Texas 2019 - 86th Regular

Texas Senate Bill SB1326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Campbell S.B. No. 1326
2		-	(Toth)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to municipal release of extraterritorial jurisdiction and
8	7		disannexation involving certain areas.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Subchapter B, Chapter 42, Local Government Code,
11	10		is amended by adding Section 42.0252 to read as follows:
12	11		Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
13	12		CERTAIN AREAS. (a) This section applies only in the
14	13		extraterritorial jurisdiction of a municipality to:
15	14		(1) an area that is subject to a legal determination
16	15		that the municipality failed to provide or agree to provide
17	16		adequate services to the area; or
18	17		(2) an area that is:
19	18		(A) adjacent to an area described by Subdivision
20	19		(1);
21	20		(B) part of a real estate subdivision that
22	21		contains all or part of an area described by Subdivision (1); and
23	22		(C) under the jurisdiction of a single property
24	23		owners' association that governs the entire real estate
25	24		subdivision.
26	25		(b) For purposes of this section, a real estate subdivision
27	26		is:
28	27		(1) the subdivision's platted area; and
29	28		(2) adjacent property owned or subject to assessment
30	29		by the property owners' association of the subdivision.
31	30		(c) A majority of the registered voters in an area described
32	31		by Subsection (a)(1) or in a portion of the area may petition the
33	32		municipality to release the area from the municipality's
34	33		extraterritorial jurisdiction.
35	34		(d) A majority of the registered voters in an area described
36	35		by Subsection (a)(2) may petition the municipality to release the
37	36		area from the municipality's extraterritorial jurisdiction if a
38	37		petition has been filed under Subsection (c) for another area
39	38		located in the same real estate subdivision.
40	39		(e) A petition described by this section must be filed with
41	40		the secretary or clerk of the municipality.
42	41		(f) Not later than the 10th day after the date the secretary
43	42		or clerk receives a petition under this section, the secretary or
44	43		clerk shall determine whether the petition is valid. If the
45	44		petition is determined valid, the governing body of the
46	45		municipality shall immediately enter in the minutes or records of
47	46		the municipality an order releasing the area from the
48	47		municipality's extraterritorial jurisdiction.
49	48		(g) After an area is released from a municipality's
50	49		extraterritorial jurisdiction under this section, the area may:
51	50		(1) remain as an unincorporated area of the county;
52	51		(2) incorporate in accordance with state law; or
53	52		(3) notwithstanding Section 43.014, be annexed by an
54	53		adjacent municipality under the procedures prescribed by
55	54		Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without
56	55		being located in the municipality's extraterritorial jurisdiction.
57	56		SECTION 2. Subchapter G, Chapter 43, Local Government Code,
58	57		is amended by adding Section 43.1435 to read as follows:
59	58		Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL
60	59		ESTATE SUBDIVISIONS. (a) This section applies only to an area
61	60		that constitutes a portion of a real estate subdivision that is:
62	61		(1) located in and contiguous to the boundary of a
63	62		municipality;
64	63		(2) under the jurisdiction of a property owners'
65	64		association that governs the entire real estate subdivision; and
66	65		(3) either:
67	66		(A) subject to a legal determination that the
68	67		municipality failed to provide or agree to provide adequate
69	68		services to the area; or
70	69		(B) adjacent to another area in the subdivision
71	70		that is subject to a legal determination described by Paragraph
72	71		(A).
73	72		(b) For purposes of this section, a real estate subdivision
74	73		is:
75	74		(1) the subdivision's platted area; and
76	75		(2) adjacent property owned or subject to assessment
77	76		by the property owners' association of the subdivision.
78	77		(c) A majority of the registered voters of an area subject
79	78		to this section may petition the municipality to disannex the area.
80	79		The petition must be filed with the secretary or clerk of the
81	80		municipality.
82	81		(d) Not later than the 10th day after the date the secretary
83	82		or clerk receives the petition under Subsection (c), the secretary
84	83		or clerk shall determine whether the petition is valid. If the
85	84		petition is determined valid, the governing body of the
86	85		municipality shall immediately enter in the minutes or records of
87	86		the municipality an order discontinuing the area as part of the
88	87		municipality. The area ceases to be a part of the municipality on
89	88		the date of the entry of the order.
90	89		(e) A disannexation under this section does not authorize
91	90		the impairment of a municipal debt obligation and, to the extent
92	91		applicable, the area is not released from its pro rata share of that
93	92		indebtedness. The governing body shall continue to levy a property
94	93		tax each year on the property in the area at the same rate that is
95	94		levied on other property in the municipality until the taxes
96	95		collected from the area equal its pro rata share of the
97	96		indebtedness. Those taxes may be charged only with the cost of
98	97		levying and collecting the taxes, and the taxes shall be applied
99	98		exclusively to the payment of the pro rata share of the
100	99		indebtedness. This subsection does not prevent the inhabitants of
101	100		the area from paying in full at any time their pro rata share of the
102	101		indebtedness.
103	102		SECTION 3. This Act takes effect immediately if it receives
104	103		a vote of two-thirds of all the members elected to each house, as
105	104		provided by Section 39, Article III, Texas Constitution. If this
106	105		Act does not receive the vote necessary for immediate effect, this
107	106		Act takes effect September 1, 2019.