By: Galloway, Lindsay S.B. No. 313
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disannexation of certain areas annexed on or after
1-2 December 1, 1996, by 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 CERTAIN AREAS. (a) This
1-7 section applies only to a tract of contiguous territory:
1-8 (1) that is annexed on or after December 1, 1996, by a
1-9 municipality with a population of more than 1.5 million; and
1-10 (2) in which an election approving the annexation has
1-11 not been held.
1-12 (b) The county in which the tract is located shall hold an
1-13 election on disannexation of the tract from the municipality if the
1-14 county clerk receives a petition asking for an election signed by
1-15 at least 10 percent of the registered voters who reside in the
1-16 tract. The county clerk shall determine the validity of the
1-17 petition under Chapter 277, Election Code, not later than the 30th
1-18 day after the date the petition is received. A petition to hold an
1-19 election under this section may not be submitted after the second
1-20 anniversary of the date of the annexation of the tract.
1-21 (c) If the county clerk determines that a petition filed
1-22 under Subsection (b) is valid or if the county clerk fails to make
1-23 a determination within the time prescribed by that subsection, the
2-1 county judge shall order the election to be held on the first
2-2 uniform election date that occurs at least 45 days after the
2-3 earlier of the date:
2-4 (1) the county clerk determines the petition is valid;
2-5 or
2-6 (2) the time for making a determination under
2-7 Subsection (b) expires.
2-8 (d) Only a registered voter residing in the tract may vote
2-9 in the election. The municipality that annexed the tract shall pay
2-10 for the cost of holding the election.
2-11 (e) At the election the ballots shall be prepared to permit
2-12 voting for or against the following proposition: "The
2-13 disannexation of (name of tract) from the City of (name of city)
2-14 and the reestablishment of any municipal utility district or other
2-15 special districts serving (name of tract)." The county shall
2-16 designate the name of the tract based on a name commonly used in
2-17 the region to identify the tract.
2-18 (f) If a majority of the votes cast at the election favor
2-19 the proposition, the tract is disannexed from the municipality and
2-20 any municipal utility district or other special district that
2-21 served the tract on the date the tract was annexed and that was
2-22 abolished as a result of the annexation is reestablished on the
2-23 date of the canvass of the election. The officers of a
2-24 reestablished district who were serving on the date the tract was
2-25 annexed are the officers of the reestablished district. If an
3-1 officer's term has expired, the officer shall serve until the
3-2 officer's successor is qualified, and a successor shall be elected
3-3 or appointed in a timely manner in accordance with the law
3-4 governing the district.
3-5 (g) If less than a majority of the votes cast at the
3-6 election favor the proposition, the tract remains a part of the
3-7 municipality and another election to disannex the tract may not be
3-8 held under this section.
3-9 (h) The municipality may not reannex any portion of a tract
3-10 that is disannexed under this section unless the reannexation is
3-11 approved at an election conducted by the municipality in the area
3-12 to be annexed. The reannexation may not occur unless a majority of
3-13 the votes cast in the area approve the reannexation.
3-14 (i) Not later than the 10th day after the date a
3-15 disannexation occurs under this section, an arbitration panel shall
3-16 be appointed. The panel is composed of:
3-17 (1) one person chosen by the municipality;
3-18 (2) one person chosen by the affirmative vote of a
3-19 representative of each municipal utility or other special district
3-20 serving the disannexed tract; and
3-21 (3) one person chosen jointly by the persons chosen
3-22 under Subdivisions (1) and (2), or if an agreement cannot be
3-23 reached on a choice, one person appointed by the county judge of
3-24 the county in which the tract is located.
3-25 (j) The arbitration panel shall conduct an accounting of all
4-1 expenses the municipality and each municipal utility district and
4-2 other special district incurred during the annexation and
4-3 disannexation process, including an accounting of the assets and
4-4 obligations of the special districts at the time of the annexation
4-5 and the capital expenditures of the municipality on behalf of the
4-6 disannexed tract during the time the tract was a part of the
4-7 municipality. Not later than the 120th day after the date of
4-8 disannexation, the arbitration panel shall render a decision on
4-9 whether the municipality or special districts are entitled to
4-10 compensation from the other.
4-11 (k) A decision of the arbitration panel is reviewable in the
4-12 district court of the county under the substantial evidence rule.
4-13 If the arbitrators are unable to reach a majority decision, the
4-14 municipality or an affected district may file an original action
4-15 for an accounting under Subsection (j) in the district court of the
4-16 county in which the tract is located.
4-17 (l) Except as provided by this section, Chapter 171, Civil
4-18 Practice and Remedies Code, applies to an arbitration under this
4-19 section.
4-20 (m) In this section, a tract of land is considered to be
4-21 located in the county in which a majority of the area of the tract
4-22 is located.
4-23 (n) If the tract is located in more than one county:
4-24 (1) the county clerk of the county in which a majority
4-25 of the area of the tract is located shall conduct the verification
5-1 procedure described by Subsection (b); and
5-2 (2) the county judge of each county in which the tract
5-3 is located shall, under Subsection (c), call an election to be held
5-4 in the part of the tract that is located in the county in which the
5-5 county judge serves.
5-6 (o) If an election is called under Subsection (n)(2) in more
5-7 than one county, the county judge of the county in which a majority
5-8 of the area of the tract is located shall, after the election
5-9 returns are canvassed in each county, combine the election returns
5-10 to determine if the disannexation is approved in the tract as a
5-11 whole.
5-12 SECTION 2. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended,
5-17 and that this Act take effect and be in force from and after its
5-18 passage, and it is so enacted.