reglab/statecodes huggingface dataset:
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 43.0561. Annexation Hearing Requirements

Sec. 43.0561.  ANNEXATION HEARING REQUIREMENTS.
(c)  The municipality must:
(1)  post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and
(2)  publish notice of the hearings in a newspaper of general circulation:
(A)  in the municipality;
(B)  in the area proposed for annexation; and
(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.
(d)  The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing.  The notice for each hearing must be posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing.
(e)  This subsection applies only to a home-rule municipality.  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;
(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)  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
(2)  each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. 1303), Sec. 3, 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 43.0565. Access to Services by Certain Municipalities in Annexed Area

Sec. 43.0565.  ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.  (a)  A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality.
(b)  A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a).  In the action for the writ:
(1)  the court may order the parties to participate in mediation;
(2)  the municipality has the burden of proving that the municipality complied with Subsection (a);
(3)  the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and
(4)  if the person prevails:
(A)  the municipality shall:
(i)  disannex the property that is the subject of the suit within a reasonable period specified by the court; or
(ii)  comply with Subsection (a); and
(B)  the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ.
(c)  A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 429 (S.B. 1024), Sec. 1, 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 43.057. Annexation That Surrounds Area: Findings Required

Sec. 43.057.  ANNEXATION THAT SURROUNDS AREA:  FINDINGS REQUIRED.  If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest.
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 43 - Municipal Annexation › Subchapter C. -1. Annexation Procedure for Areas Exempted From Consent Annexation Procedures › Section 43.061. Applicability

Sec. 43.061.  APPLICABILITY.  (a)  Unless otherwise specifically provided by this chapter or another law, this subchapter applies only to an annexation under:
(1)  Section 43.0115 (Enclave);
(2)  Section 43.0116 (Industrial District);
(3)  Section 43.012 (Area Owned by Type-A Municipality);
(4)  Section 43.013 (Navigable Stream);
(5)  Section 43.0751(h) (Strategic Partnership);
(6)  Section 43.101 (Municipally Owned Reservoir);
(7)  Section 43.102 (Municipally Owned Airport); and
(8)  Section 43.1055 (Road and Right-of-Way).
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01(12), eff. May 24, 2019.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 21, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.01(12), eff. May 24, 2019.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.07, 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. -1. Annexation Procedure for Areas Exempted From Consent Annexation Procedures › Section 43.062. Procedures Applicable

Sec. 43.062.  PROCEDURES APPLICABLE.  (a)  Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies.
(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.  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
(3)  each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 22, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.08, 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. -1. Annexation Procedure for Areas Exempted From Consent Annexation Procedures › Section 43.0635. Map Requirement for Proposed Annexation

Sec. 43.0635.  MAP REQUIREMENT FOR PROPOSED ANNEXATION.  In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, 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 section 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. 1303), Sec. 5, 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. -1. Annexation Procedure for Areas Exempted From Consent Annexation Procedures › Section 43.064. Period for Completion of Annexation

Sec. 43.064.  PERIOD FOR COMPLETION OF ANNEXATION.   The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void.  Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 23, 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. -1. Annexation Procedure for Areas Exempted From Consent Annexation Procedures › Section 43.065. Provision of Services to Annexed Area

Sec. 43.065.  PROVISION OF SERVICES TO ANNEXED AREA.  (a)  Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed.  The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality.
(b)  Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 9, 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. -2. General Annexation Authority and Procedures Regarding Consent Annexations › Section 43.0661. Provision of Certain Services to Annexed Area

Sec. 43.0661.  PROVISION OF CERTAIN SERVICES TO ANNEXED AREA.  (a)  This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692.
(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).
(c)  Before the second anniversary of the effective date of the annexation of an area, a municipality may not:
(1)  prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or
(2)  offer solid waste management services in the area unless a privately owned solid waste management service provider is unavailable.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 24, 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. -2. General Annexation Authority and Procedures Regarding Consent Annexations › Section 43.0663. Effect on Other Law

Sec. 43.0663.  EFFECT ON OTHER LAW.  Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 24, 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. -3. Annexation of Area on Request of Owners › Section 43.0671. Authority to Annex Area on Request of Owners

Sec. 43.0671.  AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS.  Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -3. Annexation of Area on Request of Owners › Section 43.0672. Written Agreement Regarding Services

Sec. 43.0672.  WRITTEN AGREEMENT REGARDING SERVICES.  (a)  The governing body of the municipality that elects to annex an area under this subchapter must first negotiate and enter into a written agreement with the owners of land in the area for the provision of services in the area.
(b)  The agreement must include:
(1)  a list of each service the municipality will provide on the effective date of the annexation; and
(2)  a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation.
(c)  The municipality is not required to provide a service that is not included in the agreement.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -3. Annexation of Area on Request of Owners › Section 43.0673. Public Hearing

Sec. 43.0673.  PUBLIC HEARING.  (a)  Before a municipality may adopt an ordinance annexing an area under this subchapter, the governing body of the municipality must conduct one public hearing.
(c)  During the public hearing, the governing body:
(1)  must provide persons interested in the annexation the opportunity to be heard; and
(2)  may adopt an ordinance annexing the area.
(d)  The municipality must post notice of the hearing on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation.  The notice for the hearing must be:
(1)  published at least once on or after the 20th day but before the 10th day before the date of the hearing; and
(2)  posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 3.01, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0681. Authority to Annex

Sec. 43.0681.  AUTHORITY TO ANNEX.  A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable:
(1)  the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and
(2)  if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0682. Resolution

Sec. 43.0682.  RESOLUTION.  The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes:
(1)  a statement of the municipality's intent to annex the area;
(2)  a detailed description and map of the area;
(3)  a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable:
(A)  police protection;
(B)  fire protection;
(C)  emergency medical services;
(D)  solid waste collection;
(E)  operation and maintenance of water and wastewater facilities in the annexed area;
(F)  operation and maintenance of roads and streets, including road and street lighting;
(G)  operation and maintenance of parks, playgrounds, and swimming pools; and
(H)  operation and maintenance of any other publicly owned facility, building, or service;
(4)  a list of each service the municipality will provide on the effective date of the annexation; and
(5)  a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0683. Notice of Proposed Annexation

Sec. 43.0683.  NOTICE OF PROPOSED ANNEXATION.  Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0682, the municipality must mail to each resident and property owner in the area proposed to be annexed notification of the proposed annexation that includes:
(1)  notice of the public hearing required by Section 43.0684;
(2)  an explanation of the 180-day petition period described by Section 43.0685; and
(3)  a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0684. Public Hearing

Sec. 43.0684.  PUBLIC HEARING.  The governing body of a municipality must conduct at least one public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0682.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0685. Petition

Sec. 43.0685.  PETITION.  (a)  Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed.
(a-1)  If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters.  Notwithstanding Subsection (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.
(a-2)  The petition must clearly indicate that the person is signing as a registered voter of the area, an owner of land in the area, or both.
(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.
(c)  The petition must clearly state that a person signing the petition is consenting to the proposed annexation.
(d)  The petition must include a map of and describe the area proposed to be annexed.
(e)  Signatures collected on the petition must be in writing.
(f)  Chapter 277, Election Code, applies to a petition under this section.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0686. Results of Petition

Sec. 43.0686.  RESULTS OF PETITION.  (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.  The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition.
(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.
(c)  If the municipality obtains the number of signatures on the petition required to annex the area, the municipality may annex the area after:
(1)  providing notice under Subsection (a);
(2)  holding a public hearing at which members of the public are given an opportunity to be heard; and
(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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0687. Voter Approval by Municipal Residents on Petition

Sec. 43.0687.  VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION.  If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -4. Annexation of Areas With Population of Less Than 200 by Petition › Section 43.0688. Retaliation for Annexation Disapproval Prohibited

Sec. 43.0688.  RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED.  (a)  The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area.
(b)  The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter.
(c)  A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 922 (H.B. 4257), Sec. 1, eff. June 10, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0691. Authority to Annex

Sec. 43.0691.  AUTHORITY TO ANNEX.  A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable:
(1)  the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and
(2)  if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0692. Resolution

Sec. 43.0692.  RESOLUTION.  The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes:
(1)  a statement of the municipality's intent to annex the area;
(2)  a detailed description and map of the area;
(3)  a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable:
(A)  police protection;
(B)  fire protection;
(C)  emergency medical services;
(D)  solid waste collection;
(E)  operation and maintenance of water and wastewater facilities in the annexed area;
(F)  operation and maintenance of roads and streets, including road and street lighting;
(G)  operation and maintenance of parks, playgrounds, and swimming pools; and
(H)  operation and maintenance of any other publicly owned facility, building, or service;
(4)  a list of each service the municipality will provide on the effective date of the annexation; and
(5)  a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0693. Notice of Proposed Annexation

Sec. 43.0693.  NOTICE OF PROPOSED ANNEXATION.  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
(3)  a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0692.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0694. Public Hearings

Sec. 43.0694.  PUBLIC HEARINGS.  (a)  The governing body of a municipality must conduct an initial public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0692.
(b)  The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0695. Property Owner Consent Required for Certain Areas

Sec. 43.0695.  PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS.  (a)  If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter.
(b)  The municipality must obtain the consent required by this section through the petition process prescribed by Sections 43.0685(b)-(e), and the petition must be verified in the manner provided by Section 43.0686(a).
(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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0696. Election

Sec. 43.0696.  ELECTION.  (a)  A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after:
(1)  the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0692; or
(2)  if the consent of the owners of land in the area is required under Section 43.0695, the 78th day after the date the petition period to obtain that consent ends.
(b)  An election under this section shall be held in the same manner as general elections of the municipality.  The municipality shall pay for the costs of holding the election.
(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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0697. Results of Election and Petition

Sec. 43.0697.  RESULTS OF ELECTION AND PETITION.  (a)  Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695.
(b)  If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution.
(c)  If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after:
(1)  providing notice under Subsection (a);
(2)  holding a public hearing at which members of the public are given an opportunity to be heard; and
(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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0698. Voter Approval by Municipal Residents on Petition

Sec. 43.0698.  VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION.  If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, 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. -5. Annexation of Areas With Population of at Least 200 by Election › Section 43.0699. Retaliation for Annexation Disapproval Prohibited

Sec. 43.0699.  RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED.  (a)  The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area.
(b)  The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter.
(c)  A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 26, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 922 (H.B. 4257), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter D. Annexation Provisions Relating to Special Districts › Section 43.0712. Invalidation of Annexation of Special District; Reimbursement of Developer

Sec. 43.0712.  INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT;  REIMBURSEMENT OF DEVELOPER.  (a)  If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715.
(b)  Upon resumption of the functions of the special district:
(1)  the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer;  and
(2)  the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer.  The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 10, 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 D. Annexation Provisions Relating to Special Districts › Section 43.07515. Regulation of Fireworks Under Strategic Partnership Agreement Law

Sec. 43.07515.  REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW.  (a)  A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries.
(b)  To the extent of a conflict with any other law, this section controls.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1076 (S.B. 1082), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.11, 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 D. Annexation Provisions Relating to Special Districts › Section 43.0761. Provision of Water and Sanitary Sewer Utility Service

Sec. 43.0761.  PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE.  (a)  A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall:
(1)  provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998;  or
(2)  for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services.
(b)  Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months.  The total annual amount of the payments may not exceed the lesser of:
(1)  the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses;  or
(2)  the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality.
(c)  For purposes of Subsection (b)(2), the value of taxable property that receives the utility service shall be determined by the most recent certified tax roll provided by the central appraisal district in which the property is located.  The amount of the taxes shall be determined using rates from the district's most recent tax levies.
(d)  A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code.
(e)  In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility service to households and parts of which are located in two or more municipalities, one of which has a population of more than 1.6 million.
Added by Acts 1997, 75th Leg., ch. 1339, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter D. Annexation Provisions Relating to Special Districts › Section 43.079. Consent Requirement for Annexation of Area in Certain Conservation and Reclamation Districts

Sec. 43.079.  CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS.  (a)  This section applies only to a conservation and reclamation district, including a municipal utility district, that:
(1)  is located wholly in more than one municipality, but on April 1, 1971, was not wholly in more than one municipality;
(2)  was created or exists under Section 59, Article XVI, Texas Constitution;
(3)  provides or has provided a fresh water supply, sanitary sewer services, and drainage services;  and
(4)  was not, on April 1, 1971, a party to a contract providing for a federal grant for research and development under 33 U.S.C. Sections 1155(a)(2) and (d).
(b)  A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.102, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter D. Annexation Provisions Relating to Special Districts › Section 43.080. Municipal Bonds Used to Carry Out Purposes of Abolished Conservation and Reclamation District

Sec. 43.080.  MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT.  (a)  This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district.
(b)  If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted.
(c)  The bonds must be authorized by ordinance of the governing body of the municipality.  The ordinance must provide for the levy of taxes on all taxable property in the municipality to pay the principal of and interest on the bonds when due.  The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality.
(d)  A bond that is approved, registered, and sold as provided by this section is incontestable.
(e)  This section repeals a municipal charter provision to the extent of a conflict with this section.  This section does not affect the authority of a municipality to issue bonds for other purposes.
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 43 - Municipal Annexation › Subchapter D. Annexation Provisions Relating to Special Districts › Section 43.081. Continuation of Certain Municipal Water Boards on Annexation of Water Control and Improvement District

Sec. 43.081.  CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT.  (a)  A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes.
(b)  The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district.  The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository.
(c)  The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account.  The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.