Tex. Local Gov't Code Section 43.0755
Procedures for Incorporation or Establishment of Another Form of Local Government for Certain Areas Subject to Regional Participation Agreement


(a)

In this section, “district,” “eligible municipality,” and “regional participation agreement” have the meanings assigned by Section 43.0754 (Regional Participation Agreements).

(b)

This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 (Regional Participation Agreements) that authorizes any of the actions described by Section 43.0754 (Regional Participation Agreements)(c)(6), (7), or (8).

(c)

Notwithstanding any other law, including laws prescribing population or territorial requirements for incorporation under Section 5.901 (Territorial Requirements for Incorporation as General-law Municipality), 6.001 (Authority to Incorporate as Type a General-law Municipality), 7.001 (Authority to Incorporate as Type B General-law Municipality), or 8.001 (Authority to Incorporate as Type C General-law Municipality), the governing body of a district may order an election as provided by this subsection to be held on a uniform election date prescribed by Section 41.001 (Uniform Election Dates), Election Code. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of:

(1)

submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality;

(2)

submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality;

(3)

submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or

(4)

submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality.

(d)

Notwithstanding any other law:

(1)

the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election;

(2)

all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and

(3)

the requirements of Sections 7.002 (Application to Incorporate) and 8.002 (Petition to Incorporate) do not apply to an election ordered under Subsection (c)(1) or (2).

(e)

In an election ordered under Subsection (c)(2) or (4), the governing body of the district may order elections in multiple designated areas on the same date or order elections in designated areas periodically on a uniform election date.

(f)

In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: “Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).”

(g)

In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district’s authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government.

(h)

If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001 (Uniform Election Dates)(a), Election Code, does not apply. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office.

(i)

If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government, the district is dissolved and the governing body of the district will serve as the temporary governing body of the municipality or alternate form of local government until a permanent governing body is elected as provided by Subsection (j).

(j)

The temporary governing body under Subsection (i) shall order an election to elect the permanent governing body of the municipality or alternate form of local government to occur on a date that complies with the provisions of the Election Code, except that Section 41.001 (Uniform Election Dates)(a), Election Code, does not apply.

(k)

An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22 (Aldermanic Form of Government in Type a General-law Municipality), 23 (Aldermanic Form of Government in Type B General-law Municipality), or 24 (Commission Form of Government in General-law Municipality), to the extent consistent with this section. An election for members of the governing body of an alternate form of government must be held under the law applicable to that form of government, to the extent consistent with this section.

(l)

If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election.

(m)

If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government in a designated area of the district and if, on the date of the election approving the form of local government, the district owes any debts, by bond or otherwise, the designated area is not released from its pro rata share of the indebtedness.

(n)

For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04 (Submission of Roll to Governing Body; No-new-revenue and Voter-approval Tax Rates)(c), Tax Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 593 (S.B. 1015), Sec. 1, eff. June 9, 2017.

Source: Section 43.0755 — Procedures for Incorporation or Establishment of Another Form of Local Government for Certain Areas Subject to Regional Participation Agreement, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­43.­htm#43.­0755 (accessed Jun. 5, 2024).

43.001
Definitions
43.002
Continuation of Land Use
43.003
Authority of Home-rule Municipality to Annex Area and Take Other Actions Regarding Boundaries
43.004
Annexation by Defunding Municipality Prohibited
43.005
Required Disclosure Before Annexation Agreement
43.012
Authority of Type a General-law Municipality to Annex Area It Owns
43.013
Authority of Municipality to Annex Navigable Stream
43.014
Authority to Annex Limited to Extraterritorial Jurisdiction
43.015
Authority of Adjacent Municipalities to Change Boundaries by Agreement
43.016
Authority of Municipality to Annex Area Qualified for Agricultural or Wildlife Management Use or as Timber Land
43.017
Prohibition Against Annexation to Surround Municipality in Certain Counties
43.052
Municipal Annexation Plan Required
43.054
Width Requirements
43.055
Maximum Amount of Annexation Each Year
43.056
Provision of Services to Annexed Area
43.057
Annexation that Surrounds Area: Findings Required
43.061
Applicability
43.062
Procedures Applicable
43.063
Annexation Hearing Requirements
43.064
Period for Completion of Annexation
43.065
Provision of Services to Annexed Area
43.071
Authority to Annex Water or Sewer District
43.072
Authority to Annex Municipal Utility District by Home-rule Municipality
43.074
Abolition of Water-related Special District Created Wholly in Municipality
43.075
Abolition Of, or Division of Functions Of, Water-related Special District that Becomes Part of Not More than One Municipality
43.076
Abolition of Water-related Special District that Becomes Part of More than One Municipality
43.079
Consent Requirement for Annexation of Area in Certain Conservation and Reclamation Districts
43.080
Municipal Bonds Used to Carry out Purposes of Abolished Conservation and Reclamation District
43.081
Continuation of Certain Municipal Water Boards on Annexation of Water Control and Improvement District
43.082
Annexation by Certain Municipalities of Land Owned by Navigation District
43.083
Annexation by Certain Municipalities that Operate Municipally Owned Water Utility
43.101
Annexation of Municipally Owned Reservoir
43.102
Annexation of Municipally Owned Airport
43.106
Annexation of County Roads Required in Certain Circumstances
43.0115
Authority of Certain Municipalities to Annex Enclaves
43.0116
Authority of Municipality to Annex Industrial Districts
43.0117
Authority of Municipality to Annex Area near Military Base
43.121
Authority of Populous Home-rule Municipalities to Annex for Limited Purposes
43.122
Certain Strip Annexations Prohibited
43.123
Report Regarding Planning Study and Regulatory Plan
43.124
Public Hearings
43.125
Adoption of Regulatory Plan
43.126
Period for Completion of Annexation
43.127
Annexation for Full Purposes
43.128
Judicial Remedies: Forced Annexation or Disannexation
43.129
Consensual Annexation
43.130
Effect of Annexation on Voting Rights, Eligibility for Office, and Taxing Authority
43.131
Effect of Annexation on Extraterritorial Jurisdiction
43.132
Municipal Incorporation in Annexed Area
43.136
Authority of Special-law Municipality to Annex for Limited Purposes Along Navigable Stream
43.141
Disannexation for Failure to Provide Services
43.142
Disannexation According to Municipal Charter in Home-rule Municipality
43.143
Disannexation by Petition and Election in General-law Municipality
43.144
Disannexation of Sparsely Populated Area in General-law Municipality
43.145
Disannexation of Unimproved Area or Nontaxable Area in Certain Municipalities
43.146
Disannexation of Land in a Municipal Utility District
43.147
Width Requirement for Disannexation
43.148
Refund of Taxes and Fees
43.201
Definitions
43.202
Applicability
43.203
Alteration of Annexation Status
43.0505
Applicability
43.0545
Annexation of Certain Adjacent Areas
43.0561
Annexation Hearing Requirements
43.0565
Access to Services by Certain Municipalities in Annexed Area
43.0635
Map Requirement for Proposed Annexation
43.0661
Provision of Certain Services to Annexed Area
43.0663
Effect on Other Law
43.0671
Authority to Annex Area on Request of Owners
43.0672
Written Agreement Regarding Services
43.0673
Public Hearing
43.0681
Authority to Annex
43.0682
Resolution
43.0683
Notice of Proposed Annexation
43.0684
Public Hearing
43.0685
Petition
43.0686
Results of Petition
43.0687
Voter Approval by Municipal Residents on Petition
43.0688
Retaliation for Annexation Disapproval Prohibited
43.0691
Authority to Annex
43.0692
Resolution
43.0693
Notice of Proposed Annexation
43.0694
Public Hearings
43.0695
Property Owner Consent Required for Certain Areas
43.0696
Election
43.0697
Results of Election and Petition
43.0698
Voter Approval by Municipal Residents on Petition
43.0699
Retaliation for Annexation Disapproval Prohibited
43.0712
Invalidation of Annexation of Special District
43.0715
Annexation of Water-related Special District: Reimbursement of Landowner or Developer
43.0751
Strategic Partnerships for Continuation of Certain Districts
43.0753
Regional Development Agreements
43.0754
Regional Participation Agreements
43.0755
Procedures for Incorporation or Establishment of Another Form of Local Government for Certain Areas Subject to Regional Participation Agreement
43.0761
Provision of Water and Sanitary Sewer Utility Service
43.901
Circumstances in Which Consent to Boundaries or Annexation Is Presumed
43.902
Annexation, Extraterritorial Jurisdiction, and Eminent Domain on Inaccessible Gulf Island
43.903
Effect of Annexation on Railroad Switching Limits or Rates
43.905
Effect of Annexation on Operation of School District
43.907
Effect of Annexation on Colonias
43.908
Enforcement of Chapter
43.1025
Annexation of Noncontiguous Municipally Owned Airport by Certain Municipalities
43.1055
Annexation of Road Rights-of-way on Request or Without Objection of Owner or Maintaining Political Subdivision
43.1056
Annexation of Contiguous or Connecting Rights-of-way
43.1211
Use of Consent Procedures to Annex for Limited Purposes
43.1463
Disannexation of Areas Annexed During Transition from Nonconsent to Consent Annexation Model
43.1465
Disannexation from Defunding Municipality
43.07515
Regulation of Fireworks Under Strategic Partnership Agreement Law
43.9051
Effect of Annexation on Public Entities or Political Subdivisions

Accessed:
Jun. 5, 2024

§ 43.0755’s source at texas​.gov