reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter D. Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction › Section 42.102. Authority to File Petition for Release

Sec. 42.102.  AUTHORITY TO FILE PETITION FOR RELEASE.  (a)  A resident of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction.
(b)  The owner or owners of the majority in value of an area consisting of one or more parcels of land in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter D. Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction › Section 42.103. Applicability of Other Law

Sec. 42.103.  APPLICABILITY OF OTHER LAW.  Chapter 277, Election Code, applies to a petition requesting removal under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter D. Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction › Section 42.104. Petition Requirements

Sec. 42.104.  PETITION REQUIREMENTS.  (a)  A petition requesting release under this subchapter must be signed by:
(1)  more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or
(2)  a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district.
(b)  A person filing a petition under this subchapter must satisfy the signature requirement described by Subsection (a) not later than the 180th day after the date the first signature for the petition is obtained.
(c)  A signature collected under this section must be in writing.
(d)  The petition must include a map of the land to be released and describe the boundaries of the land to be released by:
(1)  metes and bounds; or
(2)  lot and block number, if there is a recorded map or plat.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter D. Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction › Section 42.105. Results of Petition

Sec. 42.105.  RESULTS OF PETITION.  (a)  A petition requesting removal under this subchapter shall be verified by the municipal secretary or other person responsible for verifying signatures.
(b)  The municipality shall notify the residents and landowners of the area described by the petition of the results of the petition.  The municipality may satisfy this requirement by notifying the person who filed the petition under Section 42.102.
(c)  If a resident or landowner obtains the number of signatures on the petition required under Section 42.104 to release the area from the municipality's extraterritorial jurisdiction, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction.
(d)  If a municipality fails to take action to release the area under Subsection (c) by the later of the 45th day after the date the municipality receives the petition or the next meeting of the municipality's governing body that occurs after the 30th day after the date the municipality receives the petition, the area is released by operation of law.
(e)  Notwithstanding any other law, an area released from a municipality's extraterritorial jurisdiction under this section may not be included in the extraterritorial jurisdiction or the corporate boundaries of a municipality, unless the owner or owners of the area subsequently request that the area be included in the municipality's extraterritorial jurisdiction or corporate boundaries.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.151. Applicability

Sec. 42.151.  APPLICABILITY.  This subchapter does not apply to an area located:
(1)  within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted;
(2)  in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county:
(A)  in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and
(B)  that has a population greater than 240,000;
(3)  within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is:
(A)  within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and
(B)  in a county with a population of more than two million;
(4)  in an area designated as an industrial district under Section 42.044; or
(5)  in an area subject to a strategic partnership agreement entered into under Section 43.0751.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.152. Authority to Request Election for Release

Sec. 42.152.  AUTHORITY TO REQUEST ELECTION FOR RELEASE.  (a)  A resident of an area in a municipality's extraterritorial jurisdiction may request the municipality to hold an election in accordance with this subchapter to vote on the question of whether to release the area from the municipality's extraterritorial jurisdiction by filing with the municipality a petition that includes the signatures of at least five percent of the registered voters residing in the area as of the date of the preceding uniform election date.
(b)  A resident may not request another election on the question of releasing the same or substantially same area from the municipality's extraterritorial jurisdiction before the second anniversary of the date the municipality receives a petition filed under Subsection (a).
(c)  The petition must include a map of the land to be released and describe the boundaries of the land to be released by:
(1)  metes and bounds; or
(2)  lot and block number, if there is a recorded map or plat.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.153. Election

Sec. 42.153.  ELECTION.  (a)  Except as provided by Section 42.156, a municipality shall order an election on the question of whether to release an area from the municipality's extraterritorial jurisdiction to be held on the first uniform election date that falls on or after the 90th day after the date the municipality receives a petition that complies with Section 42.152.
(b)  The municipality shall hold the election ordered under this section in the area described by the petition at which the qualified voters of the area described by the petition may vote on the question of the release.
(c)  An election ordered under this section must be held in the same manner as general elections of the municipality.  The municipality shall pay for the costs of holding the election.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.154. Results of Election

Sec. 42.154.  RESULTS OF ELECTION.  (a)  The governing body of a municipality shall canvass the election returns for an election held under this subchapter in accordance with Chapter 67, Election Code.
(b)  Not later than 48 hours after the canvass of an election held under this subchapter, the municipality shall notify the residents of the area proposed to be released from the municipality's extraterritorial jurisdiction of the results of the election.  The municipality may satisfy this requirement by notifying the person who filed the petition under Section 42.152.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.155. Release of Area as Result of Election

Sec. 42.155.  RELEASE OF AREA AS RESULT OF ELECTION.  (a)  If at the election held under this subchapter a majority of qualified voters of the area to be released approve the proposed release, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction.
(b)  If the municipality fails to take action to release the area under Subsection (a) by the later of the next meeting of the municipality's governing body or the 15th day after the canvass date for the election, the area is released by operation of law.
(c)  Notwithstanding any other law, an area released from a municipality's extraterritorial jurisdiction under this section may not be included in the extraterritorial jurisdiction or the corporate boundaries of a municipality, unless the owner or owners of the area subsequently request that the area be included in the municipality's extraterritorial jurisdiction or corporate boundaries.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter E. Release of Area by Election From Extraterritorial Jurisdiction › Section 42.156. Voluntary Release

Sec. 42.156.  VOLUNTARY RELEASE.  Instead of holding an election under Section 42.153, the municipality may voluntarily release the area for which the election is to be held from the municipality's extraterritorial jurisdiction before the date on which the election would have been held under Section 42.153(a).
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 42.901. Apportionment of Extraterritorial Jurisdictions That Overlapped on August 23, 1963

Sec. 42.901.  APPORTIONMENT OF EXTRATERRITORIAL JURISDICTIONS THAT OVERLAPPED ON AUGUST 23, 1963.  (a)  If, on August 23, 1963, the extraterritorial jurisdiction of a municipality overlapped the extraterritorial jurisdiction of one or more other municipalities, the governing bodies of the affected municipalities may apportion the overlapped area by a written agreement approved by an ordinance or a resolution adopted by the governing bodies.
(b)  A municipality having a claim of extraterritorial jurisdiction to the overlapping area may bring an action as plaintiff in the district court of the judicial district in which the largest municipality having a claim to the area is located.  The plaintiff municipality must name as a defendant each municipality having a claim of extraterritorial jurisdiction to the area and must request the court to apportion the area among the affected municipalities.  In apportioning the area, the court shall consider population densities, patterns of growth, transportation, topography, and land use in the municipalities and the overlapping area.  The area must be apportioned among the municipalities:
(1)  so that each municipality's part is contiguous to the extraterritorial jurisdiction of the municipality or, if the extraterritorial jurisdiction of the municipality is totally overlapped, is contiguous to the boundaries of the municipality;
(2)  so that each municipality's part is in a substantially compact shape;  and
(3)  in the same ratio, to one decimal, that the respective populations of the municipalities bear to each other, but with each municipality receiving at least one-tenth of the area.
(c)  An apportionment under this section must consider existing property lines.  A tract of land or adjoining tracts of land that were under one ownership on August 23, 1963, and that do not exceed 160 acres may not be apportioned so as to be in the extraterritorial jurisdiction of more than one municipality unless the landowner gives written consent to that apportionment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 42.902. Restriction Against Imposing Tax in Extraterritorial Jurisdiction

Sec. 42.902.  RESTRICTION AGAINST IMPOSING TAX IN EXTRATERRITORIAL JURISDICTION.  The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 42.9025. Restriction on Imposing Fine or Fee in Certain Areas in Extraterritorial Jurisdiction

Sec. 42.9025.  RESTRICTION ON IMPOSING FINE OR FEE IN CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION.  (a)  This section applies only to an area that is located in a municipality's extraterritorial jurisdiction and:
(1)  that has been disannexed from the municipality under Subchapter G, Chapter 43; or
(2)  for which the municipality has attempted and failed to obtain consent for annexation under Subchapter C-4 or C-5, Chapter 43.
(b)  Notwithstanding any other law, a municipality may not impose under a municipal ordinance a fine or fee on a person on the basis of:
(1)  an activity that occurs wholly in an area described by Subsection (a); or
(2)  the management or ownership of property located wholly in an area described by Subsection (a).
(c)  This section does not limit a municipality, including a municipally owned retail water, wastewater, or drainage utility, from imposing in an area described by Subsection (a) a fine or fee, including through the adoption and enforcement of rates, for water, sewer, drainage, or other related utility services.
(d)  This section does not apply to development or redevelopment in an area in which an election was held under Section 43.0117.
Added by Acts 2021, 87th Leg., R.S., Ch. 386 (S.B. 1168), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 42.903. Extraterritorial Jurisdiction of Certain Type B or C General-Law Municipalities

Sec. 42.903.  EXTRATERRITORIAL JURISDICTION OF CERTAIN TYPE B OR C GENERAL-LAW MUNICIPALITIES.  (a)  This section applies only to a Type B or C general-law municipality:
(1)  that has more than 200 inhabitants;
(2)  that is wholly surrounded, at the time of incorporation, by the extraterritorial jurisdiction of another municipality;  and
(3)  part of which was located, at any time before incorporation, in an area annexed for limited purposes by another municipality.
(b)  The governing body of the municipality by resolution or ordinance may adopt an extraterritorial jurisdiction for all or part of the unincorporated area contiguous to the corporate boundaries of the municipality and located within one mile of those boundaries.  The authority granted by this section is subject to the limitation provided by Section 26.178, Water Code.
(c)  Within 90 days after the date the municipality adopts the resolution or ordinance, an owner of real property in the extraterritorial jurisdiction may petition the municipality to release the owner's property from the extraterritorial jurisdiction.  On the presentation of the petition, the property:
(1)  is automatically released from the extraterritorial jurisdiction of the municipality and becomes part of the extraterritorial jurisdiction or limited purpose area of the municipality whose jurisdiction surrounded, on May 31, 1989, the municipality from whose jurisdiction the property is released;  and
(2)  becomes subject to any existing zoning or other land use approval provisions that applied to the property before the property was included in the municipality's extraterritorial jurisdiction under Subsection (b).
(d)  The municipality may exercise in its extraterritorial jurisdiction the powers granted under state law to other municipalities in their extraterritorial jurisdiction, including the power to ensure its water supply and to carry out other public purposes.
(e)  To the extent of any conflict, this section controls over other laws relating to the creation of extraterritorial jurisdiction.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 42.904. Extraterritorial Jurisdiction and Voting Rights in Certain Municipalities

Sec. 42.904.  EXTRATERRITORIAL JURISDICTION AND VOTING RIGHTS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality that has disannexed territory under Section 43.133 that it had previously annexed for limited purposes and that has extended rules to its extraterritorial jurisdiction under Section 212.003.
(b)  The municipality shall allow all qualified voters residing in the municipality's extraterritorial jurisdiction to vote on any proposition that is submitted to the voters of the municipality and that involves:
(1)  an adoption of or change to an ordinance or charter provision that would apply to the municipality's extraterritorial jurisdiction;  or
(2)  a nonbinding referendum that, if binding, would apply to the municipality's extraterritorial jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 172, Sec. 1, eff. May 17, 1993.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. General Provisions › Section 43.001. Definitions

Sec. 43.001.  DEFINITIONS.  In this chapter:
(1)  "Extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42.
(2)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
(3)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
(4)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
(5)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 1, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. General Provisions › Section 43.002. Continuation of Land Use

Sec. 43.002.  CONTINUATION OF LAND USE.  (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
(2)  beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if:
(A)  one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use;  and
(B)  a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.
(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.
(c)  This section does not prohibit a municipality from imposing:
(1)  a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002;
(2)  a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code;
(3)  a regulation relating to preventing imminent destruction of property or injury to persons;
(4)  a regulation relating to public nuisances;
(5)  a regulation relating to flood control;
(6)  a regulation relating to the storage and use of hazardous substances; or
(7)  a regulation relating to the sale and use of fireworks.
(d)  A regulation relating to the discharge of firearms or other weapons is subject to the restrictions in Section 229.002.
(e)  Notwithstanding Subsection (c) and until the 20th anniversary of the date of the annexation of an area that includes a permanent retail structure, a municipality may not prohibit a person from continuing to use the structure for the indoor seasonal sale of retail goods if the structure:
(1)  is more than 5,000 square feet; and
(2)  was authorized under the laws of this state to be used for the indoor seasonal sale of retail goods on the effective date of the annexation.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 18 (S.B. 734), Sec. 3, eff. May 3, 2005.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 2, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. General Provisions › Section 43.003. Authority of Home-Rule Municipality to Annex Area and Take Other Actions Regarding Boundaries

Sec. 43.003.  AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES.  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
(3)  exchange area with other municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 3, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. General Provisions › Section 43.004. Annexation by Defunding Municipality Prohibited; Exception

Sec. 43.004.  ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION.  (a)  In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109.
(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).
(c)  This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 2.01, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. General Provisions › Section 43.005. Required Disclosure Before Annexation Agreement

Sec. 43.005.  REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT.  (a)  At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1).
(b)  An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void.
Added by Acts 2021, 87th Leg., R.S., Ch. 103 (S.B. 1338), Sec. 1, eff. September 1, 2021.
Redesignated from Local Government Code, Section 43.004 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(28), eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.0115. Authority of Certain Municipalities to Annex Enclaves

Sec. 43.0115.  AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES.  (a)  This section applies only to a municipality that:
(1)  is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and
(2)  proposes to annex an area that:
(A)  is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and
(B)  has fewer than 100 dwelling units.
(b)  Notwithstanding any other law, the governing body of a municipality by ordinance may annex an area without the consent of any of the residents of, voters of, or owners of land in the area under the procedures prescribed by Subchapter C-1.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 4, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.0116. Authority of Municipality to Annex Industrial Districts

Sec. 43.0116.  AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS.  (a)  Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1.
(b)  A municipality that proposes to annex an area located in an industrial district subject to a contract described by Section 42.044(c) may initiate the annexation only:
(1)  on or after the date the contract expires, including any period renewing or extending the contract; or
(2)  as provided by the contract.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 4, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.02, eff. May 24, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.0117. Authority of Municipality to Annex Area Near Military Base

Sec. 43.0117.  AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE.  (a)  In this section, "military base" means a presently functioning federally owned or operated military installation or facility.
(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.  The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 4, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.012. Authority of Type a General-Law Municipality to Annex Area It Owns

Sec. 43.012.  AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS.  The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1.  The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 5, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.013. Authority of Municipality to Annex Navigable Stream

Sec. 43.013.  AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM.  The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 6, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.014. Authority to Annex Limited to Extraterritorial Jurisdiction

Sec. 43.014.  AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION.  A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 7, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.015. Authority of Adjacent Municipalities to Change Boundaries by Agreement

Sec. 43.015.  AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT.  Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(c), eff. Aug. 28, 1989.
Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 8, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.016. Authority of Municipality to Annex Area Qualified for Agricultural or Wildlife Management Use or as Timber Land

Sec. 43.016.  AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND.  (a)  This section applies only to an area:
(1)  eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and
(2)  appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter.
(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
(2)  the landowner declines to make the agreement described by Subdivision (1).
(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.
(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.
(e)  A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245.
Added by Acts 2007, 80th Leg., R.S., Ch. 225 (H.B. 1472), Sec. 1, eff. May 25, 2007.
Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 9, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter A. -1. General Authority to Annex › Section 43.017. Prohibition Against Annexation to Surround Municipality in Certain Counties

Sec. 43.017.  PROHIBITION AGAINST ANNEXATION TO SURROUND MUNICIPALITY IN CERTAIN COUNTIES.  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.
Added by Acts 2015, 84th Leg., R.S., Ch. 941 (H.B. 4059), Sec. 3, eff. June 18, 2015.
Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 10, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter C. Limitations and Requirements Regarding Annexations Exempted From Consent Annexation Procedures › Section 43.0505. Applicability

Sec. 43.0505.  APPLICABILITY.  (a)  This subchapter applies only to an annexation under Subchapter C-1.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01(4), eff. May 24, 2019.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 14, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.04, eff. May 24, 2019.
Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01, eff. May 24, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter C. Limitations and Requirements Regarding Annexations Exempted From Consent Annexation Procedures › Section 43.052. Municipal Annexation Plan Required

Sec. 43.052.  MUNICIPAL ANNEXATION PLAN REQUIRED.
(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.  For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located.  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
(4)  a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction.
(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.  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.  If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1167, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1185 (H.B. 610), Sec. 1, eff. June 15, 2007.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 15, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. 1303), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter C. Limitations and Requirements Regarding Annexations Exempted From Consent Annexation Procedures › Section 43.054. Width Requirements

Sec. 43.054.  WIDTH REQUIREMENTS.  (a)  A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet.
(b)  The prohibition established by Subsection (a) does not apply if:
(1)  the boundaries of the municipality are contiguous to the area on at least two sides;
(2)  the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or
(3)  the area abuts or is contiguous to another jurisdictional boundary.
(c)  Notwithstanding Subsection (a), a municipality with a population of 21,000 or more located in a county with a population of 100,000 or more may annex a publicly owned strip or similar area following the course of a road or highway for the purpose of annexing territory contiguous to the strip or area if the territory contiguous to the strip or area was formerly used or was to be used in connection with or by a superconducting super collider high-energy research facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(d), eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 1167, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 768, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 16, eff. December 1, 2017.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter C. Limitations and Requirements Regarding Annexations Exempted From Consent Annexation Procedures › Section 43.0545. Annexation of Certain Adjacent Areas

Sec. 43.0545.  ANNEXATION OF CERTAIN ADJACENT AREAS.  (a)  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 is less than 1,000 feet in width at its narrowest point.
(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
(2)  was in the extraterritorial jurisdiction of the municipality at the time of annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet in width at its narrowest point.
(c)  Subsections (a) and (b) do not apply to an area:
(1)  completely surrounded by incorporated territory of one or more municipalities;
(2)  for which the owners of the area have requested annexation by the municipality;
(3)  that is owned by the municipality;  or
(4)  that is the subject of an industrial district contract under Section 42.044.
(d)  Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point.
(e)  For purposes of this section, roads, highways, rivers, lakes, or other bodies of water are not included in computing the 1,000-foot distance unless the area being annexed includes land in addition to a road, highway, river, lake, or other body of water.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter C. Limitations and Requirements Regarding Annexations Exempted From Consent Annexation Procedures › Section 43.055. Maximum Amount of Annexation Each Year

Sec. 43.055.  MAXIMUM AMOUNT OF ANNEXATION EACH YEAR.  (a)  In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b).  In determining the total area annexed in a calendar year, an area annexed for limited purposes is included, but an annexed area is not included if it is:
(1)  annexed at the request of a majority of the qualified voters of the area and the owners of at least 50 percent of the land in the area;
(2)  owned by the municipality, a county, the state, or the federal government and used for a public purpose;
(3)  annexed at the request of at least a majority of the qualified voters of the area; or
(4)  annexed at the request of the owners of the area.
(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.
(c)  A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(e), eff. Aug. 28, 1989.