Sec. 43.033. AUTHORITY OF GENERAL-LAW MUNICIPALITY TO ANNEX AREA. (a) Except as provided by Section 43.0235, 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, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 208, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 972 (H.B. 1772), Sec. 2, eff. June 18, 2005.
Acts 2015, 84th Leg., R.S., Ch. 717 (H.B. 1277), Sec. 2, eff. June 17, 2015.
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