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H.B. No. 1772
AN ACT
relating to permitting a general-law municipality to annex land in
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Local Government Code,
is amended by adding Section 43.032 to read as follows:
Sec. 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 annexing municipality;
(2) that is not being served with water or sewer
service from a governmental entity; and
(3) for which a petition requesting annexation has
been filed with the municipality.
(b) A petition requesting annexation filed under Subsection
(a)(3) must:
(1) describe the area to be annexed by metes and
bounds;
(2) be signed by each owner of real property in the
area to be annexed; and
(3) be filed with the secretary or clerk of the
municipality.
(c) Before filing the petition, the petitioners and the
governing body of the municipality may enter into a development
agreement to further cooperation between the municipality
regarding the proposed annexation. The agreement must be attached
to the petition and may allow:
(1) a facility or service, including optional, backup,
emergency, mutual aid, or supplementary facilities or services, to
be provided to the area or any part of the area by the municipality,
a landowner, or by any other person;
(2) standards for requesting and receiving any form of
municipal consent or approval required to perform an activity;
(3) remedies for breach of the agreement;
(4) the amendment, renewal, extension, termination,
or any other modification of the agreement;
(5) a third-party beneficiary to be specifically
designated and conferred rights or remedies under the agreement;
and
(6) any other term to which the parties agree.
(d) If the governing body certifies that the petition meets
the requirements of this section and agrees to enter any proposed
development agreement attached to the petition, the governing body
by ordinance may annex the area. On the effective date of the
ordinance, the area is annexed.
(e) If the area is annexed, the municipality shall:
(1) file a certified copy of the ordinance together
with a copy of the petition, including any attached development
agreement, in the office of the county clerk of the county in which
the municipality is located and with each party to the agreement;
and
(2) provide a copy of the filed documents to each
landowner in the area.
(f) The annexation of an area under this section does not
expand the extraterritorial jurisdiction of the municipality.
Sections 42.021 and 42.022 do not apply to an annexation made under
this section.
SECTION 2. Section 43.033(a), Local Government Code, is
amended to read as follows:
(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; [and]
(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.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1772 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1772 on May 26, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1772 on May 29, 2005, by the following vote: Yeas 140,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1772 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1772 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor