Bill Text: TX HB3053 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 3053

Bill Title: Relating to the municipal disannexation of certain areas annexed during a certain period of time.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB3053 Detail]

Download: Texas-2023-HB3053-Enrolled.html



	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