tip !i%tornep @enerat 

.&t&e of lICexa$ 

January 19,1996 

The Honorable Harvey Hilderbran 

Chair 

Committee on Human Services 

Texas House of Representatives 

P.O. Box 2910 

Austin, Texas 78768-2910 

Dear Representative HiJderbran: 

Opinion No. DM-373 

Re: Whether a city is restricted from 

reannexing an area previously annexed and 

then disannexed under Local Government 

Code section 43.033 (RQ-805) 

Local Government Code section 43.033 provides: 

(a) A general-law municipality may annex adjacent territory 

without the consent of any of the residents or voters of the area and 

without the consent of any of the owners of land in the area provided 

that the following conditions sre met: 

(1) the municipality has a population of 1,000 or more and 

is not eligible to adopt a home-rule charter; 

(2) the procedural rules prescriied by this chapter are met; 

(3) the municipality must be providing the area with water 

or sewer service; 

(4) the area does not include unoccupied territory in excess 

of one acre for each service address for water and sewer service; 

(5) the service plan requires that poke and tire protection 

at a level consistent with protection provided within the 

municipality must be provided to the area within 10 days atIer 

the effective date of the annexation; and 

(6) the municipahty and the affected landowners have not 

entered an agreement to not annex the area for a certain time 

period. 

(b) It; after one year but before three years from the passage of 

an ordinance annexing an area under this section, a majority of the 

landowners or registered voters in the area vote by petition’ submitted 

to the municipality for disannexation, the municipality shah 

immediately disamtex the area If the municipality disannexes the 
The Honorable Harvey Hilderbran - Page 2 (DM-3 7 3 ) 

area under this subsection, the municipality may discontinue 

providing the area with water and sewer service.’ 

We understand you to ask what legal restrictions; if any, prevent a city, after an area has 

been annexed under subsection (a) of section 43.033 but subsequently disannexed 

pursuant to voter or landowner vote under subsection (b), from simply annexing the area 

again under the subsection (a) provisions without the consent of the area’s residents, 

voters, or landowners. In answer to your question, so long as the conditions for 

annexation set out in subsection (a) are met, we tind nothing in section 43.033 or 

elsewhere that legally restricts the city from reannexing the area. The fact that the area 

had already been annexed under those provisions and subsequently disannexed under 

subsection (b) does not, in our opinion, in itself limit the city’s authority to annex the area 

again under subsection (a). 

We note that the legislature, in other contexts, has expressly imposed restrictions 

on a city’s reannexing an area after its disannexation. Section 43.141 of the Local 

Govermnent Code specifically provides that an area d&annexed under that section because 

of the city’s failure to provide services may not be reannexed within five years. We can 

only conclude that had it intended to impose such restrictions in the section 43.033 

context it would have specifically so indicated. We find no such restrictions. Nor do we 

find any constitutional limitations as a matter of law on a city’s annexing an area under 

section 43.033 that had already been annexed and then disannexed under that section.2 

‘The provisions of section 43.033 were first added in 1991. AU of May 26,1991.12d Leg., RS., 

ch 904, 1991 Tex Gen. Laws 3239. Subsection (a)(3) was amended in 1993 to read “water or sewer 

saviee” instead of =watex and - service.” Act of May 3, 1993,73d Leg., RS., ch 208, 1993 Tex. 

Gen laws 395. 

The bill analysis to UK bill adding section 43.033 indicates that the “procedural roles presxkd 

by this chapter” which must, under subsection (a)(Z), be met in section 43.033 aMexations, arc those set 

out in subchapter C of chapter 43, and include notice and hearing requkmentq Local Gov’t code 

$5 43.052 (rcq uirements for preparation of service plan for provision of sexvices to annexed area), .055 

(--Of annexation each year), .056 (limitations on area annexed each year). House Comm. 

on Urban Affairs Bill Analysis, HB. 985.72d Leg., RS. l(l991). 

2We. note, however, that each annexation and diwmexation would, as a change affecting voting, 

appear to also require prcdearance from the United States Justice Departrmt mder the Voting Flights 

Act, 42 U.S.C 5 1973~ 

p. 2028 
The Honorable Harvey Hilderbran - Page 3 (DM-3 7 3) 

SUMMARY 

The fact that an area adjacent to a city has already been annexed 

and then, pursuant to landowner or voter petition, disannexed under 

the provisions of Local Government Code section 43.033, does not 

in itself limit the city’s authority to annex the area again under that 

section. The city may reannex the area so long as the conditions for 

annexation set out in the section are met. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

First Assistant Attorney General 

SARAH J. SHUUEY 

Chair, Opinion Committee 

Prepared by William Walker 

Assistant Attorney General 

P- 2029