75R11843 DRH-F                           

         By Hilderbran                                         H.B. No. 3240

         Substitute the following for H.B. No. 3240:

         By Turner of Coleman                              C.S.H.B. No. 3240

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disannexation of an area by a general-law

 1-3     municipality.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 43.033, Local Government Code, is amended

 1-6     by amending Subsection (b) and by adding Subsections (c)-(e) to

 1-7     read as follows:

 1-8           (b)  If, after one year but before three years from the

 1-9     passage of an ordinance annexing an area under this section, a

1-10     majority of the landowners or registered voters in the area vote by

1-11     petition submitted to the municipality for disannexation, the

1-12     municipality shall immediately disannex the area.  Except as

1-13     provided by Subsection (e), if [If] the municipality disannexes the

1-14     area under this subsection, the municipality may discontinue

1-15     providing the area with water and sewer service.

1-16           (c)  An area disannexed under Subsection (b), or any part of

1-17     that area, may not be reannexed by the municipality before the

1-18     fifth anniversary of the disannexation.

1-19           (d)  A municipality may not collect any ad valorem taxes from

1-20     any part of an area disannexed under Subsection (b) for the tax

1-21     year in which the municipality disannexes the area.

1-22           (e)  A municipality may not discontinue water or sewer

1-23     service to an island that is disannexed under Subsection (b) if:

1-24                 (1)  the municipality provided water or sewer service

 2-1     to the island for more than 10 years before the date of annexation;

 2-2                 (2)  the municipality did not install the water and

 2-3     sewer pipes to and on the island; and

 2-4                 (3)  the municipality annexed the island after the

 2-5     installation of water and sewer pipes by owners of the property on

 2-6     the island.

 2-7           SECTION 2.  This Act applies only to a disannexation under

 2-8     Section 43.033(b), Local Government Code, that occurs on or after

 2-9     the effective date of this Act.

2-10           SECTION 3.  This Act takes effect September 1, 1997.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.