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 1-24 county judge shall order the election to be held on the first 2-1 uniform election date that occurs at least 45 days after the 2-2 earlier of the date: 2-3 (1) the county clerk determines the petition is valid; 2-4 or 2-5 (2) the time for making a determination under 2-6 Subsection (b) expires. 2-7 (d) Only a registered voter residing in the tract may vote 2-8 in the election. The municipality that annexed the tract shall pay 2-9 for the cost of holding the election. 2-10 (e) At the election the ballots shall be prepared to permit 2-11 voting for or against the following proposition: "The 2-12 disannexation of (name of tract) from the City of (name of city) 2-13 and the reestablishment of any municipal utility district or other 2-14 special districts serving (name of tract)." The county shall 2-15 designate the name of the tract based on a name commonly used in 2-16 the region to identify the tract. 2-17 (f) If a majority of the votes cast at the election favor 2-18 the proposition, the tract is disannexed from the municipality and 2-19 any municipal utility district or other special district that 2-20 served the tract on the date the tract was annexed and that was 2-21 abolished as a result of the annexation is reestablished on the 2-22 date of the canvass of the election. The officers of a 2-23 reestablished district who were serving on the date the tract was 2-24 annexed are the officers of the reestablished district. If an 2-25 officer's term has expired, the officer shall serve until the 2-26 officer's successor is qualified, and a successor shall be elected 2-27 or appointed in a timely manner in accordance with the law 3-1 governing the district. 3-2 (g) If less than a majority of the votes cast at the 3-3 election favor the proposition, the tract remains a part of the 3-4 municipality and another election to disannex the tract may not be 3-5 held under this section. 3-6 (h) The municipality may not reannex any portion of a tract 3-7 that is disannexed under this section unless the reannexation is 3-8 approved at an election conducted by the municipality in the area 3-9 to be annexed. The reannexation may not occur unless a majority of 3-10 the votes cast in the area approve the reannexation. 3-11 (i) Not later than the 10th day after the date a 3-12 disannexation occurs under this section, an arbitration panel shall 3-13 be appointed. The panel is composed of: 3-14 (1) one person chosen by the municipality; 3-15 (2) one person chosen by the affirmative vote of a 3-16 representative of each municipal utility or other special district 3-17 serving the disannexed tract; and 3-18 (3) one person chosen jointly by the persons chosen 3-19 under Subdivisions (1) and (2), or if an agreement cannot be 3-20 reached on a choice, one person appointed by the county judge of 3-21 the county in which the tract is located. 3-22 (j) The arbitration panel shall conduct an accounting of all 3-23 expenses the municipality and each municipal utility district and 3-24 other special district incurred during the annexation and 3-25 disannexation process, including an accounting of the assets and 3-26 obligations of the special districts at the time of the annexation 3-27 and the capital expenditures of the municipality on behalf of the 4-1 disannexed tract during the time the tract was a part of the 4-2 municipality. Not later than the 120th day after the date of 4-3 disannexation, the arbitration panel shall render a decision on 4-4 whether the municipality or special districts are entitled to 4-5 compensation from the other. 4-6 (k) A decision of the arbitration panel is reviewable in the 4-7 district court of the county under the substantial evidence rule. 4-8 If the arbitrators are unable to reach a majority decision, the 4-9 municipality or an affected district may file an original action 4-10 for an accounting under Subsection (j) in the district court of the 4-11 county in which the tract is located. 4-12 (l) Except as provided by this section, Chapter 171, Civil 4-13 Practice and Remedies Code, applies to an arbitration under this 4-14 section. 4-15 (m) In this section, a tract of land is considered to be 4-16 located in the county in which a majority of the area of the tract 4-17 is located. 4-18 (n) If the tract is located in more than one county: 4-19 (1) the county clerk of the county in which a majority 4-20 of the area of the tract is located shall conduct the verification 4-21 procedure described by Subsection (b); and 4-22 (2) the county judge of each county in which the tract 4-23 is located shall, under Subsection (c), call an election to be held 4-24 in the part of the tract that is located in the county in which the 4-25 county judge serves. 4-26 (o) If an election is called under Subsection (n)(2) in more 4-27 than one county, the county judge of the county in which a majority 5-1 of the area of the tract is located shall, after the election 5-2 returns are canvassed in each county, combine the election returns 5-3 to determine if the disannexation is approved in the tract as a 5-4 whole. 5-5 SECTION 2. The importance of this legislation and the 5-6 crowded condition of the calendars in both houses create an 5-7 emergency and an imperative public necessity that the 5-8 constitutional rule requiring bills to be read on three several 5-9 days in each house be suspended, and this rule is hereby suspended, 5-10 and that this Act take effect and be in force from and after its 5-11 passage, and it is so enacted.