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DAN MORALES
ATTORXEY
GENERAL January 19,1996
The Honorable Harvey Hilderbran Opinion No. DM-373
Chair
Committee on Human Services Re: Whether a city is restricted from
Texas House of Representatives reannexing an area previously annexed and
P.O. Box 2910 then disannexed under Local Government
Austin, Texas 78768-2910 Code section 43.033 (RQ-805)
Dear Representative HiJderbran:
Local Government Code section 43.033 provides:
(a) A general-law municipality may annex adjacent territory
without the consent of any of the residents or voters of the area and
without the consent of any of the owners of land in the area provided
that the following conditions sre met:
(1) the municipality has a population of 1,000 or more and
is not eligible to adopt a home-rule charter;
(2) the procedural rules prescriied by this chapter are met;
(3) the municipality must be providing the area with water
or sewer service;
(4) the area does not include unoccupied territory in excess
of one acre for each service address for water and sewer service;
(5) the service plan requires that poke and tire protection
at a level consistent with protection provided within the
municipality must be provided to the area within 10 days atIer
the effective date of the annexation; and
(6) the municipahty and the affected landowners have not
entered an agreement to not annex the area for a certain time
period.
(b) It; after one year but before three years from the passage of
an ordinance annexing an area under this section, a majority of the
landowners or registered voters in the area vote by petition’submitted
to the municipality for disannexation, the municipality shah
immediately disamtex the area If the municipality disannexes the
The Honorable Harvey Hilderbran - Page 2 (DM-3 7 3 )
area under this subsection, the municipality may discontinue
providing the area with water and sewer service.’
We understand you to ask what legal restrictions; if any, prevent a city, after an area has
been annexed under subsection (a) of section 43.033 but subsequently disannexed
pursuant to voter or landowner vote under subsection (b), from simply annexing the area
again under the subsection (a) provisions without the consent of the area’s residents,
voters, or landowners. In answer to your question, so long as the conditions for
annexation set out in subsection (a) are met, we tind nothing in section 43.033 or
elsewhere that legally restricts the city from reannexing the area. The fact that the area
had already been annexed under those provisions and subsequently disannexed under
subsection (b) does not, in our opinion, in itself limit the city’s authority to annex the area
again under subsection (a).
We note that the legislature, in other contexts, has expressly imposed restrictions
on a city’s reannexing an area after its disannexation. Section 43.141 of the Local
Govermnent Code specifically provides that an area d&annexed under that section because
of the city’s failure to provide services may not be reannexed within five years. We can
only conclude that had it intended to impose such restrictions in the section 43.033
context it would have specifically so indicated. We find no such restrictions. Nor do we
find any constitutional limitations as a matter of law on a city’s annexing an area under
section 43.033 that had already been annexed and then disannexed under that section.2
‘The provisionsof section 43.033 were first added in 1991. AU of May 26,1991.12d Leg., RS.,
ch 904, 1991 Tex Gen. Laws 3239. Subsection (a)(3) was amended in 1993 to read “water or sewer
saviee” instead of =watex and - service.” Act of May 3, 1993,73d Leg., RS., ch 208, 1993 Tex.
Gen laws 395.
The bill analysis to UK bill adding section 43.033 indicates that the “procedural roles presxkd
by this chapter” which must, under subsection (a)(Z), be met in section 43.033 aMexations, arc those set
out in subchapter C of chapter 43, and include notice and hearing requkmentq Local Gov’t code
$5 43.052 (rcquirements for preparation of service plan for provision of sexvices to annexed area), .055
(--Of annexation each year), .056 (limitations on area annexed each year). House Comm.
on Urban Affairs Bill Analysis, HB. 985.72d Leg., RS. l(l991).
2We.note, however, that each annexation and diwmexation would, as a change affecting voting,
appear to also require prcdearance from the United States Justice Departrmt mder the Voting Flights
Act, 42 U.S.C 5 1973~
p. 2028
The Honorable Harvey Hilderbran - Page 3 (DM-3 7 3)
SUMMARY
The fact that an area adjacent to a city has already been annexed
and then, pursuant to landowner or voter petition, disannexed under
the provisions of Local Government Code section 43.033, does not
in itself limit the city’s authority to annex the area again under that
section. The city may reannex the area so long as the conditions for
annexation set out in the section are met.
DAN MORALES
Attorney General of Texas
JORGE VEGA
First Assistant Attorney General
SARAH J. SHUUEY
Chair, Opinion Committee
Prepared by William Walker
Assistant Attorney General
P- 2029