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Texas Local Government Code - Section 43.030. Authority Of Municipality With Population Of 74,000 To 99,700 In Urban County To Annex Small, Surrounded General-Law Municipality

Legal Research Home > Texas Lawyer > Local Government Code > Texas Local Government Code - Section 43.030. Authority Of Municipality With Population Of 74,000 To 99,700 In Urban County To Annex Small, Surrounded General-Law Municipality

§ 43.030. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 
74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED 
GENERAL-LAW MUNICIPALITY.  (a) A municipality that has a 
population of 74,000 to 99,700, that is located wholly or partly in 
a county with a population of more than 1.8 million, and that 
completely surrounds and is contiguous to a general-law 
municipality with a population of less than 600, may annex the 
general-law municipality as provided by this section.
	(b)  The governing body of the smaller municipality may adopt 
an ordinance ordering an election on the question of consenting to 
the annexation of the smaller municipality by the larger 
municipality.  The governing body of the smaller municipality shall 
adopt the ordinance if it receives a petition to do so signed by a 
number of qualified voters of the municipality equal to at least 10 
percent of the number of voters of the municipality who voted in the 
most recent general election.  If the ordinance ordering the 
election is to be adopted as a result of a petition, the ordinance 
shall be adopted within 30 days after the date the petition is 
received.
	(c)  The ordinance ordering the election must provide for the 
submission of the question at an election to be held on the first 
uniform election date prescribed by Chapter 41, Election Code, that 
occurs after the 30th day after the date the ordinance is adopted 
and that affords enough time to hold the election in the manner 
required by law.
	(d)  Within 10 days after the date on which the election is 
held, the governing body of the smaller municipality shall canvass 
the election returns and by resolution shall declare the results of 
the election.  If a majority of the votes received is in favor of the 
annexation, the secretary of the smaller municipality or other 
appropriate municipal official shall forward by certified mail to 
the secretary of the larger municipality a certified copy of the 
resolution.
	(e)  The larger municipality, within 90 days after the date 
the resolution is received, must complete the annexation by 
ordinance in accordance with its municipal charter or the general 
laws of the state.  If the annexation is not completed within the 
90-day period, any annexation proceeding is void and the larger 
municipality may not annex the smaller municipality under this 
section.  However, the failure to complete the annexation as 
provided by this subsection does not prevent the smaller 
municipality from holding a new election on the question to enable 
the larger municipality to annex the smaller municipality as 
provided by this section.
	(f)  If the larger municipality completes the annexation 
within the prescribed period, the incorporation of the smaller 
municipality is abolished.  The records, public property, public 
buildings, money on hand, credit accounts, and other assets of the 
smaller municipality become the property of the larger municipality 
and shall be turned over to the officers of that municipality.  The 
offices in the smaller municipality are abolished and the persons 
holding those offices are not entitled to further remuneration or 
compensation.  All outstanding liabilities of the smaller 
municipality are assumed by the larger municipality.
	(g)  In the annexation ordinance, the larger municipality 
shall adopt, for application in the area zoned by the smaller 
municipality, the identical comprehensive zoning ordinance that 
the smaller municipality applied to the area at the time of the 
election.  Any attempted annexation of the smaller municipality 
that does not include the adoption of that comprehensive zoning 
ordinance is void.  That comprehensive zoning ordinance may not be 
repealed or amended for a period of 10 years unless the written 
consent of the landowners who own at least two-thirds of the surface 
land of the annexed smaller municipality is obtained.
	(h)  If the annexed smaller municipality has on hand any bond 
funds for public improvements that are not appropriated or 
contracted for, the funds shall be kept in a separate special fund 
to be used only for public improvements in the area for which the 
bonds were voted.
	(i)  On the annexation, all claims, fines, debts, or taxes 
due and payable to the smaller municipality become due and payable 
to the larger municipality and shall be collected by it.  If taxes 
for the year in which the annexation occurs have been assessed in 
the smaller municipality before the annexation, the amounts 
assessed remain as the amounts due and payable from the inhabitants 
of the smaller municipality for that year.
	(j)  This section does not affect a charter provision of a 
home-rule municipality.  This section grants additional power to 
the municipality and is cumulative of the municipal charter.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 597, § 80, eff. Sept. 1, 1991.

Last modified: August 11, 2007