Annexation, Texas Small City Toolbox

Annexation (and Disannexation) of Property

Statutes:

Municipal annexation statutes are found in Chapter 43 of the Texas Local Government Code.

Annexation:

- The general annexation prerequisites are found in Subchapter A and A-1.
- There is no Subchapter B…
- Subchapter C deals with width requirements, municipal annexation plans, annexation of adjacent areas, max annual annexation amounts, provision of services and other limitations and requirements.
  - Subchapter C hearing requirements are found in Section 43.0561.
- Subchapter C-1 deals with annexation of areas exempt from the consent annexation procedures.
  - Subchapter C-1 hearing requirements are found in Section 43.063.
- Subchapter C-2 deals with general authority and procedures for consent annexations.
- Subchapter C-3 deals with annexation of property at the request of the owners.
  - Subchapter C-3 hearing requirements are found in Section 43.0673.
- Subchapter C-4 provides the mechanisms for annexation of sparsely populated tracts (<200 population) by petition and election.
  - Resolution, notice, hearing, petition and election…
- Subchapter C-5 provides the mechanisms and procedures for annexation of more populated tracts (>/=200 population) by petition and election.
  - Resolution, notice, hearing, petition and election…
- Subchapter D: Annexation of special districts (i.e. MUDs)
  - Annexation under a Strategic Partnership Agreement is governed by Section 43.0751.
- Subchapter E governs annexation of streets ans other specific types of property such as airports and reservoirs.
  - The requirement to annex county roadways is found in Section 43.106.
- Subchapter F governs certain types of limited purpose annexations.
- Subchapter H deals with alteration of annexation status by agreement.
  - Full purpose to limited purpose.
- Subchapter Z contains miscellaneous provisions.
  - Validation, effect on school districts and other entities, and enforcement of the chapter.

Disannexation:

- Subchapter G deals with the process for disannexation starting at Section 43.141.
  - Failure to provide services, petition, minimum sizes, etc…
  - Example Disannexation Ordinance from Nolanville, Texas.

Other Resources:

- The Texas Municipal League provides a number of annexation-related documents as well as a good paper on the topic.
- Example Strategic Partnership Agreement between the City of Georgetown and a MUD.