Texas Local Government Code
§ 43.071 — AUTHORITY TO ANNEX WATER OR SEWER DISTRICT
LG § 43.071Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 43. MUNICIPAL ANNEXATION · Art. D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS
Statute text
View on source(a)In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. The term does not include a district or authority the primary function of which is the wholesale distribution of water.
(b)A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. This restriction does not apply to the annexation of area in a water or sewer district if the district is wholly or partly in the extraterritorial jurisdiction of more than one municipality.
(c)An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if:
(1)immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and
(2)the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial jurisdiction.
(d)Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055.
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 1178 (H.B. 536), Sec. 1, eff. September 1, 2007. Acts 2023, 88th Leg., R.S., Ch. 605 (H.B. 3514), Sec. 1, eff. September 1, 2023.