Land Use AG Opinion: Annexation by Consent? Maybe.

AG Opinion GA- 1096 

Question Posed: Whether  municipalities must  meet the population requirement in section 43.121 of the Local Government Code to annex property under section 43.129.   

Opinion Summary: “Without further guidance from the courts or the Legislature, it is not possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.12l(a) of the Local Government Code in order to annex for limited purposes by consent under the authority granted by section 43.129.”