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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the municipal disannexation of certain areas formerly |
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| 8 | 7 | | designated as a census designated place. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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| 11 | 10 | | is amended by adding Section 43.149 to read as follows: |
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| 12 | 11 | | Sec. 43.149. DISANNEXATION OF CERTAIN ANNEXED AREAS |
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| 13 | 12 | | FORMERLY DESIGNATED AS CENSUS DESIGNATED PLACE. (a) This section |
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| 14 | 13 | | applies only to an annexed area that: |
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| 15 | 14 | | (1) contains: |
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| 16 | 15 | | (A) an access point to a greenbelt; and |
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| 17 | 16 | | (B) at least 1,200 single-family homes; |
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| 18 | 17 | | (2) is separated from two municipalities other than |
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| 19 | 18 | | the municipality in which the area is located only by a highway; and |
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| 20 | 19 | | (3) before annexation: |
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| 21 | 20 | | (A) was part of a single census designated place; |
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| 22 | 21 | | and |
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| 23 | 22 | | (B) was served by a municipal utility district |
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| 24 | 23 | | that owned a water treatment and storage facility. |
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| 25 | 24 | | (a-1) On November 2, 2021, a municipality shall hold an |
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| 26 | 25 | | election in an area described by Subsection (a) on the question of |
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| 27 | 26 | | disannexing the area from the municipality. The municipality: |
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| 28 | 27 | | (1) may not use public money on promotional campaigns |
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| 29 | 28 | | or advocacy related to the election; and |
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| 30 | 29 | | (2) shall ensure that the ballot proposition for the |
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| 31 | 30 | | election: |
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| 32 | 31 | | (A) describes the area to be disannexed; |
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| 33 | 32 | | (B) identifies the area by the commonly used name |
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| 34 | 33 | | of the area, if applicable; |
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| 35 | 34 | | (C) identifies the entities that will provide law |
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| 36 | 35 | | enforcement, fire, and emergency services after disannexation; |
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| 37 | 36 | | (D) describes the effect of disannexation on ad |
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| 38 | 37 | | valorem taxes and fees in the area; and |
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| 39 | 38 | | (E) describes the effect of disannexation on |
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| 40 | 39 | | special districts located in the area. |
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| 41 | 40 | | (b) A municipality shall disannex an area described by |
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| 42 | 41 | | Subsection (a), including residential and commercial property in |
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| 43 | 42 | | the area, if the voters approve the disannexation in the election |
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| 44 | 43 | | held under Subsection (a-1). |
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| 45 | 44 | | (c) If a water treatment and storage facility described by |
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| 46 | 45 | | Subsection (a)(3) was transferred to the municipality during |
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| 47 | 46 | | annexation, the municipality shall retain ownership of the facility |
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| 48 | 47 | | after disannexation under this section. |
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| 49 | 48 | | (d) After an area is disannexed under this section: |
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| 50 | 49 | | (1) a special district located in and serving the area |
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| 51 | 50 | | may be dissolved only if the members of the governing body of the |
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| 52 | 51 | | district elect to dissolve the district after the disannexation; |
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| 53 | 52 | | and |
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| 54 | 53 | | (2) an emergency services district that is adjacent to |
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| 55 | 54 | | the area shall provide services to the area. |
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| 56 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 57 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 59 | | Act takes effect September 1, 2021. |
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