H.B. No. 3053
AN ACT
relating to the municipal disannexation of certain areas annexed
during a certain period of time.
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 43.1463 to read as follows:
Sec. 43.1463. DISANNEXATION OF AREAS ANNEXED DURING
TRANSITION FROM NONCONSENT TO CONSENT ANNEXATION MODEL. (a) This
section applies only to an area:
(1) for which an annexation was:
(A) initiated by a municipality with a population
of 500,000 or more; and
(B) finalized for full purposes between March 3,
2015, and December 1, 2017; and
(2) that had a population of greater than zero on the
date the area was annexed.
(b) This section does not apply to a municipality:
(1) whose extraterritorial jurisdiction is adjacent
to or includes all or part of a federal military installation in
active use as of May 1, 2023; or
(2) in which all or part of a federal military
installation in active use as of May 1, 2023, is located.
(c) 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.
(d) 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 (c).
(e) A municipality shall retain ownership of any
infrastructure, including a water treatment and storage facility,
transferred to the municipality from a special district as part of
the annexation of an area disannexed under this section.
(f) 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 located in or
adjacent to the area shall provide services to the area.
(g) A disannexation under this section does not authorize
the impairment of a municipal debt obligation and, to the extent
applicable, the area is not released from its pro rata share of that
indebtedness. The municipality shall continue to impose a property
tax each year on the property in the area at the same rate that is
imposed on other property in the municipality until the taxes
collected from the area equal its pro rata share of the
indebtedness. Those taxes may be charged only with the cost of
imposing and collecting the taxes, and the taxes shall be applied
exclusively to the payment of the pro rata share of the
indebtedness. This subsection does not prevent the inhabitants of
the area from paying in full at any time their pro rata share of the
indebtedness.
(h) Section 43.148 does not apply to an area disannexed
under this section.
SECTION 2. A municipality required to hold an election
under Section 43.1463(c), Local Government Code, as added by this
Act, shall hold the election on the first uniform election date
after the effective date of this Act that allows sufficient time to
comply with any requirements of law.
SECTION 3. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3053 was passed by the House on April
26, 2023, by the following vote: Yeas 95, Nays 46, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3053 was passed by the Senate on May
17, 2023, by the following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor