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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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BettencourtX |
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SpringerX |
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EckhardtX |
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GutierrezX |
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HallX |
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NicholsX |
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ParkerX |
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PaxtonX |
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WestX |
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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 certain areas annexed |
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during a 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: |
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(1) for which an annexation was: |
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(A) initiated by a municipality with a population |
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of 500,000 or more; and |
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(B) finalized for full purposes between March 3, |
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2015, and December 1, 2017; and |
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(2) that had a population of greater than zero on the |
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date the area was annexed. |
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(b) This section does not apply to a municipality: |
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(1) whose extraterritorial jurisdiction is adjacent |
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to or includes all or part of a federal military installation in |
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active use as of May 1, 2023; or |
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(2) in which all or part of a federal military |
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installation in active use as of May 1, 2023, is located. |
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(c) A municipality shall hold an election in an area |
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described by Subsection (a) on the question of disannexing the area |
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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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(d) 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 (c). |
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(e) 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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(f) 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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(g) 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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(h) Section 43.148 does not apply to an area disannexed |
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under this section. |
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SECTION 2. A municipality required to hold an election |
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under Section 43.1463(c), Local Government Code, as added by this |
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Act, shall hold the election on the first uniform election date |
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after the effective date of this Act that allows sufficient time to |
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comply with any requirements of law. |
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SECTION 3. 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. |
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* * * * * |