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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal release of extraterritorial jurisdiction and |
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disannexation involving certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0252 to read as follows: |
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Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION: |
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CERTAIN AREAS. (a) This section applies only in the |
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extraterritorial jurisdiction of a municipality to: |
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(1) an area that is subject to a legal determination |
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that the municipality failed to provide or agree to provide |
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adequate services to the area; or |
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(2) an area that is: |
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(A) adjacent to an area described by Subdivision |
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(1); |
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(B) part of a real estate subdivision that |
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contains all or part of an area described by Subdivision (1); and |
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(C) under the jurisdiction of a single property |
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owners' association that governs the entire real estate |
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subdivision. |
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(b) For purposes of this section, a real estate subdivision |
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is: |
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(1) the subdivision's platted area; and |
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(2) adjacent property owned or subject to assessment |
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by the property owners' association of the subdivision. |
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(c) A majority of the registered voters in an area described |
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by Subsection (a)(1) or in a portion of the area may petition the |
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municipality to release the area from the municipality's |
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extraterritorial jurisdiction. |
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(d) A majority of the registered voters in an area described |
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by Subsection (a)(2) may petition the municipality to release the |
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area from the municipality's extraterritorial jurisdiction if a |
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petition has been filed under Subsection (c) for another area |
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located in the same real estate subdivision. |
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(e) A petition described by this section must be filed with |
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the secretary or clerk of the municipality. |
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(f) Not later than the 10th day after the date the secretary |
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or clerk receives a petition under this section, the secretary or |
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clerk shall determine whether the petition is valid. If the |
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petition is determined valid, the governing body of the |
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municipality shall immediately enter in the minutes or records of |
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the municipality an order releasing the area from the |
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municipality's extraterritorial jurisdiction. |
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(g) After an area is released from a municipality's |
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extraterritorial jurisdiction under this section, the area may: |
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(1) remain as an unincorporated area of the county; |
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(2) incorporate in accordance with state law; or |
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(3) notwithstanding Section 43.014, be annexed by an |
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adjacent municipality under the procedures prescribed by |
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Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without |
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being located in the municipality's extraterritorial jurisdiction. |
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SECTION 2. Subchapter G, Chapter 43, Local Government Code, |
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is amended by adding Section 43.1435 to read as follows: |
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Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL |
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ESTATE SUBDIVISIONS. (a) This section applies only to an area |
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that constitutes a portion of a real estate subdivision that is: |
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(1) located in and contiguous to the boundary of a |
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municipality; |
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(2) under the jurisdiction of a property owners' |
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association that governs the entire real estate subdivision; and |
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(3) either: |
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(A) subject to a legal determination that the |
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municipality failed to provide or agree to provide adequate |
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services to the area; or |
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(B) adjacent to another area in the subdivision |
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that is subject to a legal determination described by Paragraph |
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(A). |
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(b) For purposes of this section, a real estate subdivision |
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is: |
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(1) the subdivision's platted area; and |
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(2) adjacent property owned or subject to assessment |
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by the property owners' association of the subdivision. |
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(c) A majority of the registered voters of an area subject |
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to this section may petition the municipality to disannex the area. |
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The petition must be filed with the secretary or clerk of the |
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municipality. |
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(d) Not later than the 10th day after the date the secretary |
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or clerk receives the petition under Subsection (c), the secretary |
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or clerk shall determine whether the petition is valid. If the |
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petition is determined valid, the governing body of the |
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municipality shall immediately enter in the minutes or records of |
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the municipality an order discontinuing the area as part of the |
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municipality. The area ceases to be a part of the municipality on |
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the date of the entry of the order. |
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(e) 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 governing body shall continue to levy 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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levied 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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levying 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 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. |