By Lindsay S.B. No. 1148
77R7040 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disannexation of certain areas annexed on or after
1-3 December 1, 1996, by certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 43, Local Government Code,
1-6 is amended by adding Section 43.149 to read as follows:
1-7 Sec. 43.149. DISANNEXATION OF CERTAIN AREAS. (a) This
1-8 section applies only to a tract of contiguous territory:
1-9 (1) that is annexed on or after December 1, 1996, by a
1-10 municipality with a population of more than 1.5 million; and
1-11 (2) in which an election approving the annexation has
1-12 not been held.
1-13 (b) The county in which the tract is located shall hold an
1-14 election on disannexation of the tract from the municipality if the
1-15 county clerk receives a petition asking for an election signed by
1-16 at least 10 percent of the registered voters who reside in the
1-17 tract. The county clerk shall determine the validity of the
1-18 petition under Chapter 277, Election Code, not later than the 30th
1-19 day after the date the petition is received.
1-20 (c) If the county clerk determines that a petition filed
1-21 under Subsection (b) is valid or if the county clerk fails to make
1-22 a determination within the time prescribed by that subsection, the
1-23 county judge shall order the election to be held on the first
1-24 uniform election date that occurs at least 45 days after the
2-1 earlier of the date:
2-2 (1) the county clerk determines the petition is valid;
2-3 or
2-4 (2) the time for making a determination under
2-5 Subsection (b) expires.
2-6 (d) Only a registered voter residing in the tract may vote
2-7 in the election. The municipality that annexed the tract shall pay
2-8 for the cost of holding the election.
2-9 (e) At the election the ballots shall be prepared to permit
2-10 voting for or against the following proposition: "The
2-11 disannexation of (name of tract) from the City of (name of city)
2-12 and the reestablishment of any municipal utility district or other
2-13 special districts serving (name of tract)." The county shall
2-14 designate the name of the tract based on a name commonly used in
2-15 the region to identify the tract.
2-16 (f) If a majority of the votes cast at the election favor
2-17 the proposition, the tract is disannexed from the municipality and
2-18 any municipal utility district or other special district that
2-19 served the tract on the date the tract was annexed and that was
2-20 abolished as a result of the annexation is reestablished on the
2-21 date of the canvass of the election. The directors of a
2-22 reestablished district who were serving on the date the tract was
2-23 annexed are the directors of the reestablished district. If a
2-24 director's term has expired, the director shall serve until the
2-25 director's successor is qualified, and a successor shall be elected
2-26 or appointed in a timely manner in accordance with the law
2-27 governing the district. If there is a vacancy, the remaining
3-1 directors shall appoint a person to fill the vacancy. If there are
3-2 no remaining directors, the county judge shall appoint the
3-3 appropriate number of directors to serve until the time of
3-4 appointment or election of directors under the law governing the
3-5 district.
3-6 (g) If less than a majority of the votes cast at the
3-7 election favor the proposition, the tract remains a part of the
3-8 municipality and another election to disannex the tract may not be
3-9 held under this section.
3-10 (h) The municipality may not reannex any portion of a tract
3-11 that is disannexed under this section unless the reannexation is
3-12 approved at an election conducted by the municipality in the area
3-13 to be annexed. The reannexation may not occur unless a majority of
3-14 the votes cast in the area approve the reannexation.
3-15 (i) Not later than the 10th day after the date a
3-16 disannexation occurs under this section, an arbitration panel shall
3-17 be appointed. The panel is composed of:
3-18 (1) one person chosen by the municipality;
3-19 (2) one person chosen by the affirmative vote of a
3-20 representative of each municipal utility district or other special
3-21 district serving the disannexed tract; and
3-22 (3) one person chosen jointly by the persons chosen
3-23 under Subdivisions (1) and (2), or if an agreement cannot be
3-24 reached on a choice, one person appointed by the county judge of
3-25 the county in which the tract is located.
3-26 (j) The arbitration panel shall conduct an accounting of all
3-27 expenses the municipality and each municipal utility district and
4-1 other special district incurred during the annexation and
4-2 disannexation process, including an accounting of the assets and
4-3 obligations of the special districts at the time of the annexation
4-4 and the capital expenditures of the municipality on behalf of the
4-5 disannexed tract during the time the tract was a part of the
4-6 municipality. Not later than the 120th day after the date of
4-7 disannexation, the arbitration panel shall render a decision on
4-8 whether the municipality or special districts are entitled to
4-9 compensation from the other.
4-10 (k) A decision of the arbitration panel is reviewable in the
4-11 district court of the county under the substantial evidence rule.
4-12 If the arbitrators are unable to reach a majority decision, the
4-13 municipality or an affected district may file an original action
4-14 for an accounting under Subsection (j) in the district court of the
4-15 county in which the tract is located.
4-16 (l) Except as provided by this section, Chapter 171, Civil
4-17 Practice and Remedies Code, applies to an arbitration under this
4-18 section.
4-19 (m) In this section, a tract of land is considered to be
4-20 located in the county in which a majority of the area of the tract
4-21 is located.
4-22 (n) If the tract is located in more than one county:
4-23 (1) the county clerk of the county in which a majority
4-24 of the area of the tract is located shall conduct the verification
4-25 procedure described by Subsection (b); and
4-26 (2) the county judge of each county in which the tract
4-27 is located shall, under Subsection (c), call an election to be held
5-1 in the part of the tract that is located in the county in which the
5-2 county judge serves.
5-3 (o) If an election is called under Subsection (n)(2) in more
5-4 than one county, the county judge of the county in which a majority
5-5 of the area of the tract is located shall, after the election
5-6 returns are canvassed in each county, combine the election returns
5-7 to determine if the disannexation is approved in the tract as a
5-8 whole.
5-9 SECTION 2. This Act takes effect immediately if it receives
5-10 a vote of two-thirds of all the members elected to each house, as
5-11 provided by Section 39, Article III, Texas Constitution. If this
5-12 Act does not receive the vote necessary for immediate effect, this
5-13 Act takes effect September 1, 2001.