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A BILL TO BE ENTITLED
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AN ACT
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relating to the municipal disannexation of areas annexed during a |
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certain period of time. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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is amended by adding Section 43.1463 to read as follows: |
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Sec. 43.1463. DISANNEXATION OF AREAS ANNEXED DURING |
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TRANSITION FROM NONCONSENT TO CONSENT ANNEXATION MODEL. (a) This |
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section applies only to an area for which annexation was finalized |
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between March 3, 2015, and May 24, 2019. |
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(b) On November 7, 2023, a municipality shall hold an |
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election in an area described by Subsection (a) on the question of |
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disannexing the area from the municipality. The municipality: |
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(1) may not use public money on promotional campaigns |
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or advocacy related to the election; and |
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(2) shall ensure that the ballot proposition for the |
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election: |
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(A) describes the area to be disannexed; |
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(B) identifies the area by the commonly used name |
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of the area, if applicable; |
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(C) identifies the entities that will provide law |
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enforcement, fire, and emergency services after disannexation; |
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(D) describes the effect of disannexation on ad |
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valorem taxes and fees in the area; and |
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(E) describes the effect of disannexation on |
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special districts located in the area. |
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(c) A municipality shall disannex an area described by |
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Subsection (a), including residential and commercial property in |
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the area, if the voters approve the disannexation in the election |
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held under Subsection (b). |
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(d) A municipality shall retain ownership of any |
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infrastructure, including a water treatment and storage facility, |
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transferred to the municipality from a special district as part of |
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the annexation of an area disannexed under this section. |
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(e) After an area is disannexed under this section: |
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(1) a special district located in and serving the area |
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may be dissolved only if the members of the governing body of the |
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district elect to dissolve the district after the disannexation; |
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and |
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(2) an emergency services district located in or |
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adjacent to the area shall provide services to the area. |
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(f) A disannexation under this section does not authorize |
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the impairment of a municipal debt obligation and, to the extent |
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applicable, the area is not released from its pro rata share of that |
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indebtedness. The municipality shall continue to impose a property |
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tax each year on the property in the area at the same rate that is |
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imposed on other property in the municipality until the taxes |
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collected from the area equal its pro rata share of the |
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indebtedness. Those taxes may be charged only with the cost of |
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imposing and collecting the taxes, and the taxes shall be applied |
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exclusively to the payment of the pro rata share of the |
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indebtedness. This subsection does not prevent the inhabitants of |
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the area from paying in full at any time their pro rata share of the |
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indebtedness. |
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SECTION 2. 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, 2023. |