| 1 | 1 | | 86R5404 SCL-D |
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| 2 | 2 | | By: Toth H.B. No. 3455 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal disannexation involving certain real estate |
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| 8 | 8 | | subdivisions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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| 11 | 11 | | is amended by adding Section 43.1435 to read as follows: |
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| 12 | 12 | | Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL |
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| 13 | 13 | | ESTATE SUBDIVISIONS. (a) This section applies only to an area that |
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| 14 | 14 | | constitutes a portion of a real estate subdivision that is: |
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| 15 | 15 | | (1) located in and contiguous to the boundary of a |
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| 16 | 16 | | municipality; |
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| 17 | 17 | | (2) under the jurisdiction of a property owners' |
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| 18 | 18 | | association that governs the entire real estate subdivision; and |
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| 19 | 19 | | (3) either: |
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| 20 | 20 | | (A) subject to a legal determination that the |
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| 21 | 21 | | municipality failed to provide or agree to provide adequate |
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| 22 | 22 | | services to the area; or |
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| 23 | 23 | | (B) adjacent to another area in the subdivision |
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| 24 | 24 | | that is subject to a legal determination described by Paragraph |
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| 25 | 25 | | (A). |
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| 26 | 26 | | (b) A majority of the registered voters of an area subject |
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| 27 | 27 | | to this section may petition the municipality to disannex the area. |
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| 28 | 28 | | The petition must be filed with the secretary or clerk of the |
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| 29 | 29 | | municipality. |
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| 30 | 30 | | (c) Not later than the 10th day after the date the secretary |
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| 31 | 31 | | or clerk receives the petition under Subsection (b), the secretary |
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| 32 | 32 | | or clerk shall determine whether the petition is valid. If the |
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| 33 | 33 | | petition is determined valid, the governing body of the |
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| 34 | 34 | | municipality shall immediately enter in the minutes or records of |
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| 35 | 35 | | the municipality an order discontinuing the area as part of the |
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| 36 | 36 | | municipality. The area ceases to be a part of the municipality on |
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| 37 | 37 | | the date of the entry of the order. |
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| 38 | 38 | | (d) A disannexation under this section does not authorize |
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| 39 | 39 | | the impairment of a municipal debt obligation and, to the extent |
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| 40 | 40 | | applicable, the area is not released from its pro rata share of that |
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| 41 | 41 | | indebtedness. The governing body shall continue to levy a property |
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| 42 | 42 | | tax each year on the property in the area at the same rate that is |
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| 43 | 43 | | levied on other property in the municipality until the taxes |
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| 44 | 44 | | collected from the area equal its pro rata share of the |
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| 45 | 45 | | indebtedness. Those taxes may be charged only with the cost of |
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| 46 | 46 | | levying and collecting the taxes, and the taxes shall be applied |
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| 47 | 47 | | exclusively to the payment of the pro rata share of the |
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| 48 | 48 | | indebtedness. This subsection does not prevent the inhabitants of |
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| 49 | 49 | | the area from paying in full at any time their pro rata share of the |
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| 50 | 50 | | indebtedness. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2019. |
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