By Turner of Harris                             H.B. No. 1926

      75R7998 MRB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disannexation of areas from certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter G, Chapter 43, Local Government Code,

 1-5     is amended by adding Section 43.148 to read as follows:

 1-6           Sec. 43.148.  DISANNEXATION OF AREA BY POPULOUS MUNICIPALITY.

 1-7     (a)  This section applies only to a disannexation:

 1-8                 (1)  by a municipality with a population of more than

 1-9     1.6 million; and

1-10                 (2)  of an area that was added to the municipality by

1-11     annexation and that is located in the county in which a majority of

1-12     the land in the municipality is located.

1-13           (b)  The governing body of the municipality may adopt an

1-14     ordinance disannexing an area from the municipality if the

1-15     governing body adopts the ordinance:

1-16                 (1)  on or before the second anniversary of the

1-17     effective date of the area's annexation by the municipality; and

1-18                 (2)  by a vote of at least two-thirds of the members of

1-19     the governing body.

1-20           (c)  The governing body shall adopt an ordinance disannexing

1-21     an area from the municipality if a majority of the votes received

1-22     at an election ordered under Subsection (d) approve the

1-23     disannexation.  The governing body shall adopt the ordinance within

1-24     30 days after the date the official canvass of the election returns

 2-1     are made public.  The disannexation takes effect:

 2-2                 (1)  on the date the ordinance is adopted; or

 2-3                 (2)  if the governing body fails to adopt the

 2-4     ordinance, on the 31st day after the date the election returns are

 2-5     made public.

 2-6           (d)  The governing body of the municipality shall order an

 2-7     election in the municipality on the question of disannexing an area

 2-8     if a petition requesting the election is received by the governing

 2-9     body on or before the second anniversary of the effective date of

2-10     the area's annexation by the municipality.  The governing body

2-11     shall order the election for the next uniform election date that

2-12     occurs on or after the 45th day after the date the petition is

2-13     determined to be valid.

2-14           (e)  The petition must contain the signatures of a number of

2-15     registered voters of the municipality equal to at least 20 percent

2-16     of the number of votes cast for mayor in the municipality in the

2-17     most recent election for that office and must describe the area

2-18     that is the subject of the election in a manner sufficient to

2-19     clearly identify the area.  Within 30 days after the date the

2-20     governing body receives the petition, the governing body shall

2-21     determine whether the petition is valid.  If the governing body

2-22     fails to make that determination within the permitted time, the

2-23     petition is considered to be valid on the 31st day after the date

2-24     the governing body receives it.

2-25           (f)  The disannexation of an area under this section does not

2-26     release the area from the payment of its pro rata share of the

2-27     municipality's indebtedness that:

 3-1                 (1)  exists on the date of the disannexation; and

 3-2                 (2)  was incurred in acquiring real property in the

 3-3     area or constructing facilities in the area in connection with

 3-4     providing or preparing to provide municipal services to the area

 3-5     after the area was annexed.

 3-6           (g)  The municipality shall continue to impose an ad valorem

 3-7     tax each year in the area at a rate, which may be different from

 3-8     that imposed in the municipality, necessary for the disannexed area

 3-9     to pay its pro rata share of the indebtedness described by

3-10     Subsection (f).  The municipality shall apply the ad valorem taxes

3-11     collected from the disannexed area exclusively to the payment of

3-12     that pro rata share.  The disannexed area is not liable for the

3-13     payment of any other debt of the municipality.

3-14           SECTION 2.  Section 43.148, Local Government Code, as added

3-15     by this Act, applies only to the disannexation of an area that is

3-16     annexed by a municipality on or after the effective date of this

3-17     Act.

3-18           SECTION 3.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended,

3-23     and that this Act take effect and be in force from and after its

3-24     passage, and it is so enacted.