Texas 2023 - 88th Regular

Texas House Bill HB1307 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22807 SCL-F
2	2	By: Toth, et al. H.B. No. 1307
3	3	Substitute the following for H.B. No. 1307:
4	4	By: Burns C.S.H.B. No. 1307
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal release of extraterritorial jurisdiction and
10	10	disannexation involving certain areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 42, Local Government Code,
13	13	is amended by adding Section 42.0252 to read as follows:
14	14	Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
15	15	CERTAIN AREAS. (a) This section applies only in the
16	16	extraterritorial jurisdiction of a municipality to:
17	17	(1) an area that is subject to a legal determination
18	18	made before January 1, 2023, that the municipality failed to
19	19	provide or agree to provide adequate services to the area; or
20	20	(2) an area that is:
21	21	(A) adjacent to an area described by Subdivision
22	22	(1);
23	23	(B) part of a real estate subdivision that
24	24	contains all or part of an area described by Subdivision (1); and
25	25	(C) under the jurisdiction of a single property
26	26	owners' association that governs the entire real estate
27	27	subdivision.
28	28	(b) For purposes of this section, a real estate subdivision
29	29	is:
30	30	(1) the subdivision's platted area; and
31	31	(2) adjacent property owned or subject to assessment
32	32	by the property owners' association of the subdivision.
33	33	(c) A majority of the registered voters in an area described
34	34	by Subsection (a)(1) or in a portion of the area may petition the
35	35	municipality to release the area from the municipality's
36	36	extraterritorial jurisdiction.
37	37	(d) A majority of the registered voters in an area described
38	38	by Subsection (a)(2) may petition the municipality to release the
39	39	area from the municipality's extraterritorial jurisdiction if a
40	40	petition has been filed under Subsection (c) for another area
41	41	located in the same real estate subdivision.
42	42	(e) A petition described by this section must be filed with
43	43	the secretary or clerk of the municipality.
44	44	(f) Not later than the 10th day after the date the secretary
45	45	or clerk receives a petition under this section, the secretary or
46	46	clerk shall determine whether the petition is valid. If the
47	47	petition is determined valid, the governing body of the
48	48	municipality shall immediately enter in the minutes or records of
49	49	the municipality an order releasing the area from the
50	50	municipality's extraterritorial jurisdiction.
51	51	(g) After an area is released from a municipality's
52	52	extraterritorial jurisdiction under this section, the area may:
53	53	(1) remain as an unincorporated area of the county;
54	54	(2) incorporate in accordance with state law; or
55	55	(3) notwithstanding Section 43.014, be annexed by an
56	56	adjacent municipality under the procedures prescribed by
57	57	Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without
58	58	being located in the municipality's extraterritorial jurisdiction.
59	59	SECTION 2. Subchapter G, Chapter 43, Local Government Code,
60	60	is amended by adding Section 43.1435 to read as follows:
61	61	Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL
62	62	ESTATE SUBDIVISIONS. (a) This section applies only to an area
63	63	that constitutes a portion of a real estate subdivision that is:
64	64	(1) located in and contiguous to the boundary of a
65	65	municipality;
66	66	(2) under the jurisdiction of a property owners'
67	67	association that governs the entire real estate subdivision; and
68	68	(3) either:
69	69	(A) subject to a legal determination that the
70	70	municipality failed to provide or agree to provide adequate
71	71	services to the area; or
72	72	(B) adjacent to another area in the subdivision
73	73	that is subject to a legal determination described by Paragraph
74	74	(A).
75	75	(b) For purposes of this section, a real estate subdivision
76	76	is:
77	77	(1) the subdivision's platted area; and
78	78	(2) adjacent property owned or subject to assessment
79	79	by the property owners' association of the subdivision.
80	80	(c) A majority of the registered voters of an area subject
81	81	to this section may petition the municipality to disannex the area.
82	82	The petition must be filed with the secretary or clerk of the
83	83	municipality.
84	84	(d) Not later than the 10th day after the date the secretary
85	85	or clerk receives the petition under Subsection (c), the secretary
86	86	or clerk shall determine whether the petition is valid. If the
87	87	petition is determined valid, the governing body of the
88	88	municipality shall immediately enter in the minutes or records of
89	89	the municipality an order discontinuing the area as part of the
90	90	municipality. The area ceases to be a part of the municipality on
91	91	the date of the entry of the order.
92	92	(e) A disannexation under this section does not authorize
93	93	the impairment of a municipal debt obligation and, to the extent
94	94	applicable, the area is not released from its pro rata share of that
95	95	indebtedness. The governing body shall continue to levy a property
96	96	tax each year on the property in the area at the same rate that is
97	97	levied on other property in the municipality until the taxes
98	98	collected from the area equal its pro rata share of the
99	99	indebtedness. Those taxes may be charged only with the cost of
100	100	levying and collecting the taxes, and the taxes shall be applied
101	101	exclusively to the payment of the pro rata share of the
102	102	indebtedness. This subsection does not prevent the inhabitants of
103	103	the area from paying in full at any time their pro rata share of the
104	104	indebtedness.
105	105	SECTION 3. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2023.