Texas 2019 - 86th Regular

Texas House Bill HB3454 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19837~~ SCL-D
	1	+	86R5402 SCL-D
2	2		By: Toth H.B. No. 3454
3		-	Substitute the following for H.B. No. 3454:
4		-	By: Biedermann C.S.H.B. No. 3454
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to ~~municipal~~ release of extraterritorial jurisdiction ~~and~~
10		-	~~disannexation~~ involving certain areas.
	7	+	relating to the release of extraterritorial jurisdiction by a
	8	+	municipality involving certain areas.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter B, Chapter 42, Local Government Code,
13	11		is amended by adding Section 42.0252 to read as follows:
14	12		Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
15	13		CERTAIN AREAS. (a) This section applies only in the
16	14		extraterritorial jurisdiction of a municipality to:
17	15		(1) an area that is subject to a legal determination
18	16		that the municipality failed to provide or agree to provide
19	17		adequate services to the area; or
20	18		(2) an area that is:
21	19		(A) adjacent to an area described by Subdivision
22	20		(1);
23	21		(B) part of a real estate subdivision that
24	22		contains all or part of an area described by Subdivision (1); and
25	23		(C) under the jurisdiction of a single property
26	24		owners' association that governs the entire real estate
27	25		subdivision.
28		-	(b) For purposes of this section, a real estate subdivision
29		-	is:
30		-	(1) the subdivision's platted area; and
31		-	(2) adjacent property owned or subject to assessment
32		-	by the property owners' association of the subdivision.
33		-	(c) A majority of the registered voters in an area described
	26	+	(b) A majority of the registered voters in an area described
34	27		by Subsection (a)(1) or in a portion of the area may petition the
35	28		municipality to release the area from the municipality's
36	29		extraterritorial jurisdiction.
37		-	(d) A majority of the registered voters in an area described
	30	+	(c) A majority of the registered voters in an area described
38	31		by Subsection (a)(2) may petition the municipality to release the
39	32		area from the municipality's extraterritorial jurisdiction if a
40		-	petition has been filed under Subsection (c) for another area
	33	+	petition has been filed under Subsection (b) for another area
41	34		located in the same real estate subdivision.
42		-	(e) A petition described by this section must be filed with
	35	+	(d) A petition described by this section must be filed with
43	36		the secretary or clerk of the municipality.
44		-	(f) Not later than the 10th day after the date the secretary
	37	+	(e) Not later than the 10th day after the date the secretary
45	38		or clerk receives a petition under this section, the secretary or
46	39		clerk shall determine whether the petition is valid. If the
47	40		petition is determined valid, the governing body of the
48	41		municipality shall immediately enter in the minutes or records of
49	42		the municipality an order releasing the area from the
50	43		municipality's extraterritorial jurisdiction.
51		-	(g) After an area is released from a municipality's
52		-	extraterritorial jurisdiction under this section, the area may:
53		-	(1) remain as an unincorporated area of the county;
54		-	(2) incorporate in accordance with state law; or
55		-	(3) notwithstanding Section 43.014, be annexed by an
56		-	adjacent municipality under the procedures prescribed by
57		-	Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without
58		-	being located in the municipality's extraterritorial jurisdiction.
59		-	SECTION 2. Subchapter G, Chapter 43, Local Government Code,
60		-	is amended by adding Section 43.1435 to read as follows:
61		-	Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL
62		-	ESTATE SUBDIVISIONS. (a) This section applies only to an area that
63		-	constitutes a portion of a real estate subdivision that is:
64		-	(1) located in and contiguous to the boundary of a
65		-	municipality;
66		-	(2) under the jurisdiction of a property owners'
67		-	association that governs the entire real estate subdivision; and
68		-	(3) either:
69		-	(A) subject to a legal determination that the
70		-	municipality failed to provide or agree to provide adequate
71		-	services to the area; or
72		-	(B) adjacent to another area in the subdivision
73		-	that is subject to a legal determination described by Paragraph
74		-	(A).
75		-	(b) For purposes of this section, a real estate subdivision
76		-	is:
77		-	(1) the subdivision's platted area; and
78		-	(2) adjacent property owned or subject to assessment
79		-	by the property owners' association of the subdivision.
80		-	(c) A majority of the registered voters of an area subject
81		-	to this section may petition the municipality to disannex the area.
82		-	The petition must be filed with the secretary or clerk of the
83		-	municipality.
84		-	(d) Not later than the 10th day after the date the secretary
85		-	or clerk receives the petition under Subsection (c), the secretary
86		-	or clerk shall determine whether the petition is valid. If the
87		-	petition is determined valid, the governing body of the
88		-	municipality shall immediately enter in the minutes or records of
89		-	the municipality an order discontinuing the area as part of the
90		-	municipality. The area ceases to be a part of the municipality on
91		-	the date of the entry of the order.
92		-	(e) A disannexation under this section does not authorize
93		-	the impairment of a municipal debt obligation and, to the extent
94		-	applicable, the area is not released from its pro rata share of that
95		-	indebtedness. The governing body shall continue to levy a property
96		-	tax each year on the property in the area at the same rate that is
97		-	levied on other property in the municipality until the taxes
98		-	collected from the area equal its pro rata share of the
99		-	indebtedness. Those taxes may be charged only with the cost of
100		-	levying and collecting the taxes, and the taxes shall be applied
101		-	exclusively to the payment of the pro rata share of the
102		-	indebtedness. This subsection does not prevent the inhabitants of
103		-	the area from paying in full at any time their pro rata share of the
104		-	indebtedness.
105		-	SECTION 3. This Act takes effect immediately if it receives
	44	+	SECTION 2. This Act takes effect immediately if it receives
106	45		a vote of two-thirds of all the members elected to each house, as
107	46		provided by Section 39, Article III, Texas Constitution. If this
108	47		Act does not receive the vote necessary for immediate effect, this
109	48		Act takes effect September 1, 2019.