86R19837 SCL-D
By: Toth H.B. No. 3454
Substitute the following for H.B. No. 3454:
By: Biedermann C.S.H.B. No. 3454
A BILL TO BE ENTITLED
AN ACT
relating to municipal release of extraterritorial jurisdiction and
disannexation involving certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Local Government Code,
is amended by adding Section 42.0252 to read as follows:
Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
CERTAIN AREAS. (a) This section applies only in the
extraterritorial jurisdiction of a municipality to:
(1) an area that is subject to a legal determination
that the municipality failed to provide or agree to provide
adequate services to the area; or
(2) an area that is:
(A) adjacent to an area described by Subdivision
(1);
(B) part of a real estate subdivision that
contains all or part of an area described by Subdivision (1); and
(C) under the jurisdiction of a single property
owners' association that governs the entire real estate
subdivision.
(b) For purposes of this section, a real estate subdivision
is:
(1) the subdivision's platted area; and
(2) adjacent property owned or subject to assessment
by the property owners' association of the subdivision.
(c) A majority of the registered voters in an area described
by Subsection (a)(1) or in a portion of the area may petition the
municipality to release the area from the municipality's
extraterritorial jurisdiction.
(d) A majority of the registered voters in an area described
by Subsection (a)(2) may petition the municipality to release the
area from the municipality's extraterritorial jurisdiction if a
petition has been filed under Subsection (c) for another area
located in the same real estate subdivision.
(e) A petition described by this section must be filed with
the secretary or clerk of the municipality.
(f) Not later than the 10th day after the date the secretary
or clerk receives a petition under this section, the secretary or
clerk shall determine whether the petition is valid. If the
petition is determined valid, the governing body of the
municipality shall immediately enter in the minutes or records of
the municipality an order releasing the area from the
municipality's extraterritorial jurisdiction.
(g) After an area is released from a municipality's
extraterritorial jurisdiction under this section, the area may:
(1) remain as an unincorporated area of the county;
(2) incorporate in accordance with state law; or
(3) notwithstanding Section 43.014, be annexed by an
adjacent municipality under the procedures prescribed by
Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without
being located in the municipality's extraterritorial jurisdiction.
SECTION 2. Subchapter G, Chapter 43, Local Government Code,
is amended by adding Section 43.1435 to read as follows:
Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL
ESTATE SUBDIVISIONS. (a) This section applies only to an area that
constitutes a portion of a real estate subdivision that is:
(1) located in and contiguous to the boundary of a
municipality;
(2) under the jurisdiction of a property owners'
association that governs the entire real estate subdivision; and
(3) either:
(A) subject to a legal determination that the
municipality failed to provide or agree to provide adequate
services to the area; or
(B) adjacent to another area in the subdivision
that is subject to a legal determination described by Paragraph
(A).
(b) For purposes of this section, a real estate subdivision
is:
(1) the subdivision's platted area; and
(2) adjacent property owned or subject to assessment
by the property owners' association of the subdivision.
(c) A majority of the registered voters of an area subject
to this section may petition the municipality to disannex the area.
The petition must be filed with the secretary or clerk of the
municipality.
(d) Not later than the 10th day after the date the secretary
or clerk receives the petition under Subsection (c), the secretary
or clerk shall determine whether the petition is valid. If the
petition is determined valid, the governing body of the
municipality shall immediately enter in the minutes or records of
the municipality an order discontinuing the area as part of the
municipality. The area ceases to be a part of the municipality on
the date of the entry of the order.
(e) A disannexation under this section does not authorize
the impairment of a municipal debt obligation and, to the extent
applicable, the area is not released from its pro rata share of that
indebtedness. The governing body shall continue to levy a property
tax each year on the property in the area at the same rate that is
levied on other property in the municipality until the taxes
collected from the area equal its pro rata share of the
indebtedness. Those taxes may be charged only with the cost of
levying and collecting the taxes, and the taxes shall be applied
exclusively to the payment of the pro rata share of the
indebtedness. This subsection does not prevent the inhabitants of
the area from paying in full at any time their pro rata share of the
indebtedness.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.