New Protection Against Forced Annexation

August 23, 2017

Friends,

Last week the Legislative Special Session concluded. We passed some very important measures that are great for Texas. One bill, SB 6, will better protect property owners from involuntary annexation of their homesteads and other property.

When this annexation bill came to the House floor for vote it only restricted cities with a population of 500,000 or more! It required three runs at amending the bill, but I was eventually able to add an amendment to allow counties such as Parker and Wise to come under the new property owner protections.

It is important for these landowner protections to be afforded to all Texans and not just those in large urban areas. Here is a summary of the new law which will go into effect December 1.

PROPERTY OWNER PROTECTION

  • Current Texas law authorizes a home rule city (most Texas cities with a population over 5,000) to annex surrounding areas without a property owner’s consent, subjecting the people whose land is annexed to the regulations, ordinances, taxation, and fees of the municipality annexing the land.
  • General law cities (those cities under 5,000 in population) typically must receive consent from landowners prior to annexing.
  • Beginning December 1, 2017, Texas law will require approval of landowners in unincorporated areas before they can be annexed. This restriction initially applies to home rule cities of 500,000 or more in population.
  • However, in addition, all Texas property owners will have the right to petition their county to hold an election to opt-in to the new law and prohibit involuntary annexation. If approved by this local election, the new restrictions against involuntary annexation will apply to all home rule cities within counties where the opt-in election prevails.
  • You can read the amended bill in its entirety HERE.