Texas Local Government Code - Section 43.033. Authority Of General-Law Municipality To Annex Area
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§ 43.033. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX
AREA. (a) A general-law municipality may annex adjacent territory
without the consent of any of the residents or voters of the area
and without the consent of any of the owners of land in the area
provided that the following conditions are met:
(1) the municipality has a population of 1,000 or more
and is not eligible to adopt a home-rule charter;
(2) the procedural rules prescribed by this chapter
are met;
(3) the municipality must be providing the area with
water or sewer service;
(4) the area:
(A) does not include unoccupied territory in
excess of one acre for each service address for water and sewer
service; or
(B) is entirely surrounded by the municipality
and the municipality is a Type A general-law municipality;
(5) the service plan requires that police and fire
protection at a level consistent with protection provided within
the municipality must be provided to the area within 10 days after
the effective date of the annexation;
(6) the municipality and the affected landowners have
not entered an agreement to not annex the area for a certain time
period; and
(7) if the area is appraised for ad valorem tax
purposes as land for agricultural or wildlife management use under
Subchapter C or D, Chapter 23, Tax Code:
(A) the municipality offers to make a development
agreement with the landowner in the manner provided by Section
212.172 that would:
(i) guarantee the continuation of the
extraterritorial status of the area; and
(ii) authorize the enforcement of all
regulations and planning authority of the municipality that do not
interfere with the agricultural or wildlife management use of the
area; and
(B) the landowner fails to accept an offer
described by Paragraph (A) within 30 days after the date the offer
is made.
(b) If, after one year but before three years from the
passage of an ordinance annexing an area under this section, a
majority of the landowners or registered voters in the area vote by
petition submitted to the municipality for disannexation, the
municipality shall immediately disannex the area. If the
municipality disannexes the area under this subsection, the
municipality may discontinue providing the area with water and
sewer service.
Added by Acts 1991, 72nd Leg., ch. 904, § 1, eff. Aug. 26, 1991.
Amended by Acts 1993, 73rd Leg., ch. 208, § 1, eff. Aug. 30,
1993; Acts 2005, 79th Leg., ch. 972, § 2, eff. June 18, 2005.
Section: 43.026 43.027 43.028 43.029 43.030 43.031 43.032 43.033 43.034 43.051 43.052 43.053 43.054 43.0545 43.0546
Last modified: August 11, 2007
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