2005 Texas Local Government Code CHAPTER 41. MUNICIPAL BOUNDARIES

LOCAL GOVERNMENT CODE

SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION

CHAPTER 41. MUNICIPAL BOUNDARIES


	§ 41.001. MAP OF MUNICIPAL BOUNDARIES AND 
EXTRATERRITORIAL JURISDICTION.  (a) Each municipality shall 
prepare a map that shows the boundaries of the municipality and of 
its extraterritorial jurisdiction.  A copy of the map shall be kept 
in the office of the secretary or clerk of the municipality.  If the 
municipality has a municipal engineer, a copy of the map shall also 
be kept in the office of the engineer.
	(b)  If the municipality annexes territory, the map shall be 
immediately corrected to include the annexed territory.  The map 
shall be annotated to indicate:
		(1)  the date of annexation;                                                  
		(2)  the number of the annexation ordinance, if any;  
and                   
		(3)  a reference to the minutes or municipal ordinance 
records in which the ordinance is recorded in full.
	(c)  If the municipality's extraterritorial jurisdiction is 
expanded or reduced, the map shall be immediately corrected to 
indicate the change in the municipality's extraterritorial 
jurisdiction.  The map shall be annotated to indicate:
		(1)  the date the municipality's extraterritorial 
jurisdiction was changed; 
		(2)  the number of the ordinance or resolution, if any, 
by which the change was made;  and
		(3)  a reference to the minutes or municipal ordinance 
or resolution records in which the ordinance or resolution is 
recorded in full.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 970, § 1, eff. Sept. 1, 1997.


	§ 41.0015. NOTICE OF MUNICIPAL BOUNDARY CHANGE.  (a) If 
an area is annexed to or disannexed from a municipality, the mayor 
or other presiding officer of the governing body of the 
municipality shall, within 30 days after the date of preclearance 
under Section 5, Federal Voting Rights Act (42 U.S.C. § 1973c), 
of the annexation or disannexation, send to the county clerk of each 
county in which the municipality is located a certified copy of 
documents showing the change in boundaries.
	(b)  The county shall promptly correct to reflect the change 
in municipal boundaries any official county map kept by the county 
that would be affected by the change.

Added by Acts 1989, 71st Leg., ch. 1160, § 1, eff. Aug. 28, 1989.          


	§ 41.002. BOUNDARY SURVEY IN GENERAL-LAW 
MUNICIPALITIES.  (a) Immediately after the members of the 
governing body of a newly incorporated general-law municipality 
qualify for office, the governing body shall adopt an ordinance 
requiring a survey of the boundaries of the municipality to be made.
	(b)  The survey must be based on the boundaries designated in 
the petition for incorporation.  The field notes of the survey must 
be recorded in the minutes of the municipality and in the deed 
records of the county in which the municipality is located.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 41.003. INCLUSION OF AREA RECEIVING LONGSTANDING 
TREATMENT AS PART OF MUNICIPALITY.  (a) The governing body of a 
municipality may adopt an ordinance to declare an area that is 
adjacent to the municipality and that meets the requirements of 
Subsection (b) to be a part of the municipality.  The adoption of 
the ordinance creates an irrebuttable presumption that the area is 
a part of the municipality for all purposes.  The presumption may 
not be contested for any cause after the effective date of the 
ordinance.
	(b)  An area qualifies for inclusion in a municipality under 
this section only if, on the date of the adoption of the ordinance:
		(1)  the records of the municipality indicate that the 
area has been a part of the municipality for at least the preceding 
20 years;
		(2)  the municipality has provided municipal services, 
including police protection, to the area and has otherwise treated 
the area as a part of the municipality during the preceding 20 
years;
		(3)  there has not been a final judicial determination 
during the preceding 20 years that the area is outside the 
boundaries of the municipality;  and
		(4)  there is no pending lawsuit that challenges the 
inclusion of the area as part of the municipality.
	(c)  The date on which an area that is made a part of a 
municipality under this section is considered to be a part of the 
municipality is retroactive to the date on which the municipality 
began its continuous treatment of the area as part of the 
municipality.  That date shall be used for all relevant purposes, 
including a determination of whether territory allegedly annexed by 
the municipality was adjacent to the municipality at the time of the 
purported annexation.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 41.004. BOUNDARIES NOT AFFECTED BY CHANGE TO TYPE A 
GENERAL-LAW MUNICIPALITY.  If a municipality changes to a Type A 
general-law municipality under Subchapter B of Chapter 6, the 
boundaries of the municipality remain the same as they existed 
under the law governing the municipality before the change.  After 
the change, the boundaries are subject to the law governing Type A 
general-law municipalities.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.