By: Buckingham S.B. No. 1499
(Wilson)
A BILL TO BE ENTITLED
AN ACT
relating to the municipal disannexation of certain areas formerly
designated as a census designated place.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 43, Local Government Code,
is amended by adding Section 43.149 to read as follows:
Sec. 43.149. DISANNEXATION OF CERTAIN ANNEXED AREAS
FORMERLY DESIGNATED AS CENSUS DESIGNATED PLACE. (a) This section
applies only to an annexed area that:
(1) contains:
(A) an access point to a greenbelt; and
(B) at least 1,200 single-family homes;
(2) is separated from two municipalities other than
the municipality in which the area is located only by a highway; and
(3) before annexation:
(A) was part of a single census designated place;
and
(B) was served by a municipal utility district
that owned a water treatment and storage facility.
(a-1) On November 2, 2021, a municipality shall hold an
election in an area described by Subsection (a) on the question of
disannexing the area from the municipality. The municipality:
(1) may not use public money on promotional campaigns
or advocacy related to the election; and
(2) shall ensure that the ballot proposition for the
election:
(A) describes the area to be disannexed;
(B) identifies the area by the commonly used name
of the area, if applicable;
(C) identifies the entities that will provide law
enforcement, fire, and emergency services after disannexation;
(D) describes the effect of disannexation on ad
valorem taxes and fees in the area; and
(E) describes the effect of disannexation on
special districts located in the area.
(b) A municipality shall disannex an area described by
Subsection (a), including residential and commercial property in
the area, if the voters approve the disannexation in the election
held under Subsection (a-1).
(c) If a water treatment and storage facility described by
Subsection (a)(3) was transferred to the municipality during
annexation, the municipality shall retain ownership of the facility
after disannexation under this section.
(d) After an area is disannexed under this section:
(1) a special district located in and serving the area
may be dissolved only if the members of the governing body of the
district elect to dissolve the district after the disannexation;
and
(2) an emergency services district that is adjacent to
the area shall provide services to the area.
SECTION 2. 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, 2021.