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PART I: CONTEXT & AUTHORITY <br />Section 1. Introduction <br />In many parts of the U.S., county governments are considered to be "caretakers" of the unincorporated <br />areas, under the presumption that at some time in the future, they will be included within municipal <br />boundaries. Nevertheless, when cities consider annexation and/or disannexation of properties, there <br />are fundamental considerations that should be applied prior to those decisions. This report attempts to <br />address these considerations. <br />Section 2: The Context of the Texas Local Government Code <br />1. Annexation Procedural Methods: <br />Under 1999's SB 89, there are two basic annexation procedural methods, each of which is based <br />either on the inclusion or exclusion of an area in a city's annexation plan: <br />(A) Annexation of an area that is exempt from the annexation plan requirement; and <br />(B) Annexation after Dec. 31, 2002 of area included in an annexation plan. <br />If an area is not exempt, a city must place it in an annexation plan and wait three years to <br />annex the area under the procedures established by Chapter 43, subchapter C, "Annexation <br />Procedures for Areas Annexed Under Municipal Annexation Plan." <br />2. The Annexation Plan: <br />SB 89 required that every city in Texas adopt an annexation plan that became effective no later <br />than December 1, 1999. The plan must identify annexations that will occur beginning three <br />years after the date the plan is adopted. <br />However, certain kinds of areas are exempt from the plan requirement. For example, if an area <br />"contains fewer than 100 separate tracts of land on which one or more residential dwellings are <br />located on each tract," the area is not required to be placed in an annexation plan. Also, if the <br />land is annexed by petition of area landowners or voters, the area is not required to be in a plan. <br />Further, a city can amend the plan to include new areas, but the city may not annex these areas <br />until three years after said area is included in the plan. There are also time limitations regarding <br />annexing property if an area is removed from the plan and/or placed back into the plan. There <br />2 <br />