Texas Local Government Code - Section 43.071. Authority To Annex Water Or Sewer District
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§ 43.071. AUTHORITY TO ANNEX WATER OR SEWER
DISTRICT. (a) In this section, "water or sewer district" means a
district or authority created under Article III, Section 52,
Subsections (b)(1) and (2), or under Article XVI, Section 59, of the
Texas Constitution that provides or proposes to provide, as its
principal function, water services or sewer services or both to
household users. The term does not include a district or authority
the primary function of which is the wholesale distribution of
water.
(b) A municipality may not annex area in a water or sewer
district unless it annexes the entire part of the district that is
outside the municipality's boundaries. This restriction does not
apply to the annexation of area in a water or sewer district if the
district is wholly or partly in the extraterritorial jurisdiction
of more than one municipality.
(c) An annexation subject to Subsection (b) is exempt from
the provisions of this chapter that limit annexation authority to a
municipality's extraterritorial jurisdiction if:
(1) immediately before the annexation, at least
one-half of the area of the water or sewer district is in the
municipality or its extraterritorial jurisdiction; and
(2) the municipality does not annex in the annexation
proceeding any area outside its extraterritorial jurisdiction
except the part of the district that is outside its
extraterritorial jurisdiction.
(d) Area annexed under Subsection (b) is included in
computing the amount of area that a municipality may annex under
Section 43.055 in a calendar year. If the area to be annexed
exceeds the amount of area the municipality would otherwise be able
to annex, the municipality may annex the area but may not annex
additional area during the remainder of that calendar year, except
area subject to Subsection (b) and area that is excluded from the
computation under Section 43.055.
(e) Subsections (b)-(d) do not apply to the annexation of:
(1) an area within a water or sewer district if:
(A) the governing body of the district consents
to the annexation;
(B) the owners in fee simple of the area to be
annexed consent to the annexation; and
(C) the annexed area does not exceed 525 feet in
width at its widest point;
(2) a water or sewer district that has a noncontiguous
part that is not within the extraterritorial jurisdiction of the
municipality; or
(3) a part of a special utility district created or
operating under Chapter 65, Water Code.
(f) To annex the entire part of a water or sewer district
that is outside the municipality's boundaries, a general-law
municipality incorporated after 1983 that is, after incorporation
of the district, incorporated over all or any part of the district
may annex territory by ordinance without the consent of the
inhabitants or property owners of the territory.
(g) Expired Sept. 1, 1990.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 4(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1058, § 3, eff. Sept. 1, 1989.
Section: 43.0567 43.057 43.061 43.062 43.063 43.064 43.065 43.071 43.0712 43.0715 43.072 43.073 43.074 43.075 43.0751
Last modified: August 11, 2007
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