Texas 2023 - 88th Regular

Texas House Bill HB3053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3053
2	2
3	3
4	4	AN ACT
5	5	relating to the municipal disannexation of certain areas annexed
6	6	during a certain period of time.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter G, Chapter 43, Local Government Code,
9	9	is amended by adding Section 43.1463 to read as follows:
10	10	Sec. 43.1463. DISANNEXATION OF AREAS ANNEXED DURING
11	11	TRANSITION FROM NONCONSENT TO CONSENT ANNEXATION MODEL. (a) This
12	12	section applies only to an area:
13	13	(1) for which an annexation was:
14	14	(A) initiated by a municipality with a population
15	15	of 500,000 or more; and
16	16	(B) finalized for full purposes between March 3,
17	17	2015, and December 1, 2017; and
18	18	(2) that had a population of greater than zero on the
19	19	date the area was annexed.
20	20	(b) This section does not apply to a municipality:
21	21	(1) whose extraterritorial jurisdiction is adjacent
22	22	to or includes all or part of a federal military installation in
23	23	active use as of May 1, 2023; or
24	24	(2) in which all or part of a federal military
25	25	installation in active use as of May 1, 2023, is located.
26	26	(c) A municipality shall hold an election in an area
27	27	described by Subsection (a) on the question of disannexing the area
28	28	from the municipality. The municipality:
29	29	(1) may not use public money on promotional campaigns
30	30	or advocacy related to the election; and
31	31	(2) shall ensure that the ballot proposition for the
32	32	election:
33	33	(A) describes the area to be disannexed;
34	34	(B) identifies the area by the commonly used name
35	35	of the area, if applicable;
36	36	(C) identifies the entities that will provide law
37	37	enforcement, fire, and emergency services after disannexation;
38	38	(D) describes the effect of disannexation on ad
39	39	valorem taxes and fees in the area; and
40	40	(E) describes the effect of disannexation on
41	41	special districts located in the area.
42	42	(d) A municipality shall disannex an area described by
43	43	Subsection (a), including residential and commercial property in
44	44	the area, if the voters approve the disannexation in the election
45	45	held under Subsection (c).
46	46	(e) A municipality shall retain ownership of any
47	47	infrastructure, including a water treatment and storage facility,
48	48	transferred to the municipality from a special district as part of
49	49	the annexation of an area disannexed under this section.
50	50	(f) After an area is disannexed under this section:
51	51	(1) a special district located in and serving the area
52	52	may be dissolved only if the members of the governing body of the
53	53	district elect to dissolve the district after the disannexation;
54	54	and
55	55	(2) an emergency services district located in or
56	56	adjacent to the area shall provide services to the area.
57	57	(g) A disannexation under this section does not authorize
58	58	the impairment of a municipal debt obligation and, to the extent
59	59	applicable, the area is not released from its pro rata share of that
60	60	indebtedness. The municipality shall continue to impose a property
61	61	tax each year on the property in the area at the same rate that is
62	62	imposed on other property in the municipality until the taxes
63	63	collected from the area equal its pro rata share of the
64	64	indebtedness. Those taxes may be charged only with the cost of
65	65	imposing and collecting the taxes, and the taxes shall be applied
66	66	exclusively to the payment of the pro rata share of the
67	67	indebtedness. This subsection does not prevent the inhabitants of
68	68	the area from paying in full at any time their pro rata share of the
69	69	indebtedness.
70	70	(h) Section 43.148 does not apply to an area disannexed
71	71	under this section.
72	72	SECTION 2. A municipality required to hold an election
73	73	under Section 43.1463(c), Local Government Code, as added by this
74	74	Act, shall hold the election on the first uniform election date
75	75	after the effective date of this Act that allows sufficient time to
76	76	comply with any requirements of law.
77	77	SECTION 3. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2023.
82	82	______________________________ ______________________________
83	83	President of the Senate Speaker of the House
84	84	I certify that H.B. No. 3053 was passed by the House on April
85	85	26, 2023, by the following vote: Yeas 95, Nays 46, 3 present, not
86	86	voting.
87	87	______________________________
88	88	Chief Clerk of the House
89	89	I certify that H.B. No. 3053 was passed by the Senate on May
90	90	17, 2023, by the following vote: Yeas 19, Nays 12.
91	91	______________________________
92	92	Secretary of the Senate
93	93	APPROVED: _____________________
94	94	Date
95	95	_____________________
96	96	Governor