2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 41. MUNICIPAL BOUNDARIES  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION

CHAPTER 41. MUNICIPAL BOUNDARIES

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 970, Sec. 1, eff. Sept. 1,

1997.

Sec. 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. Sec.

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, Sec. 1, eff. Aug. 28,

1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.