In Texas, a city generally cannot annex your land without consent. Under the Texas annexation rules in Chapter 43 of the Local Government Code, a municipality can only expand its boundaries with the agreement of the affected landowners or, in more populated areas, a majority vote of the residents. Three statutory methods govern how that consent must be obtained, and which one applies depends on how many people live in the area and whether every owner is on board.
How the Law Got Here
Texas cities used to be able to annex adjacent land without permission. Senate Bill 6 in 2017 introduced a two-tier system that required voter approval for annexations in more populous counties while leaving unilateral authority intact for cities in smaller counties.1Texas Legislature Online. Senate Bill 6 – 85(R) Enrolled House Bill 347 in 2019 eliminated the tier system, repealed the old unilateral authority, and made consent the default statewide.2Texas Legislature Online. House Bill 347 – 86(R)
The practical result: if you own land outside a city, that city cannot pull your property inside its limits unless you agree or a majority of your area agrees. One narrow workaround exists through strategic partnership agreements with special districts, discussed below.
The Three Annexation Methods
Which path a city must follow depends on whether every landowner agrees and how many people live in the target area.
All Owners Request Annexation
When every landowner in the proposed area asks to be annexed, there is no population threshold and no election. The city negotiates a written service agreement with the owners, notifies affected public entities and school districts, and holds a public hearing before adopting the annexation ordinance.3State of Texas. Texas Code Local Government Code 43.0672 – Provision of Services to Annexed Area
Petition for Areas Under 200 People
If the area has fewer than 200 residents and not every owner agrees, the city can proceed by petition. More than 50 percent of the registered voters in the area must sign. If those voters don’t own more than half the land, more than 50 percent of the landowners must also sign. Each signature must include the signer’s printed name, date of birth or voter registration number, residence address, and date of signing. Signatures can only be collected between 31 and 180 days after the city adopts a resolution to pursue annexation, and a signer can withdraw before the petition is filed.
Election for Areas With 200 or More People
For areas with 200 or more residents, the city must hold an election, and a majority of qualified voters must approve. If the registered voters don’t own more than 50 percent of the land, the city also needs a petition signed by more than 50 percent of the landowners. That dual-consent requirement stops a small pocket of residents from overriding the major landowners.
Services the City Must Provide
No annexation takes effect without a written commitment to deliver services, and the exact rules depend on the method used.
When all owners request annexation, the city and the landowners negotiate the service agreement under Section 43.0672. That agreement must list every service the city will provide on the effective date of annexation and set a schedule for anything that won’t be available immediately. The city is not required to provide any service left out of the agreement, so owners have a strong incentive to negotiate a thorough list before signing.3State of Texas. Texas Code Local Government Code 43.0672 – Provision of Services to Annexed Area
For petition and election annexations, the more detailed service plan rules in Section 43.056 apply. Full municipal services must be delivered within two and a half years after annexation takes effect. If certain services genuinely cannot be provided in that window, the city may propose an extended schedule, but everything must be in place within four and a half years at the outside.4State of Texas. Texas Code Local Government Code 43.056 – Provision of Services to Annexed Area
Some services cannot wait. If the city already provides police protection, fire protection, emergency medical services, solid waste collection, or maintains water and wastewater facilities within its existing boundaries, those must be available in the annexed area on day one.4State of Texas. Texas Code Local Government Code 43.056 – Provision of Services to Annexed Area The service plan must also include a program for acquiring or building whatever infrastructure the area needs, at a level comparable to what similar parts of the city already receive.
Notice and Hearing Rights
Before finalizing an annexation, the municipality must post notice of the hearings on its website and publish notice in a newspaper of general circulation in both the city and the area proposed for annexation. Home-rule cities must also publish notice in any area that would newly fall within the city’s extraterritorial jurisdiction because of the expansion.5State of Texas. Texas Code Local Government Code 43.0561 – Notice and Hearing Requirements
The timing matters. Notice must appear between the 20th and 10th day before each hearing and must stay on the city’s website until the hearing date. The city must also send certified mail to every public entity and utility provider that serves the annexation area, and to any railroad company on the city’s tax roll whose right-of-way falls within the area.5State of Texas. Texas Code Local Government Code 43.0561 – Notice and Hearing Requirements After the hearings, the council votes on the ordinance, and if it passes, the city files it with the county clerk, which updates the boundaries in county records.
ETJ Is Not Annexation
A common confusion is worth clearing up. Every Texas city has an extraterritorial jurisdiction (ETJ) covering unincorporated land adjacent to its boundaries. Under Chapter 42, the distance depends on population:6State of Texas. Local Government Code Chapter 42 – Extraterritorial Jurisdiction of Municipalities
- Under 5,000 residents: one-half mile
- 5,000 to 24,999: one mile
- 25,000 to 49,999: two miles
- 50,000 to 99,999: three and a half miles
- 100,000 or more: five miles
Living in a city’s ETJ does not make you a city resident. You don’t pay city property taxes, and you can’t vote in city elections. The city has some regulatory reach, mainly over subdivision and platting requirements and signs, but it cannot impose zoning in the ETJ. Your residential-versus-commercial use is not something the city can dictate until annexation actually happens.6State of Texas. Local Government Code Chapter 42 – Extraterritorial Jurisdiction of Municipalities
One other structural point worth knowing: annexed territory no longer has to touch existing city limits. Contiguity was a requirement under the old unilateral framework, and HB 347 repealed those rules along with the rest of it.2Texas Legislature Online. House Bill 347 – 86(R) In practice, cities still tend to annex nearby land because serving a distant island of territory is expensive, but the statute no longer forbids it.
Automatic Disannexation When Services Fall Short
This is where many annexation disputes actually resolve. Senate Bill 369, passed by the 88th Legislature, added Section 43.1415 to the Local Government Code. Any area where the city was not providing or causing the provision of full municipal services was automatically disannexed as of December 31, 2023.7Texas Legislature Online. Senate Bill 369 – 88(R) Enrolled
The provision doesn’t apply if the city is still operating within the timeline of a valid Section 43.056 service plan, or if the city and the property owner have a written agreement extending or waiving the deadline for particular services. Outside those exceptions, the disannexation happens by operation of law. If a city refuses to recognize it, any property owner in the affected area can sue to compel it, and a prevailing owner can recover attorney’s fees and court costs. The statute specifically waives the city’s governmental immunity for these claims.8Texas Legislature Online. Bill Analysis – SB 369
Before SB 369, an owner whose city collected taxes but neglected road maintenance, water infrastructure, or code enforcement had limited options. Now, that failure triggers an automatic release.
Strategic Partnership Agreements
The consent framework has one notable exception. Section 43.0751 allows a city to enter a strategic partnership agreement with a conservation and reclamation district (the type that typically governs master-planned communities and utility districts) and annex the district for “limited purposes” while the district continues to operate.9State of Texas. Texas Code Local Government Code 43.0751 – Strategic Partnership Agreement
Both the city and the district must adopt the agreement, and it must be recorded in the county deed records. Once in place, it binds all current and future landowners within the district. A city cannot annex a district for limited purposes without a strategic partnership agreement first. These agreements often cover payments from the city to the district for services, annexation of commercial property within the district, and the conditions under which full-purpose annexation would eventually occur.9State of Texas. Texas Code Local Government Code 43.0751 – Strategic Partnership Agreement
What Changes for Your Property After Annexation
Once annexation takes effect, you become a full city resident subject to city property taxes, ordinances, and regulations. Your tax bill grows by whatever the city’s rate adds, and you may face new fees for water, sewer, and solid waste service.
You do keep one important protection. A city cannot prohibit you from continuing to use your land the way you were using it before annexation.10State of Texas. Texas Code Local Government Code 43.075 – Continuation of Land Use A farming operation or home business already in place cannot be shut down by the city’s zoning ordinances. New construction or a change in use, though, is subject to whatever the city’s zoning and building codes require.