Bill Text: TX HB3455 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to municipal disannexation involving certain real estate subdivisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Land & Resource Management [HB3455 Detail]
Download: Texas-2019-HB3455-Introduced.html
| 86R5404 SCL-D | ||
| By: Toth | H.B. No. 3455 | |
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| relating to municipal disannexation involving certain real estate | ||
| subdivisions. | ||
| 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 43.1435 to read as follows: | ||
| Sec. 43.1435. DISANNEXATION BY PETITION: CERTAIN REAL | ||
| ESTATE SUBDIVISIONS. (a) This section applies only to an area that | ||
| constitutes a portion of a real estate subdivision that is: | ||
| (1) located in and contiguous to the boundary of a | ||
| municipality; | ||
| (2) under the jurisdiction of a property owners' | ||
| association that governs the entire real estate subdivision; and | ||
| (3) either: | ||
| (A) subject to a legal determination that the | ||
| municipality failed to provide or agree to provide adequate | ||
| services to the area; or | ||
| (B) adjacent to another area in the subdivision | ||
| that is subject to a legal determination described by Paragraph | ||
| (A). | ||
| (b) A majority of the registered voters of an area subject | ||
| to this section may petition the municipality to disannex the area. | ||
| The petition must be filed with the secretary or clerk of the | ||
| municipality. | ||
| (c) Not later than the 10th day after the date the secretary | ||
| or clerk receives the petition under Subsection (b), the secretary | ||
| or clerk shall determine whether the petition is valid. If the | ||
| petition is determined valid, the governing body of the | ||
| municipality shall immediately enter in the minutes or records of | ||
| the municipality an order discontinuing the area as part of the | ||
| municipality. The area ceases to be a part of the municipality on | ||
| the date of the entry of the order. | ||
| (d) 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 governing body shall continue to levy a property | ||
| tax each year on the property in the area at the same rate that is | ||
| levied 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 | ||
| levying 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. | ||
| SECTION 2. 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, 2019. | ||
