SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 43.001 - Definition
In this chapter, "extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B GENERAL AUTHORITY TO ANNEX
- Texas Section 43.002 - Continuation Of Land Use
(a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in...
- Texas Section 43.021 - Authority Of Home-rule Municipality To Annex Area And Take Other Actions Regarding Boundaries
A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with...
- Texas Section 43.022 - Voter Approval Of Annexation By Home-rule Municipality Required Under Certain Circumstances
(a) If, under its charter, the governing body of a home-rule municipality initiates or orders an election to submit to the qualified voters of the...
- Texas Section 43.023 - Authority Of General-law Municipality With Population Of More Than 5,000 To Annex Area On Petition And Election Of Area Voters
(a) A general-law municipality with a population of more than 5,000 may annex, as provided by this section, an area that is contiguous to the...
- Texas Section 43.0235 - Additional Requirements For Annexation Of Certain Commercial Or Industrial Areas By General-law Municipalities
(a) A general-law municipality may annex an area in which 50 percent or more of the property in the area to be annexed is primarily...
- Texas Section 43.024 - Authority Of Type A General-law Municipality To Annex Area On Request Of Area Voters
(a) This section applies only to the annexation of an area that: (1) is one-half mile or less in width; and (2) is contiguous to...
- Texas Section 43.025 - Authority Of Type B General-law Municipality To Annex Area On Request Of Area Voters
(a) If a majority of the qualified voters of an area contiguous to a Type B general-law municipality vote in favor of becoming a part...
- Texas Section 43.026 - Authority Of Type A General-law Municipality To Annex Area It Owns
The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns. The ordinance must describe the area by...
- Texas Section 43.027 - Authority Of General-law Municipality To Annex Navigable Stream
The governing body of a general-law municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction. Acts...
- Texas Section 43.028 - Authority Of Municipalities To Annex Sparsely Occupied Area On Petition Of Area Landowners
(a) This section applies only to the annexation of an area: (1) that is one-half mile or less in width; (2) that is contiguous to...
- Texas Section 43.029 - Authority Of Certain Small Municipalities To Annex Unoccupied Area On Petition Of School Board
(a) This section applies only to a municipality with a population of: (1) 900 to 920; (2) 1,251 to 1,259; or (3) 3,944 to 3,964....
- Texas Section 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...
- Texas Section 43.031 - Authority Of Adjacent Municipalities To Change Boundaries By Agreement
Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. Acts 1987, 70th Leg., ch....
- Texas Section 43.032 - Authority Of Certain Type A General-law Municipalities To Annex An Area Upon Petition By Owners
(a) The governing body of a general-law municipality with a population of 1,500 to 1,599 may annex an area: (1) that is adjacent to the...
- Texas Section 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...
- Texas Section 43.034 - Authority Of General-law Municipality To Annex Area; Certain Municipalities
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...
- Texas Section 43.035 - Authority Of Municipality To Annex Area Qualified For Agricultural Or Wildlife Management Use Or As Timber Land
(a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and (2)...
- Texas Section 43.036 - Transfer Of Area And Change In Boundaries Between Certain Municipalities
(a) This section applies only to an area that: (1) is contiguous to the corporate boundaries of a municipality with a population of more than...
SUBCHAPTER C ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN
- Texas Section 43.037 - Prohibition Against Annexation To Surround Municipality In Certain Counties
A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may...
- Texas Section 43.051 - Authority To Annex Limited To Extraterritorial Jurisdiction
A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff....
- Texas Section 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,...
- Texas Section 43.053 - Inventory Of Services And Facilities Required
(a) In this section, "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a...
- Texas Section 43.054 - Width Requirements
(a) A municipality with a population of less than 1.6 million may not annex a publicly or privately owned area, including a strip of area...
- Texas Section 43.0545 - Annexation Of Certain Adjacent Areas
(a) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to...
- Texas Section 43.0546 - Annexation Of Certain Adjacent Areas By Populous Municipalities
(a) In this section, "municipal area" means the area within the corporate boundaries of a municipality other than: (1) an area annexed before September 1,...
- Texas Section 43.055 - Maximum Amount Of Annexation Each Year
(a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as...
- Texas Section 43.056 - Provision Of Services To Annexed Area
(a) Before the first day of the 10th month after the month in which the inventory is prepared as provided by Section 43.053, the municipality...
- Texas Section 43.0561 - Annexation Hearing Requirements
(a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the...
- Texas Section 43.0562 - Negotiations Required
(a) After holding the hearings as provided by Section 43.0561: (1) if a municipality has a population of less than 1.6 million, the municipality and...
- Texas Section 43.0563 - Contracts For Provision Of Services In Lieu Of Annexation
(a) The governing body of a municipality with a population of less than 1.6 million may negotiate and enter into a written agreement for the...
- Texas Section 43.0564 - Arbitration Regarding Negotiations For Services
(a) If the municipality and the representatives of the area proposed for annexation cannot reach an agreement for the provision of services under Section 43.0562...
- Texas Section 43.0565 - Arbitration Regarding Enforcement Of Service Plan
(a) A person who requests arbitration as provided by Section 43.056(l) must request the appointment of an arbitrator in writing to the municipality. (b) Sections...
- Texas Section 43.0567 - Provision Of Water Or Sewer Service In Populous Municipality
(a) The requirements of this section are in addition to those prescribed by Section 43.056. (b) A municipality with a population of more than 1.6...
SUBCHAPTER C-1 ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN
- Texas Section 43.057 - Annexation That Surrounds Area: Findings Required
If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality,...
- Texas Section 43.061 - Applicability
This subchapter applies to an area proposed for annexation that is not required to be included in a municipal annexation plan under Section 43.052. Added...
- Texas Section 43.062 - Procedures Applicable
(a) Sections 43.051, 43.054, 43.0545, 43.055, 43.0565, 43.0567, and 43.057 apply to the annexation of an area to which this subchapter applies. (b) This subsection...
- Texas Section 43.063 - Annexation Hearing Requirements
(a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the...
- Texas Section 43.064 - Period For Completion Of Annexation; Effective Date
(a) The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings...
SUBCHAPTER D ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS
- Texas Section 43.065 - Provision Of Services To Annexed Area
(a) Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall...
- Texas Section 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...
- Texas Section 43.0712 - Invalidation Of Annexation Of Special District; Reimbursement Of Developer
(a) If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation...
- Texas Section 43.0715 - Annexation Of Water-related Special District: Reimbursement Of Landowner Or Developer; Continuation Of District And Taxing Authority
(a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use...
- Texas Section 43.072 - Authority To Annex Municipal Utility District By Home-rule Municipality
(a) This section applies to a municipal utility district that is located entirely in the extraterritorial jurisdiction of a single general-law municipality and that has...
- Texas Section 43.073 - Abolition Of, Or Division Of Functions Of, Levee Improvement District Annexed By Municipality With Population Of More Than 500,000
(a) This section applies to a municipality with a population of more than 500,000 that annexes all or part of the area in a levee...
- Texas Section 43.074 - Abolition Of Water-related Special District Created Wholly In Municipality
(a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's...
- Texas Section 43.075 - Abolition Of, Or Division Of Functions Of, Water-related Special District That Becomes Part Of Not More Than One Municipality
(a) This section applies to: (1) a municipality that annexes all or part of the area in a water control and improvement district, fresh water...
- Texas Section 43.0751 - Strategic Partnerships For Continuation Of Certain Districts
(a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. The term does not include a groundwater...
- Texas Section 43.07515 - Regulation Of Fireworks Under Strategic Partnership Agreement Law
(a) A municipality may not regulate under Section 43.0751 or 43.0752 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. (b)...
- Texas Section 43.0752 - Arbitration Of Strategic Partnership Agreement
(a) If the municipality and the district cannot reach an agreement on the terms of a strategic partnership agreement under Section 43.0751, either party may...
- Texas Section 43.0753 - Regional Development Agreements
(a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and...
- Texas Section 43.0754 - Regional Participation Agreements
(a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district...
- Texas Section 43.076 - Abolition Of Water-related Special District That Becomes Part Of More Than One Municipality
(a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of...
- Texas Section 43.0761 - Provision Of Water And Sanitary Sewer Utility Service
(a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer...
- Texas Section 43.079 - Consent Requirement For Annexation Of Area In Certain Conservation And Reclamation Districts
(a) This section applies only to a conservation and reclamation district, including a municipal utility district, that: (1) is located wholly in more than one...
- Texas Section 43.080 - Municipal Bonds Used To Carry Out Purposes Of Abolished Conservation And Reclamation District
(a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article...
- Texas Section 43.081 - Continuation Of Certain Municipal Water Boards On Annexation Of Water Control And Improvement District
(a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to...
SUBCHAPTER E ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS
- Texas Section 43.082 - Annexation By Certain Municipalities Of Land Owned By Navigation District
A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to...
- Texas Section 43.101 - Annexation Of Municipally Owned Reservoir By General-law Municipality
(a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous...
- Texas Section 43.102 - Annexation Of Municipally Owned Airport
(a) A municipality may annex: (1) an airport owned by the municipality; and (2) the right-of-way of any public road or highway connecting the airport...
- Texas Section 43.1025 - Annexation Of Noncontiguous Municipally Owned Airport By Certain Municipalities
(a) This section applies only to a home-rule municipality that has a population of less than 11,000 and is located primarily in a county with...
- Texas Section 43.103 - Annexation Of Streets, Highways, And Other Ways By General-law Municipality
(a) A general-law municipality with a population of 500 or more may annex, by ordinance and without the consent of any person, the part of...
- Texas Section 43.105 - Annexation Of Streets By Certain Small General-law Municipalities
(a) A general-law municipality that has a population of 1,066-1,067 and is located in a county with a population of 85,000 or more that is...
SUBCHAPTER F LIMITED PURPOSE ANNEXATION
- Texas Section 43.106 - Annexation Of County Roads Required In Certain Circumstances
(a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire...
- Texas Section 43.121 - Authority Of Populous Home-rule Municipalities To Annex For Limited Purposes; Other Authority Not Affected
(a) The governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying...
- Texas Section 43.122 - Certain Strip Annexations Prohibited
A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or...
- Texas Section 43.123 - Report Regarding Planning Study And Regulatory Plan
(a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the...
- Texas Section 43.124 - Public Hearings
(a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed...
- Texas Section 43.125 - Adoption Of Regulatory Plan
(a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt...
- Texas Section 43.126 - Period For Completion Of Annexation
The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. Added...
- Texas Section 43.127 - Annexation For Full Purposes
(a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the...
- Texas Section 43.128 - Judicial Remedies: Forced Annexation Or Disannexation
(a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court...
- Texas Section 43.129 - Consensual Annexation
The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of...
- Texas Section 43.130 - Effect Of Annexation On Voting Rights, Eligibility For Office, And Taxing Authority
(a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members...
- Texas Section 43.131 - Effect Of Annexation On Extraterritorial Jurisdiction
The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k),...
- Texas Section 43.132 - Municipal Incorporation In Annexed Area
A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. Added by Acts 1989, 71st...
SUBCHAPTER G DISANNEXATION
- Texas Section 43.136 - Authority Of Special-law Municipality To Annex For Limited Purposes Along Navigable Stream
(a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the...
- Texas Section 43.141 - Disannexation For Failure To Provide Services
(a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the...
- Texas Section 43.142 - Disannexation According To Municipal Charter In Home-rule Municipality
A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not...
- Texas Section 43.143 - Disannexation By Petition And Election In General-law Municipality
(a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the...
- Texas Section 43.144 - Disannexation Of Sparsely Populated Area In General-law Municipality
(a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the...
- Texas Section 43.145 - Disannexation Of Unimproved Area Or Nontaxable Area In Certain Municipalities
(a) The governing body of a municipality by ordinance may discontinue an area as a part of the municipality if: (1) the municipality has a...
- Texas Section 43.146 - Disannexation Of Land In A Municipal Utility District
Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum...
- Texas Section 43.147 - Width Requirement For Disannexation
(a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that...
SUBCHAPTER H ALTERATION OF ANNEXATION STATUS
- Texas Section 43.148 - Refund Of Taxes And Fees
(a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by...
- Texas Section 43.201 - Definitions
In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. (2) "Limited-purpose annexation" means annexation authorized under...
- Texas Section 43.202 - Applicability
This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality...
SUBCHAPTER Y ANNEXATION AND INCORPORATION PROCEDURES FOR CERTAIN UNINCORPORATED COMMUNITIES IN CERTAIN COUNTIES
- Texas Section 43.203 - Alteration Of Annexation Status
(a) The governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose...
- Texas Section 43.851 - Definitions
In this subchapter: (1) "Affected county" means Jasper County, Newton County, or Orange County. (2) "Affected municipality" means a municipality the boundaries of which are...
- Texas Section 43.852 - Annexation Procedures
Notwithstanding Section 43.052(h), an affected municipality may not annex all or part of an affected unincorporated area unless the affected municipality: (1) includes the affected...
- Texas Section 43.853 - Notice: Including Area In Plan
(a) An affected municipality that adopts or amends its municipal annexation plan to include all or part of an affected unincorporated area must comply with...
- Texas Section 43.854 - Notice: Removing Area From Plan
(a) An affected municipality that adopts or amends its municipal annexation plan to remove all or part of an affected unincorporated area must comply with...
- Texas Section 43.855 - Incorporation Procedures
(a) Except as provided by Subsection (b), if an application or petition to incorporate all or part of an affected unincorporated area is filed with...
SUBCHAPTER Z MISCELLANEOUS PROVISIONS
- Texas Section 43.856 - Expiration Date
This subchapter expires at midnight on December 31, 2030. Added by Acts 2001, 77th Leg., ch. 1123, Sec. 1, eff. June 15, 2001. Amended by...
- Texas Section 43.901 - Circumstances In Which Consent To Boundaries Or Annexation Is Presumed
A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate...
- Texas Section 43.902 - Annexation, Extraterritorial Jurisdiction, And Eminent Domain On Inaccessible Gulf Island
(a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not...
- Texas Section 43.903 - Effect Of Annexation On Railroad Switching Limits Or Rates
An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. Acts 1987,...
- Texas Section 43.905 - Effect Of Annexation On Operation Of School District
(a) A municipality that proposes to annex an area shall provide written notice of the proposed annexation to each public school district located in the...
- Texas Section 43.906 - Voting Rights After Annexation
(a) In connection with an annexation or proposed annexation, a municipality shall apply for preclearance under Section 5, Voting Rights Act of 1965 (42 U.S.C....
- Texas Section 43.907 - Effect Of Annexation On Colonias
(a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other...