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 D. Annexation Provisions Relating to Special Districts › Section 43.082. Annexation by Certain Municipalities of Land Owned by Navigation District

Sec. 43.082.  ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT.  A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land.
Added by Acts 2007, 80th Leg., R.S., Ch. 175 (H.B. 1312), Sec. 1, eff. May 23, 2007.
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 43.083. Annexation by Certain Municipalities That Operate Municipally Owned Water Utility

Sec. 43.083.  ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY.  (a)  This section applies only to a municipality that:
(1)  operates a municipally owned water utility; and
(2)  is a party to a strategic partnership agreement:
(A)  with a municipal utility district; and
(B)  under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district.
(b)  A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751:
(1)  may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and
(2)  must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation.
Added by Acts 2019, 86th Leg., R.S., Ch. 632 (S.B. 1468), 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 E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.101. Annexation of Municipally Owned Reservoir

Sec. 43.101.  ANNEXATION OF MUNICIPALLY OWNED RESERVOIR.  (a)  A general-law municipality may annex:
(1)  a reservoir owned by the municipality and used to supply water to the municipality;
(2)  any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality;  and
(3)  the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route.
(b)  The municipality may annex the area if:
(1)  none of the area is more than five miles from the municipality's boundaries;
(2)  none of the area is in another municipality's extraterritorial jurisdiction;  and
(3)  the area, excluding road or highway right-of-way, is less than 600 acres.
(c)  A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area.
(d)  The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054.  Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(i), eff. Aug. 28, 1989.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 29, eff. December 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 30, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.12, 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 E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.102. Annexation of Municipally Owned Airport

Sec. 43.102.  ANNEXATION OF MUNICIPALLY OWNED AIRPORT.  (a)  A municipality may annex:
(1)  an airport owned by the municipality;  and
(2)  the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route.
(b)  The municipality may annex the area if:
(1)  none of the area is more than eight miles from the municipality's boundaries;  and
(2)  each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation.
(c)  A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area.
(d)  The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054.  Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation.
(e)  The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(j), eff. Aug. 28, 1989.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 31, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.13, 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 E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.1025. Annexation of Noncontiguous Municipally Owned Airport by Certain Municipalities

Sec. 43.1025.  ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES.  (a)  This section applies only to a home-rule municipality that has a population of less than 13,000 and is located primarily in a county with a population of more than 3.3 million.
(b)  The municipality may annex the unincorporated area of an airport owned by the municipality that is noncontiguous to the boundaries of the municipality regardless of whether the airport is located in the municipality's extraterritorial jurisdiction.  The annexation may include any unincorporated area located in the proximity of the airport.
(c)  The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located:
(1)  consents to the annexation; and
(2)  reduces its extraterritorial jurisdiction over the area as provided by Section 42.023.
(d)  If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest.
(e)  Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 55(a), eff. December 1, 2017.
(f)  The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality.
(g)  Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 55(a), eff. December 1, 2017.
Added by Acts 2007, 80th Leg., R.S., Ch. 423 (S.B. 1349), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 63, eff. September 1, 2011.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 32, eff. December 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 55(a), eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.06, eff. May 24, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 124, 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 E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.1055. Annexation of Road Rights-of-Way on Request or Without Objection of Owner or Maintaining Political Subdivision

Sec. 43.1055.  ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.  (a)  Notwithstanding any other law, a municipality may by ordinance annex under the procedures prescribed by Subchapter C-1:
(1)  a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way; or
(2)  a road right-of-way described by Subsection (b).
(b)  A municipality may annex a road right-of-way provided that the right-of-way:
(1)  is contiguous to the municipality's boundary or to an area being simultaneously annexed by the municipality;
(2)  either:
(A)  is parallel to the boundary of the municipality or to an area being simultaneously annexed by the municipality; or
(B)  connects the boundary of the municipality to an area being simultaneously annexed by the municipality or to another point on the boundary of the municipality; and
(3)  does not result in the municipality's boundaries surrounding any area that was not already in the municipality's extraterritorial jurisdiction immediately before the annexation of the right-of-way.
(c)  A municipality may annex a right-of-way under this section only if:
(1)  the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way requests the annexation of the right-of-way in writing; or
(2)  both:
(A)  the municipality provides written notice of the annexation to the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way not later than the 61st day before the date of the proposed annexation; and
(B)  the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation.
(d)  If a right-of-way proposed to be annexed under this section is owned or maintained by a governmental body, then that governmental body may specify, by notifying the municipality in writing, the location at which a municipality must deliver notice under Subsection (c).
(e)  Section 43.054 does not apply to the annexation of a right-of-way under this section.
(f)  Notwithstanding Section 42.021, the annexation of a road right-of-way described by Subsection (b)(2)(B) does not expand the  annexing municipality's extraterritorial jurisdiction.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 36, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.14, eff. May 24, 2019.
Acts 2021, 87th Leg., R.S., Ch. 560 (S.B. 374), Sec. 1, eff. June 14, 2021.
Acts 2023, 88th Leg., R.S., Ch. 121 (H.B. 586), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.1056. Annexation of Contiguous or Connecting Rights-of-Way

Sec. 43.1056.  ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY.  (a)  Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is:
(1)  contiguous and runs parallel to the municipality's boundaries; and
(2)  contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D.
(b)  A municipality may annex a right-of-way under this section only if:
(1)  the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and
(2)  the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation.
(c)  If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b).
(d)  Section 43.054 does not apply to the annexation of a right-of-way under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 560 (S.B. 374), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter E. Annexation Provisions Relating to Reservoirs, Airports, Streets, and Certain Other Areas › Section 43.106. Annexation of County Roads Required in Certain Circumstances

Sec. 43.106.  ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES.  (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road.
(b)  If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that:
(1)  is not located in the boundaries of the annexing municipality; and
(2)  is adjacent to the road and right-of-way.
Added by Acts 2001, 77th Leg., ch. 393, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1052 (H.B. 1949), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.121. Authority of Populous Home-Rule Municipalities to Annex for Limited Purposes; Other Authority Not Affected

Sec. 43.121.  AUTHORITY OF POPULOUS HOME-RULE MUNICIPALITIES TO ANNEX FOR LIMITED PURPOSES;  OTHER AUTHORITY NOT AFFECTED.  (a)  Subject to Section 43.1211, the governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area.
(b)  To be annexed for limited purposes, an area must be:
(1)  within the municipality's extraterritorial jurisdiction;  and
(2)  contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation.
(c)  The provisions of this subchapter, other than Sections 43.1211 and 43.136, do not affect the authority of a municipality to annex an area for limited purposes under Section 43.136 or any other statute granting the authority to annex for limited purposes.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 822, Sec. 2, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 1167, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 37, 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 F. Limited Purpose Annexation › Section 43.1211. Use of Consent Procedures to Annex for Limited Purposes

Sec. 43.1211.  USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES.  Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 38, eff. December 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 1.07, 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 F. Limited Purpose Annexation › Section 43.122. Certain Strip Annexations Prohibited

Sec. 43.122.  CERTAIN STRIP ANNEXATIONS PROHIBITED.  A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 822, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.123. Report Regarding Planning Study and Regulatory Plan

Sec. 43.123.  REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN.  (a)  Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public.  The report must contain the results of the planning study conducted for the area in accordance with Subsection (c) and must contain the regulatory plan prepared for the area in accordance with Subsection (d).
(b)  Notice of the availability of the report shall be published at least twice in a newspaper of general circulation in the area proposed to be annexed.  The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type.
(c)  The planning study must:
(1)  project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes;
(2)  describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation;
(3)  analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and
(4)  identify the proposed zoning of the area on annexation and inform the public that any comments regarding the proposed zoning will be considered at the public hearings for the proposed limited-purpose annexation.
(d)  The regulatory plan must:
(1)  identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and
(2)  state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes.
(e)  The deadline imposed by Subsection (d)(2) does not apply to an area that:
(1)  is owned by the United States, this state, or a political subdivision of this state;
(2)  is located outside the boundaries of a water control and improvement district or a municipal utility district;  and
(3)  is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 4, eff. June 18, 2003.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.124. Public Hearings

Sec. 43.124.  PUBLIC HEARINGS.  (a)  Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation.  Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so.  At the hearing, the municipality shall hear and consider the appropriateness of the application of rural and urban ordinances in the area to be annexed for limited purposes.
(b)  The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are instituted.  A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation.  The notice must be in the format prescribed by Section 43.123(b).  Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain:
(1)  a statement of the purpose of the hearing;
(2)  a statement of the date, time, and place of the hearing; and
(3)  a general description of the location of the area proposed to be annexed for limited purposes.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.125. Adoption of Regulatory Plan

Sec. 43.125.  ADOPTION OF REGULATORY PLAN.  (a)  At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area.
(b)  The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan.
(c)  The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.126. Period for Completion of Annexation

Sec. 43.126.  PERIOD FOR COMPLETION OF ANNEXATION.  The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.127. Annexation for Full Purposes

Sec. 43.127.  ANNEXATION FOR FULL PURPOSES.  (a)  Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes.  This requirement may be waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the affected landowners.  A written agreement to waive the municipality's obligation to annex the area for full purposes binds all future owners of land annexed for limited purposes pursuant to that waiver.
(b)  In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area.  By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning.  By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects.  By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 822, Sec. 2, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 248, Sec. 5, eff. June 18, 2003.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.128. Judicial Remedies: Forced Annexation or Disannexation

Sec. 43.128.  JUDICIAL REMEDIES:  FORCED ANNEXATION OR DISANNEXATION.  (a)  If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area.  On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area.  If an area is disannexed, the area may not be annexed again by the municipality for five years.
(b)  If the municipality fails to take the steps required by Section 43.127(b), any affected person may petition the district court to compel the annexation of a particular area for full purposes or the disannexation of the area.  On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.129. Consensual Annexation

Sec. 43.129.  CONSENSUAL ANNEXATION.  The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request.  A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 822, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.130. Effect of Annexation on Voting Rights, Eligibility for Office, and Taxing Authority

Sec. 43.130.  EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY.  (a)  The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter.  The voters may not vote in any bond election.  On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents.
(b)  A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office.
(c)  The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area.  The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 664, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.131. Effect of Annexation on Extraterritorial Jurisdiction

Sec. 43.131.  EFFECT OF ANNEXATION ON EXTRATERRITORIAL JURISDICTION.  The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter F. Limited Purpose Annexation › Section 43.132. Municipal Incorporation in Annexed Area

Sec. 43.132.  MUNICIPAL INCORPORATION IN ANNEXED AREA.  A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter G. Disannexation › Section 43.142. Disannexation According to Municipal Charter in Home-Rule Municipality

Sec. 43.142.  DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY.  A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter.
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 G. Disannexation › Section 43.143. Disannexation by Petition and Election in General-Law Municipality

Sec. 43.143.  DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY.  (a)  When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that describes the area by metes and bounds and requests that the area be declared no longer part of the municipality, the mayor shall order an election on the question in the municipality.  The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law.
(b)  When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality.  The area ceases to be a part of the municipality on the date of the order.  However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries.
(c)  If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness.  The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness.  Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness.  This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness.
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 G. Disannexation › Section 43.144. Disannexation of Sparsely Populated Area in General-Law Municipality

Sec. 43.144.  DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY.  (a)  The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if:
(1)  the area consists of at least 10 acres contiguous to the municipality;  and
(2)  the area:
(A)  is uninhabited;  or
(B)  contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre.
(b)  On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area.  The area ceases to be a part of the municipality on the date of the entry of the order.
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 G. Disannexation › Section 43.145. Disannexation of Unimproved Area or Nontaxable Area in Certain Municipalities

Sec. 43.145.  DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES.  (a)  The governing body of a municipality by ordinance may discontinue an area as a part of the municipality if:
(1)  the municipality has a population of 4,000 or more and is located in a county with a population of more than 205,000, and the area is composed of at least three contiguous acres that are unimproved and adjoining the municipal boundaries;  or
(2)  the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary.
(b)  On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area.  The area ceases to be a part of the municipality on the date of the entry of the order.
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 G. Disannexation › Section 43.146. Disannexation of Land in a Municipal Utility District

Sec. 43.146.  DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT.  Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district.  Such disannexation shall not affect the validity of the annexation of other territory.  Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section.
Added by Acts 1989, 71st Leg., ch. 1058, Sec. 5, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter G. Disannexation › Section 43.1465. Disannexation From Defunding Municipality

Sec. 43.1465.  DISANNEXATION FROM DEFUNDING MUNICIPALITY.  (a)  In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109.
(b)  On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area.
(c)  The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation.
(d)  If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before 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).
(e)  A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election.
Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 2.02, 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 G. Disannexation › Section 43.147. Width Requirement for Disannexation

Sec. 43.147.  WIDTH REQUIREMENT FOR DISANNEXATION.  (a)  A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality.
(b)  The strip of area to be disannexed must:
(1)  be adjacent to either side of the road or highway;  and
(2)  follow the course of the road or highway.
Added by Acts 1995, 74th Leg., ch. 513, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter G. Disannexation › Section 43.148. Refund of Taxes and Fees

Sec. 43.148.  REFUND OF TAXES AND FEES.  (a)  If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period.
(b)  A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded.
(c)  A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed.  Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of:
(1)  six percent each year after the 180th day and until the 210th day after the date the area is disannexed;  and
(2)  one percent each month after the 210th day after the date the area is disannexed.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 15, 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 H. Alteration of Annexation Status › Section 43.201. Definitions

Sec. 43.201.  DEFINITIONS.  In this subchapter:
(1)  "Consent agreement" means an agreement between a district and a municipality under Section 42.042.
(2)  "Limited-purpose annexation" means annexation authorized under Section 43.121.
Added by Acts 1995, 74th Leg., ch. 787, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter H. Alteration of Annexation Status › Section 43.202. Applicability

Sec. 43.202.  APPLICABILITY.  This subchapter applies to:
(1)  a municipal utility district operating under Chapter 54, Water Code, that:
(A)  was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district;
(B)  was annexed by the municipality on the same date as at least five other districts;  and
(C)  has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed;  and
(2)  a municipality that has:
(A)  annexed territory for limited purposes;
(B)  disannexed territory that previously was annexed for limited purposes;  and
(C)  previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies.
Added by Acts 1995, 74th Leg., ch. 787, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 43 - Municipal Annexation › Subchapter Z. Miscellaneous Provisions › Section 43.901. Circumstances in Which Consent to Boundaries or Annexation Is Presumed

Sec. 43.901.  CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED.  A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate persons, except another municipality, if:
(1)  two years have expired after the date of the adoption of the ordinance;  and
(2)  an action to annul or review the adoption of the ordinance has not been initiated in that two-year period.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 401, Sec. 1, 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 Z. Miscellaneous Provisions › Section 43.902. Annexation, Extraterritorial Jurisdiction, and Eminent Domain on Inaccessible Gulf Island

Sec. 43.902.  ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND.  (a)  Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land.
(b)  The extraterritorial jurisdiction of a municipality does not include land on the island unless the owners of the land consent.
(c)  A municipality may not take property on the island through eminent domain.
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 Z. Miscellaneous Provisions › Section 43.903. Effect of Annexation on Railroad Switching Limits or Rates

Sec. 43.903.  EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES.  An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad.
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 Z. Miscellaneous Provisions › Section 43.905. Effect of Annexation on Operation of School District

Sec. 43.905.  EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT.  (a)  A municipality that proposes to annex an area shall provide written notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for providing the notice of, as applicable:
(1)  the hearing under Section 43.0673; or
(2)  the first hearing under Section 43.063, 43.0683, or 43.0693.
(b)  A notice to a public school district shall contain a description of:
(1)  the area within the district proposed for annexation;
(2)  any financial impact on the district resulting from the annexation, including any changes in utility costs;  and
(3)  any proposal the municipality has to abate, reduce, or limit any financial impact on the district.
(c)  The municipality may not proceed with the annexation unless the municipality provides the required notice.
(d)  A municipality that has annexed any portion of an area after December 1, 1996, and before September 1, 1999, in which a school district has a facility shall grant a variance from the municipality's building code for that facility if the facility does not comply with the code.
(e)  A municipality that, as a result of the annexation, provides utility services to a school district facility may charge the district for utility services at:
(1)  the same rate that the district was paying before the annexation;  or
(2)  a lower municipal rate.
(f)  A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 16, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 41, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.17, eff. May 24, 2019.