06 Disannexation
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ORGANIZATION OF MUNICIPAL GOVERNMENT
§ 43.14.
and publication must be made by attaching to the
petition presented to the secretary:
(1) the sworn affidavit of any voter who signed
the petition, stating the places and dates of the
posting; and
(2) the sworn affidavit of the publisher of the
newspaper in which the notice was published, stat-
ing the name of the newspaper and the issue and
date of publication.
Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. Amend-
ed by Acts 1999, 76th Leg., ch. 1167, § 14, err. Sept. 1, 1999.
Section 17(d) and (e) of Acts 1999, 76th Leg., ch. 1167 provides:
"(d) The changes in law made by this Act in Sections 43.002, 43.054,
43.0545, 43.0546, 43.056(b), (c), (e), (t), (g), (l), (m), (n), and (0),
43.0565, 43.0712, 43.0751, 43.121(a), 43.141(c), 43.148, 43.905, and
43.906, Local Government Code, as added or amended by this Act,
apply to the annexation of an area that is not included in the
municipality's annexation plan during the period beginning December
31, 1999, and ending December 31, 2002, if the fIrst public hearing
required as part of the annexation procedure is conducted on or after
September 1, 1999.
"(e) The changes in law made by this Act in Sections 43.002, 43.054,
43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0),
43.0565, 43.0712, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local
Government Code, as added or amended by this Act, apply to the
annexation of an area that is not required to be included in a
municipal annexation plan under Section 43.052, Local Government
Code, as amended by this Act, if the first hearing notice required by
Section 43.063, Local Government Code, as added by this Act, is
published on or after September 1, 1999."
§ 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 inconsistent
with the procedural rules prescribed by this chapter.
Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
§ 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 municipality that de-
scribes the area by metes and bounds and requests
that the area be declared no longer part of the munici-
pality, the mayor shall order an election on the ques-
tion in the municipality. The election shall be held on
the first uniform election date prescribed by Chapter
41, Election Code, that occurs after the date on which
the petition is filed and that affords enough time to
hold the election in the manner required by law.
(b) When a majority of the votes received in the
election favor discontinuing the area as part of the
municipality, the mayor shall declare that the area is
no longer a part of the municipality and shall enter a:
order to that effect in the minutes or records of th
governing body of the municipality. The area cease
to be a part of the municipality on the date of tht
order. However, the area may not be discontinued a.
part of the municipality if the discontinuation woule
result in the municipality having less area than onE
square mile or one mile in diameter around the centel
of the original municipal boundaries.
(c) If the area \vithdraws from a municipality aE
provided by this section and if, at the time of thE
withdrawal, the municipality owes any debts, by bond
or othen.vise, the area is not released from its pro raid
share of that indebtedness. The governing body shall
continue to levy a property tax each year on the
property in the area at the same rate that is levied on
other property in the municipality until the taxes
collected from the area equal its pro rata share of the
indebtedness. Those taxes may be charged only \vith
the cost of levying and collecting the taxes, and the
taxes shall be applied exclusively to the payment of
the pro rata share of the indebtedness. This subsec-
tion does not prevent the inhabitants of the area from
paying in full at any time their pro rata share of the
indebtedness.
Acts 1987, 70th Leg., ch. 149, § 1, eft'. Sept. 1, 1987.
§ 43.144. Disannexation of Sparsely Populated
Area in General-Law l\'lunicipality
(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 area consists of at least 10 acres contigu-
ous to the municipality; and
(2) the area:
(A) is uninhabited; or
(B) contains fewer than one occupied residence
or business structure for every two acres and fewer
than three occupied residences or business struc-
tures on anyone acre.
(b) On adoption of the ordinance, the mayor shall
enter in the minutes or records of the governing body
an order discontinuing the area. The area ceases to
be a part of the municipality on the date of the entry
of the order.
Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
81
§ 43.145
LOCAL GOVERNMENT CODE
§ 43.145. Disannexation of Unimproved Area or
Nontaxable Area in Certain Munici-
palities
(a) The governing body of a municipality by ordi-
nance may discontinue an area as a part of the
municipality if:
(1) the municipality has a population of 4,000 or
more and is located in a county with a population of
more than 205,000, and the area is composed of at
least three contiguous acres that are unimproved
and adjoining the municipal boundaries; or
(2) the municipality has a population of 596,000 or
more, and the area is an improved area that is not
taxable by the municipality and is contiguous to the
municipal boundary.
(b) On adoption of the ordinance, the governing
body shall enter in the minutes or records of the
municipality an order discontinuing the area. The
area ceases to be a part of the municipality on the
date of the entry of the order.
Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
§ 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 \vidth of any tel'litory annexed be at least
1,000 feet in \vidth, a municipality that has exercised
limited purpose annexation may disannex any land
located within a municipal utility district. Such disan-
nexation shall not affect the validity of the annexation
of other territory. Such municipality may refund any
taxes paid or waive any taxes due to the municipality
by the owners of the property disannexed pursuant to
the provisions of this section.
Added by Acts 1989, 71st Leg., ch. 1058, § 5, err. Sept. 1,
1989.
Section 4 of Acts 1989, 71st Leg., ch. 1058 provides:
"This Act applies only to a municipal annexation completed on or
after September 1, 1989. A municipal annexation completed before
that date is governed by the law in effect at the time the annexation is
completed, and the former law is continued in effect for this purpose."
§ 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 the municipality is required
to annex in order to comply with the width require-
ments of Section 43.054 unless such disannexation is
undertaken with the mutual agreement of the county
government and the municipality.
(b) The strip of area to be disannexed must:
(1) be adjacent to either side of the road or
highway; and
(2) follow the course of the road or highway.
Added by Acts 1995, 74th Leg., ch. 513, § 1, err. Sept. 1,
1995.
Section 2 of the 1995 Act pro\;des:
"This Act takes effect September 1, 1995, and applies only to an
area that is disannexed on or after the effective date of this Act. A
disannexation occurring before the effective date of this Act is gov-
erned by the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose."
§ 43.148. Refund of Taxes and Fees
(a) If an area is disannexed, the municipality disan-
nexing the area shall refund to the landowners of the
area the amount of money collected by the municipali- .
ty in property taxes and fees from those lando\vners
during the period that the area was a part of the
municipality less the amount of money that the munic-
ipality spent for the direct benefit of the area during
that period.
(b) A municipality shall proportionately refund the
amount under Subsection (a) to the landowners ac-
cording to a method to be developed by the municipal-
ity that identifies each landowner's approximate pro
rata payment of the taxes and fees being refunded.
(c) A municipality required to refund money under
this section shall refund the money to current land-
o\vners in the area not later than the 180th day after
the elate the area is elisannexed. Money that is not
refunded \vithin the period prescribed by this subsec-
tion accrues interest at the rate of:
(1) sL" percent each year after the 180th day and
until the 210th dav after the date the area is
.,
disannexeel; and
(2) one percent each month after the 210th day
after the date the area is disannexed.
Added by Acts 1999, 76th Leg., ch. 1167, § 15, err. Sept. 1,
1999.
Section 17(d) and (e) of Acts 1999, 76th Leg., ch. 1167 provides:
"(d) The changes in law made by this Act in Sections 43.002, 43.054,
43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0),
43.0565, 43.0712, 43.0751, 43.121(a), 43.141(c), 43.148, 43.905, and
43.906, Local Government Code, as added or amended by this Act,
apply to the annexation of an area that is not included in the
municipality's annexation plan during the period beginning December
31, 1999, and ending December 31, 2002, if the fIrst public hearing
required as part of the annexation procedure is conducted on or after
September 1, 1999.
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ORGANIZATION OF MUNICIPAL GOVERNMENT
§ 43.203
"(e) The changes in law made by this Act in Sections 43.002, 43.054,
43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0),
43.0565, 43.0712, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local
Government Code, as added or amended by this Act, apply to the
annexation of an area that is not required to be included in a
municipal annexation plan under Section 43.052, Local Government
Code as amended by this Act, ü the fll'St hearing notice required by
secti~n 43.063, Local Government Code, as added by this Act, is
published on or after September 1, 1999."
[Sections 43.149 to 43.200 reserved for expansion]
SUBCHAPTER H. ALTERATION
OF ANNEXATION STATUS
§ 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 annex-
ation authorized under Section 43.121.
Added by Acts 1995, 74th Leg., ch. 787, § 2, err. Sept. 1,
1995.
§ 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 municipal-
ity as a condition of the municipality granting con-
sent to the creation of the district;
(B) was annexed by the municipality on the san1e
date as at least five other districts; and
(C) has not had on the eighth anniversary of the
district's annexation by the municipality more than
10 percent of the housing units or commercial
square footage authorized in its consent agreement
constructed; and
(2) a municipality that has:
(A) annexed territory for limited purposes;
(B) disannexed territory that previously was an-
nexed for limited purposes; and
(C) previously disannexed territory in a munici-
pal utility district originally annexed for full pur-
poses on the same date as a district to which this
section applies.
Added by Acts 1995, 74th Leg., ch. 787, § 2, err. Sept. 1,
1995.
§ 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 annex-
ation to limited-purpose annexation.
(b) On receipt of the district's petition, the govern-
ing body of the municipality shall enter into negotia-
tions with the district for an agreement to alter the
status of annexation that must:
(1) specify the period, which may not be less than
10 years beginning on January 1 of the year follow-
ing the date of the agreement, in which limitecl-
purpose annexation is in effect;
(2) provide that, at the expiration of the period,
the district's annexation status will automatically
revert to full-purpose annexation without follo\\ing
procedures provided by Sections 43.051 through
43.055 or any other procedural requirement for
annexation not in effect on January 1, 1995; and
(3) specify the financial obligations of the district
during and after the period of limited-purpose an-
nexation for:
(A) facilities constructed by the municipality that
are in or that serve the district;
(B) debt incurred by the district for water and
sewer infrastructure that will be assumed by the
municipality at the end of the peliod of limited-
purpose annexation; and
(C) use of the municipal sales taxes collected by
the numicipality for facilities or services in the
district.
(c) If an agreement is not reached \\ithin 90 days
after the date the municipality receives a petition
submitted by a district:
(1) the district's status is automatically altered
from full-purpose annexation to limited-purpose an-
nexation for a period of not less than 10 years,
beginning January 1 of the year following the date
of the submission of a petition, unless the voters of
the district have approved the dissolution of the
distlict through an election authorized by this sec-
tion; and
(2) on the expiration of the 10-year peliod of
Subdivision (1), notwithstanding any other provision
of law, the district may be restored to full-purpose
annexation at the option of the municipality, provid-
ed that the municipality assumes all obligations
otherwise assigned by law to a municipality that
annexes a disbict; and
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