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A BILL TO BE ENTITLED
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AN ACT
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relating to annexation by a municipality of area designated as a |
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public improvement district by a county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 43, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO [SPECIAL] |
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DISTRICTS |
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SECTION 2. Subchapter D, Chapter 43, Local Government Code, |
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is amended by adding Section 43.082 to read as follows: |
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Sec. 43.082. CONDITIONS FOR ANNEXATION OF COUNTY PUBLIC |
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IMPROVEMENT DISTRICT. (a) A municipality may not annex a part of a |
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public improvement district established by a county under |
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Subchapter A, Chapter 372, unless the municipality annexes the |
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entire area of the district. Before annexing the entire area of the |
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district, the municipality must pay all unpaid debt incurred under |
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Subchapter A, Chapter 372, by the county for the district. |
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(b) After payment of the debt and completion of the |
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annexation, the county shall provide the municipality any remaining |
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assets allocated to the district, including: |
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(1) amounts in a special improvement district fund |
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under Section 372.021; |
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(2) amounts in a separate special improvement district |
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fund under Section 372.022; |
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(3) assessments for the district, including the rights |
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to any unpaid assessments; and |
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(4) proceeds of bonds issued on behalf of the |
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district. |
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(c) On the first day of the year following completion of the |
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annexation, the district is dissolved. Section 372.011 does not |
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apply to a district dissolved under this section. |
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(d) This section does not grant a municipality the authority |
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to annex any area that is not located in the municipality's |
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extraterritorial jurisdiction. |
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SECTION 3. Section 43.082, Local Government Code, as added |
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by this Act, applies only to the annexation of an area for which all |
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parts of the statutory annexation process are begun on or after the |
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effective date of this Act. The annexation of an area for which any |
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part of the statutory annexation process was begun before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |