Tex. Local Gov't Code Section 43.136
Authority of Special-law Municipality to Annex for Limited Purposes Along Navigable Stream


(a)

The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to:

(1)

improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and

(2)

establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves.

(b)

The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. The boundaries are extended on the adoption of the ordinance.

(c)

The governing body may acquire land in the added area by purchase, condemnation, or gift. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets.

(d)

This section does not authorize the municipality to extend its boundaries to include area that is part of or belongs to another municipality.

(e)

A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries.

(f)

After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage.

(g)

The municipality may designate all or part of the added area as an industrial district, as the term is customarily used, and may treat the designated area in a manner considered by the governing body to be in the best interest of the municipality. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. The contract or agreement may contain other terms considered appropriate by the parties. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each.

(h)

Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if:

(1)

the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b);

(2)

the owners of the area petition the governing body for the change in status; and

(3)

the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 3(k), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 816, Sec. 1, eff. June 17, 1997.

Source: Section 43.136 — Authority of Special-law Municipality to Annex for Limited Purposes Along Navigable Stream, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­43.­htm#43.­136 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 43.136’s source at texas​.gov