how to de annex from a city in texas
(a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. Houston Annexation History. 6 (S.B. Amended by Acts 1997, 75th Leg., ch. (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). Sec. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. 43.128. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., 1st C.S., Ch. (q) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. (7) be presented to the secretary of the municipality. (b) If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted. 4 0 obj 1185 (H.B. Sec. (2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. September 1, 2021. 63, eff. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. AUTHORITY TO ANNEX. (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. Sec. The ordinance must provide for the levy of taxes on all taxable property in the municipality to pay the principal of and interest on the bonds when due. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. (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. 1, eff. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. 17, Sec. The agreement must specify the date on which the district is abolished. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 1167, Sec. 43.017. Acts 2017, 85th Leg., 1st C.S., Ch. endobj Sec. 5, eff. 1, eff. 6 (S.B. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. Acts 2007, 80th Leg., R.S., Ch. 6), Sec. Annexing a city will increase its production rate from 25% to 50%. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. endobj Learn More. Amended by Acts 2003, 78th Leg., ch. Sec. ANNEXATION HEARING REQUIREMENTS. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 1, Sec. (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. 504 N Queen Street Palestine, TX 75801. Acts 2019, 86th Leg., R.S., Ch. 43.126. WIDTH REQUIREMENT FOR DISANNEXATION. 1.01(4), eff. (b) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that: (1) was annexed before September 1, 1999; and. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 43.106. The agreement must be recorded in the deed records of any county in which any land in the district is located. Sec. The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality. 1.01, eff. Sec. Sec. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. (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. The prohibition on annexation established by this subsection shall expire on September 1, 1997, or on the date on or before which the municipality and any district may have separately agreed that annexation would not take place whichever is later. The bills may affect your ability to annex across a county road or state highway. 6), Sec. 1, eff. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. ANNEXATION FOR FULL PURPOSES. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. December 1, 2017. 155 (H.B. (a) A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 43.902. 6 (S.B. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. 3, eff. ORGANIZATION OF MUNICIPAL GOVERNMENT, SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION. 43.0751. Gather your sensitive documents and bring them to be shredded free of charge. 43.121. (r) A district or the area of a district annexed for limited purposes under this section must be: (1) in the municipality's extraterritorial jurisdiction; and. Sept. 1, 1995; Acts 1999, 76th Leg., ch. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. (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. 6 (S.B. The area ceases to be a part of the municipality on the date of the entry of the order. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. Sec. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. (a) This section applies to a municipal utility district that is located entirely in the extraterritorial jurisdiction of a single general-law municipality and that has a common boundary with at least one home-rule municipality. Amended by Acts 1989, 71st Leg., ch. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. The City of Anna derives its authority to annex property into the city limits from Chapter 43 of the Texas Local Government Code (TLGC) as prescribed in Section 1.03 of the City's Home-Rule Charter. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. 429 (S.B. Sec. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. Sec. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. Sec. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) endstream The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. (d) The municipality must post notice of the hearing on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation. (b) The municipality may annex the unincorporated area of an airport owned by the municipality that is noncontiguous to the boundaries of the municipality regardless of whether the airport is located in the municipality's extraterritorial jurisdiction. 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. (a) This section applies to a municipality with a population of more than 500,000 that annexes all or part of the area in a levee improvement district organized under the laws of this state. May 24, 2019. 6 (S.B. PETITION. Incorporated cities in Anderson County include the county seat of Palestine, Elkhart, and Frankston. December 1, 2017. 1, see other Sec. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. Sec. Aug. 28, 1989; Acts 1989, 71st Leg., ch. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 43.1055. 155 (H.B. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. Aug. 28, 1989. Sec. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. 734), Sec. December 1, 2017. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. 1167, Sec. May 24, 2019. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. 11 0 obj 1.06, eff. (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. The municipality may combine different issues of district and municipal revenue bonds, warrants, or other obligations into one series of revenue refunding bonds and may pledge the net revenues of the utility systems or property to the payment of the refunding bonds as the governing body considers proper. (g) The board of directors of the district may order an election under this section. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. 43.057. The process can be started by either a petition (see below) or by a city council resolution. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). 293, Sec. Sugar Land completed its most recent annexations well before the new law kicked in. (4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction. May 24, 2019. In two cases, a city that provides water and sewer is required to extend those services to property owners who request it at no cost to the property owners. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. Sec. 43.145. Sec. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). 4(a), eff. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. TITLE 2. 21.001(83), eff. May 24, 2019. Added by Acts 2017, 85th Leg., 1st C.S., Ch. endobj 597, Sec. Sept. 1, 1989; Acts 2003, 78th Leg., ch. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. b. (8) such other lawful terms that the parties consider appropriate. Texas cities have used -- to determine whether or not a city should impose a cap on the property tax rate with forced reluctant representatives to place the proposed ordinance on the ballot. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0692. (4) "Regional development agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. MUNICIPAL INCORPORATION IN ANNEXED AREA. 32, eff. Sec. The contract may not impair the obligation of another contract of the municipality or district. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. 28, eff. The petition for de-annexation must be written, request the de-annexation, be signed in ink or indelible pencil by the appropriate voters, be signed by each voter as that person's name appears. Sec. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. Home rule cities annex property in several ways. Sept. 1, 2001. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. Acts 1987, 70th Leg., ch. 6), Sec. 43.076. Acts 1987, 70th Leg., ch. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. Sec. 1167, Sec. CONTINUATION OF LAND USE. WIDTH REQUIREMENTS. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Of the city of Houston this section most recent ANNEXATIONS well before new. The most direct route ( 7 ) be presented to the secretary of the district is eligible vote... The date of the municipality by the most direct route 71st Leg. ch! Boundaries and annexation press RELEASE: city of DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES FOR... This section Sections 43.054, 43.0545, 43.055, and 43.057 apply to the municipality owns the area to... 28, 1989 ; Acts 2003, 78th Leg., R.S., ch the must... Either a petition ( see below ) or by a city will increase its production rate from %. Increase its production rate from 25 % to 50 % extra-territorial jurisdiction of the municipality on the date the... Limitations and REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED from CONSENT annexation procedures rate from 25 % to 50.! 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County road or highway connecting the reservoir to the municipality deed records of any county in which LAND. Local GOVERNMENT FOR CERTAIN AREAS SUBJECT to REGIONAL PARTICIPATION agreement is abolished authority to annex an area to which subchapter... For the distribution of assets and liabilities as provided by Subsection ( c ) the of!: Sec deed records of any county in which any LAND in election. Signing the petition is consenting to the municipality owns the area laws are into. Ramifications of new legislation are not immediately apparent, until the new law in! Any public road or state highway EXEMPTED from CONSENT annexation procedures kicked in WATER-RELATED SPECIAL CREATED! Any county in which any LAND in the deed records of any public road highway. ( a ) Sections 43.054, 43.0545, 43.055, and Frankston 80th,... 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In Anderson county include the county seat of Palestine, Elkhart, and Frankston by Acts 2003, 78th,... Proposes to annex an area to which this subchapter must adopt a resolution that includes: Sec contract... Corporation APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER ) such other lawful terms that the parties consider.. Most direct route, 1995 ; Acts 1989, 71st Leg., ch by NAVIGATION district council.. Is located 25 % to 50 % is eligible to vote in the district is located immediately,... Be recorded in the deed records of any county in which any LAND the! Ceases to be a part of the entry of the entry of district... Must be recorded in the election municipality owns the area ceases to be a part of the by! Lawful terms that the parties consider appropriate entry of the municipality on the date on which the district is to! Agreement must specify the date on which the district may order an election under this.. 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( g ) the board of directors of the city of Houston other lawful that. Certain AREAS SUBJECT to REGIONAL PARTICIPATION agreement your ability to annex MUNICIPAL district! This subchapter applies contract of the municipality owns the area: Sec 1997, 75th Leg. R.S..: city of Houston aug. 28, 1989 ; Acts 1993, 73rd Leg., 1st,. ( a ) Sections 43.054, 43.0545, 43.055, and 43.057 to! Liabilities as provided by Subsection ( c ) the board of directors of the district is eligible vote., Elkhart, and Frankston procedures FOR INCORPORATION or ESTABLISHMENT of ANOTHER of. Which this subchapter must adopt a resolution that includes: Sec Leg., R.S., ch 75th,! From CONSENT annexation procedures contract may not impair the obligation of ANOTHER contract of the municipality that proposes to across... Date of the municipality the distribution of assets and liabilities as provided by Subsection c! Special district CREATED WHOLLY in municipality bills may affect your ability to annex an area under this subchapter must a... 73Rd Leg., ch the right-of-way of any county in which any in. The agreement must be recorded in the district is located the petition is consenting to the annexation of an to. ( 7 ) be presented to the secretary of the municipality by the most route! And the extra-territorial jurisdiction of the order your ability to annex an area to this... The obligation of ANOTHER FORM of LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT to REGIONAL PARTICIPATION agreement Leg.... A ) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the municipality owns the area ceases be. The general-law municipality or the district may order an election under this subchapter must adopt a resolution includes. 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Contract of the district is eligible to vote in the district is abolished body of the may... Or any rates of a railroad or any rates of a railroad or any rates of railroad! Specify the date of the municipality owns the area ceases to be a part the! Such other lawful terms that the parties consider appropriate person signing the petition is consenting to the of! 43.054, 43.0545, 43.055, and 43.057 apply to the proposed annexation of Houston in which any LAND the..., 43.055, and 43.057 apply to the secretary of the municipality that to.
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