Texas 2023 - 88th Regular

Texas House Bill HB4751 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R2199 SCL-F
2	2	By: Schofield H.B. No. 4751
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal release of extraterritorial jurisdiction and
8	8	disannexation involving certain areas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 42, Local Government Code,
11	11	is amended by adding Section 42.0252 to read as follows:
12	12	Sec. 42.0252. RELEASE OF EXTRATERRITORIAL JURISDICTION:
13	13	CERTAIN AREAS. (a) This section applies only in the
14	14	extraterritorial jurisdiction of a municipality to:
15	15	(1) an area that is subject to a legal determination
16	16	that the municipality failed to provide or agree to provide
17	17	adequate services to the area; or
18	18	(2) an area that is:
19	19	(A) adjacent to an area described by Subdivision
20	20	(1);
21	21	(B) part of a real estate subdivision that
22	22	contains all or part of an area described by Subdivision (1); and
23	23	(C) under the jurisdiction of a single property
24	24	owners' association that governs the entire real estate
25	25	subdivision.
26	26	(b) For purposes of this section, a real estate subdivision
27	27	is:
28	28	(1) the subdivision's platted area; and
29	29	(2) adjacent property owned or subject to assessment
30	30	by the property owners' association of the subdivision.
31	31	(c) A majority of the registered voters in an area described
32	32	by Subsection (a)(1) or in a portion of the area may petition the
33	33	municipality to release the area from the municipality's
34	34	extraterritorial jurisdiction.
35	35	(d) A majority of the registered voters in an area described
36	36	by Subsection (a)(2) may petition the municipality to release the
37	37	area from the municipality's extraterritorial jurisdiction if a
38	38	petition has been filed under Subsection (c) for another area
39	39	located in the same real estate subdivision.
40	40	(e) A petition described by this section must be filed with
41	41	the secretary or clerk of the municipality.
42	42	(f) Not later than the 10th day after the date the secretary
43	43	or clerk receives a petition under this section, the secretary or
44	44	clerk shall determine whether the petition is valid. If the
45	45	petition is determined valid, the governing body of the
46	46	municipality shall immediately enter in the minutes or records of
47	47	the municipality an order releasing the area from the
48	48	municipality's extraterritorial jurisdiction.
49	49	(g) After an area is released from a municipality's
50	50	extraterritorial jurisdiction under this section, the area may:
51	51	(1) remain as an unincorporated area of the county;
52	52	(2) incorporate in accordance with state law; or
53	53	(3) notwithstanding Section 43.014, be annexed by an
54	54	adjacent municipality under the procedures prescribed by
55	55	Subchapter C-3, C-4, or C-5, Chapter 43, as applicable, without
56	56	being located in the municipality's extraterritorial jurisdiction.
57	57	SECTION 2. Subchapter G, Chapter 43, Local Government Code,
58	58	is amended by adding Section 43.1435 to read as follows:
59	59	Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL
60	60	ESTATE SUBDIVISIONS. (a) This section applies only to an area
61	61	that constitutes a portion of a real estate subdivision that is:
62	62	(1) located in and contiguous to the boundary of a
63	63	municipality;
64	64	(2) under the jurisdiction of a property owners'
65	65	association that governs the entire real estate subdivision; and
66	66	(3) either:
67	67	(A) subject to a legal determination that the
68	68	municipality failed to provide or agree to provide adequate
69	69	services to the area; or
70	70	(B) adjacent to another area in the subdivision
71	71	that is subject to a legal determination described by Paragraph
72	72	(A).
73	73	(b) For purposes of this section, a real estate subdivision
74	74	is:
75	75	(1) the subdivision's platted area; and
76	76	(2) adjacent property owned or subject to assessment
77	77	by the property owners' association of the subdivision.
78	78	(c) A majority of the registered voters of an area subject
79	79	to this section may petition the municipality to disannex the area.
80	80	The petition must be filed with the secretary or clerk of the
81	81	municipality.
82	82	(d) Not later than the 10th day after the date the secretary
83	83	or clerk receives the petition under Subsection (c), the secretary
84	84	or clerk shall determine whether the petition is valid. If the
85	85	petition is determined valid, the governing body of the
86	86	municipality shall immediately enter in the minutes or records of
87	87	the municipality an order discontinuing the area as part of the
88	88	municipality. The area ceases to be a part of the municipality on
89	89	the date of the entry of the order.
90	90	(e) A disannexation under this section does not authorize
91	91	the impairment of a municipal debt obligation and, to the extent
92	92	applicable, the area is not released from its pro rata share of that
93	93	indebtedness. The governing body shall continue to levy a property
94	94	tax each year on the property in the area at the same rate that is
95	95	levied on other property in the municipality until the taxes
96	96	collected from the area equal its pro rata share of the
97	97	indebtedness. Those taxes may be charged only with the cost of
98	98	levying and collecting the taxes, and the taxes shall be applied
99	99	exclusively to the payment of the pro rata share of the
100	100	indebtedness. This subsection does not prevent the inhabitants of
101	101	the area from paying in full at any time their pro rata share of the
102	102	indebtedness.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2023.