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.