\t\r\n\t\t\t\t\t","hadText":true}Sec. 43.1463.\u00A0\u00A0DISANNEXATION OF AREAS ANNEXED DURING TRANSITION FROM NONCONSENT TO CONSENT ANNEXATION MODEL. (a)\u00A0\u00A0This section applies only to an area:
(1)\u00A0\u00A0for which an annexation was:
(A)\u00A0\u00A0initiated by a municipality with a population of 500,000 or more; and
(B)\u00A0\u00A0finalized for full purposes between March 3, 2015, and December 1, 2017; and
(2)\u00A0\u00A0that had a population of greater than zero on the date the area was annexed.
(b)\u00A0\u00A0This section does not apply to a municipality:
(1)\u00A0\u00A0whose 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)\u00A0\u00A0in which all or part of a federal military installation in active use as of May 1, 2023, is located.
(c)\u00A0\u00A0A 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)\u00A0\u00A0may not use public money on promotional campaigns or advocacy related to the election; and
(2)\u00A0\u00A0shall ensure that the ballot proposition for the election:
(A)\u00A0\u00A0describes the area to be disannexed;
(B)\u00A0\u00A0identifies the area by the commonly used name of the area, if applicable;
(C)\u00A0\u00A0identifies the entities that will provide law enforcement, fire, and emergency services after disannexation;
(D)\u00A0\u00A0describes the effect of disannexation on ad valorem taxes and fees in the area; and
(E)\u00A0\u00A0describes the effect of disannexation on special districts located in the area.
(d)\u00A0\u00A0A 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)\u00A0\u00A0A 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)\u00A0\u00A0After an area is disannexed under this section:
(1)\u00A0\u00A0a 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)\u00A0\u00A0an emergency services district located in or adjacent to the area shall provide services to the area.
(g)\u00A0\u00A0A 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)\u00A0\u00A0Section 43.148 does not apply to an area disannexed under this section.
\r\nAdded by Acts 2023, 88th Leg., R.S., Ch. 521 (H.B. 3053), Sec. 1, eff. September 1, 2023.
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