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A BILL TO BE ENTITLED
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AN ACT
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relating to the municipal disannexation of certain areas formerly |
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designated as a census designated place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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is amended by adding Section 43.149 to read as follows: |
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Sec. 43.149. DISANNEXATION OF CERTAIN ANNEXED AREAS |
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FORMERLY DESIGNATED AS CENSUS DESIGNATED PLACE. (a) This section |
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applies only to an annexed area that: |
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(1) contains: |
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(A) an access point to a greenbelt; and |
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(B) at least 1,200 single-family homes; |
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(2) is separated from two municipalities other than |
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the municipality in which the area is located only by a highway; and |
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(3) before annexation: |
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(A) was part of a single census designated place; |
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and |
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(B) was served by a municipal utility district |
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that owned a water treatment and storage facility. |
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(a-1) On November 2, 2021, a municipality shall hold an |
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election in an area described by Subsection (a) on the question of |
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disannexing the area from the municipality. The municipality: |
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(1) may not use public money on promotional campaigns |
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or advocacy related to the election; and |
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(2) shall ensure that the ballot proposition for the |
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election: |
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(A) describes the area to be disannexed; |
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(B) identifies the area by the commonly used name |
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of the area, if applicable; |
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(C) identifies the entities that will provide law |
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enforcement, fire, and emergency services after disannexation; |
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(D) describes the effect of disannexation on ad |
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valorem taxes and fees in the area; and |
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(E) describes the effect of disannexation on |
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special districts located in the area. |
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(b) A municipality shall disannex an area described by |
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Subsection (a), including residential and commercial property in |
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the area, if the voters approve the disannexation in the election |
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held under Subsection (a-1). |
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(c) If a water treatment and storage facility described by |
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Subsection (a)(3) was transferred to the municipality during |
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annexation, the municipality shall retain ownership of the facility |
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after disannexation under this section. |
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(d) After an area is disannexed under this section: |
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(1) a special district located in and serving the area |
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may be dissolved only if the members of the governing body of the |
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district elect to dissolve the district after the disannexation; |
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and |
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(2) an emergency services district that is adjacent to |
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the area shall provide services to the area. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |