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78R6641 MI-D
By: Crabb H.B. No. 2761
A BILL TO BE ENTITLED
AN ACT
relating to the disannexation of certain areas annexed on or after
December 1, 1996, by certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 43, Local Government
Code, is amended by adding Section 43.149 to read as follows:
Sec. 43.149. DISANNEXATION OF CERTAIN AREAS. (a) This
section applies only to a tract of contiguous territory:
(1) that is annexed on or after December 1, 1996, by a
municipality with a population of more than 1.5 million; and
(2) in which an election approving the annexation has
not been held.
(b) The county in which the tract is located shall hold an
election on disannexation of the tract from the municipality if the
county clerk receives a petition asking for an election signed by at
least 10 percent of the registered voters who reside in the tract.
The county clerk shall determine the validity of the petition under
Chapter 277, Election Code, not later than the 30th day after the
date the petition is received.
(c) If the county clerk determines that a petition filed
under Subsection (b) is valid or if the county clerk fails to make a
determination within the time prescribed by that subsection, the
county judge shall order the election to be held on the first
uniform election date that occurs after the 45th day after the
earlier of:
(1) the date the county clerk determines the petition
is valid; or
(2) the time for making a determination under
Subsection (b) expires.
(d) Only a registered voter residing in the tract may vote
in the election. The municipality that annexed the tract shall pay
for the cost of holding the election.
(e) At the election the ballots shall be prepared to permit
voting for or against the following proposition: "The
disannexation of (name of tract) from the City of (name of city) and
the reestablishment of any municipal utility district or other
special districts serving (name of tract)." The county shall
designate the name of the tract based on a name commonly used in the
region to identify the tract.
(f) If a majority of the votes cast at the election favor the
proposition, the tract is disannexed from the municipality and any
municipal utility district or other special district that served
the tract on the date the tract was annexed and that was abolished
as a result of the annexation is reestablished on the date of the
canvass of the election. The directors of a reestablished district
who were serving on the date the tract was annexed are the directors
of the reestablished district. If a director's term has expired,
the director shall serve until the director's successor is
qualified, and a successor shall be elected or appointed in a timely
manner in accordance with the law governing the district. If there
is a vacancy, the remaining directors shall appoint a person to fill
the vacancy. If there are no remaining directors, the county judge
shall appoint the appropriate number of directors to serve until
the time of appointment or election of directors under the law
governing the district.
(g) If less than a majority of the votes cast at the election
favor the proposition, the tract remains a part of the municipality
and another election to disannex the tract may not be held under
this section.
(h) The municipality may not reannex any portion of a tract
that is disannexed under this section unless the reannexation is
approved at an election conducted by the municipality in the area to
be annexed. The reannexation may not occur unless a majority of the
votes cast in the area approve the reannexation.
(i) Not later than the 10th day after the date a
disannexation occurs under this section, an arbitration panel shall
be appointed. The panel is composed of:
(1) one person chosen by the municipality;
(2) one person chosen by the affirmative vote of a
representative of each municipal utility district or other special
district serving the disannexed tract; and
(3) one person chosen jointly by the persons chosen
under Subdivisions (1) and (2) or, if an agreement cannot be reached
on a choice, one person appointed by the county judge of the county
in which the tract is located.
(j) The arbitration panel shall conduct an accounting of all
expenses the municipality and each municipal utility district and
other special district incurred during the annexation and
disannexation process, including an accounting of the assets and
obligations of the special districts at the time of the annexation
and the capital expenditures of the municipality on behalf of the
disannexed tract during the time the tract was a part of the
municipality. Not later than the 120th day after the date of
disannexation, the arbitration panel shall render a decision on
whether the municipality or special districts are entitled to
compensation from the other.
(k) A decision of the arbitration panel is reviewable in the
district court of the county under the substantial evidence rule.
If the arbitrators are unable to reach a majority decision, the
municipality or an affected district may file an original action
for an accounting under Subsection (j) in the district court of the
county in which the tract is located.
(l) Except as provided by this section, Chapter 171, Civil
Practice and Remedies Code, applies to an arbitration under this
section.
(m) In this section, a tract of land is considered to be
located in the county in which a majority of the area of the tract is
located.
(n) If the tract is located in more than one county:
(1) the county clerk of the county in which a majority
of the area of the tract is located shall conduct the verification
procedure described by Subsection (b); and
(2) the county judge of each county in which the tract
is located shall call an election as provided by Subsection (c), to
be held in the part of the tract that is located in the county in
which the county judge serves.
(o) If an election is called under Subsection (n)(2) in more
than one county, the county judge of the county in which a majority
of the area of the tract is located shall, after the election
returns are canvassed in each county, combine the election returns
to determine if the disannexation is approved in the tract as a
whole.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.