Texas Local Government Code - Section 43.052. Municipal Annexation Plan Required
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§ 43.052. MUNICIPAL ANNEXATION PLAN REQUIRED. (a) In
this section, "special district" means a municipal utility
district, water control and improvement district, or other district
created under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution.
(b) A municipality may annex an area identified in the
annexation plan only as provided by this section.
(c) A municipality shall prepare an annexation plan that
specifically identifies annexations that may occur beginning on the
third anniversary of the date the annexation plan is adopted. The
municipality may amend the plan to specifically identify
annexations that may occur beginning on the third anniversary of
the date the plan is amended.
(d) At any time during which an area is included in a
municipality's annexation plan, a municipal utility district or
other special district that will be abolished as a result of the
annexation, excluding an emergency services district, in which the
area is located may not without consent of the municipality:
(1) reduce the tax rate applicable to the area if the
amount that would remain in the debt service fund after the
reduction and after subtracting the amount due for debt service in
the following year is less than 25 percent of the debt service
requirements for the following year;
(2) voluntarily transfer an asset without
consideration; or
(3) enter into a contract for services that extends
beyond the three-year annexation plan period other than a contract
with another political subdivision for the operation of water,
wastewater, and drainage facilities.
(e) A municipality may amend its annexation plan at any time
to remove an area proposed for annexation. If, before the end of
the 18th month after the month an area is included in the three-year
annexation cycle, a municipality amends its annexation plan to
remove the area, the municipality may not amend the plan to again
include the area in its annexation plan until the first anniversary
of the date the municipality amended the plan to remove the area.
If, during or after the 18 months after the month an area is
included in the three-year annexation cycle, a municipality amends
its annexation plan to remove the area, the municipality may not
amend the plan to again include the area in its annexation plan
until the second anniversary of the date the municipality amended
the plan to remove the area.
(f) Before the 90th day after the date a municipality adopts
or amends an annexation plan under this section, the municipality
shall give written notice to:
(1) each property owner in the affected area, as
indicated by the appraisal records furnished by the appraisal
district for each county in which the affected area is located, that
the area has been included in or removed from the municipality's
annexation plan;
(2) each public entity, as defined by Section 43.053,
or private entity that provides services in the area proposed for
annexation; 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.
(g) If an area is not removed from the municipality's
annexation plan, the annexation of the area under the plan must be
completed before the 31st day after the third anniversary of the
date the area was included in the annexation plan. If the
annexation is not completed within the period prescribed by this
subsection, the municipality may not annex the area proposed for
annexation before the fifth anniversary of the last day for
completing an annexation under this subsection.
(h) This section does not apply to an area proposed for
annexation if:
(1) the area contains fewer than 100 separate tracts
of land on which one or more residential dwellings are located on
each tract;
(2) the area will be annexed by petition of more than
50 percent of the real property owners in the area proposed for
annexation or by vote or petition of the qualified voters or real
property owners as provided by Subchapter B;
(3) the area is or was the subject of:
(A) an industrial district contract under
Section 42.044; or
(B) a strategic partnership agreement under
Section 43.0751;
(4) the area is located in a colonia, as that term is
defined by Section 2306.581, Government Code;
(5) the area is annexed under Section 43.026, 43.027,
43.029, or 43.031;
(6) the area is located completely within the
boundaries of a closed military installation; or
(7) the municipality determines that the annexation of
the area is necessary to protect the area proposed for annexation or
the municipality from:
(A) imminent destruction of property or injury to
persons; or
(B) a condition or use that constitutes a public
or private nuisance as defined by background principles of nuisance
and property law of this state.
(i) A municipality may not circumvent the requirements of
this section by proposing to separately annex two or more areas
described by Subsection (h)(1) if no reason exists under generally
accepted municipal planning principles and practices for
separately annexing the areas. If a municipality proposes to
separately annex areas in violation of this section, a person
residing or owning land in the area may petition the municipality to
include the area in the municipality's annexation plan. If the
municipality fails to take action on the petition, the petitioner
may request arbitration of the dispute. The petitioner must
request the appointment of an arbitrator in writing to the
municipality. Sections 43.0564(b), (c), and (e) apply to the
appointment of an arbitrator and the conduct of an arbitration
proceeding under this subsection. Except as provided by this
subsection, the municipality shall pay the cost of arbitration. If
the arbitrator finds that the petitioner's request for arbitration
was groundless or requested in bad faith or for the purposes of
harassment, the arbitrator shall require the petitioner to pay the
costs of arbitration.
(j) If a municipality has an Internet website, the
municipality shall:
(1) post and maintain the posting of its annexation
plan on its Internet website;
(2) post and maintain the posting on its Internet
website of any amendments to include an area in its annexation plan
until the date the area is annexed; and
(3) post and maintain the posting on its Internet
website of any amendments to remove an area from its annexation plan
until the date the municipality may again include the area in its
annexation plan.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1167, § 4, eff. Sept. 1, 1999.
Section: 43.029 43.030 43.031 43.032 43.033 43.034 43.051 43.052 43.053 43.054 43.0545 43.0546 43.055 43.056 43.0561
Last modified: August 11, 2007
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