Texas § SD.8813.006 - ANNEXATION

§ SD.8813.006. ANNEXATION

ANNEXATION. (a) Except to the extent the authority agrees in writing, a municipality's annexation of territory within the authority does not affect: (1) the authority's powers inside or outside the annexed territory; (2) the authority's boundaries or contracts; or (3) the authority's ability to assess fees, user fees, rates, charges, or special assessments inside or outside the territory annexed by the municipality. (b) Territory may be annexed to the authority, regardless of whether the territory is contiguous to the authority, as provided by Chapter 49 , Water Code. (c) In addition to the authority granted by Subsection (b), regardless of whether the territory is contiguous to the authority, the authority may annex some or all of the territory located within a district or municipality if the district or municipality files with the authority a petition requesting the annexation signed by a majority of the members of the governing body of the district or municipality. The petition must include an accurate legal description of the boundaries of the territory to be included. If the authority has bonds, notes, or other obligations outstanding, the authority shall require the petitioning district or municipality to be obligated to pay its share of the principal of and interest on the outstanding bonds, notes, or other obligations, and related costs. The board may grant the petition and order the territory described by the petition annexed to the authority if it is feasible, practicable, and to the advantage of the authority. (d) Any territory that a district located within the authority annexes becomes territory of the authority on the effective date of the annexation without any action required of the authority. The authority by rule may require all districts located within the authority to send to the authority written notice of the effective date of an annexation and require the districts to send to the authority copies of any necessary documents describing the annexed land and describing the districts' boundaries as they exist after inclusion of the annexed land. (e) The annexation to the authority of territory under this section does not affect the validity of the authority's bonds issued before or after the annexation. (f) A municipality that annexes territory of the authority for limited purposes under Subchapter F , Chapter 43 , Local Government Code, does not have the right to: (1) receive notices from the authority under Section 8813.103 (c); (2) participate in the appointment of directors under Subchapter B; or (3) receive information about or have the opportunity to fund its share of capital costs in the manner provided by the authority under Section 8813.104 . (g) Notwithstanding any provision of this section or other law, no territory may be annexed into or added to the authority that, at the time of annexation or addition, is located within the boundaries of both: (1) another regional water authority created under Section 59 , Article XVI, Texas Constitution; and (2) a subsidence district. Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798 ), Sec. 1, eff. June 17, 2005. Amended by: Acts 2015, 84th Leg., R.S., Ch. 621 (S.B. 1051 ), Sec. 1, eff. June 16, 2015.