Texas Local Government Code

§ 41.003 — INCLUSION OF AREA RECEIVING LONGSTANDING TREATMENT AS PART OF MUNICIPALITY

LG § 41.003Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 41. MUNICIPAL BOUNDARIES

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(a)The governing body of a municipality may adopt an ordinance to declare an area that is adjacent to the municipality and that meets the requirements of Subsection (b) to be a part of the municipality. The adoption of the ordinance creates an irrebuttable presumption that the area is a part of the municipality for all purposes. The presumption may not be contested for any cause after the effective date of the ordinance.

(b)An area qualifies for inclusion in a municipality under this section only if, on the date of the adoption of the ordinance:

(1)the records of the municipality indicate that the area has been a part of the municipality for at least the preceding 20 years;

(2)the municipality has provided municipal services, including police protection, to the area and has otherwise treated the area as a part of the municipality during the preceding 20 years;

(3)there has not been a final judicial determination during the preceding 20 years that the area is outside the boundaries of the municipality; and

(4)there is no pending lawsuit that challenges the inclusion of the area as part of the municipality.

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Legislative history

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.