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<br />ORGANIZATION OF MUNICIPAL GOVERNMENT
<br />
<br />§ 43.14.
<br />
<br />and publication must be made by attaching to the
<br />petition presented to the secretary:
<br />
<br />(1) the sworn affidavit of any voter who signed
<br />the petition, stating the places and dates of the
<br />posting; and
<br />
<br />(2) the sworn affidavit of the publisher of the
<br />newspaper in which the notice was published, stat-
<br />ing the name of the newspaper and the issue and
<br />date of publication.
<br />
<br />Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. Amend-
<br />ed by Acts 1999, 76th Leg., ch. 1167, § 14, err. Sept. 1, 1999.
<br />Section 17(d) and (e) of Acts 1999, 76th Leg., ch. 1167 provides:
<br />"(d) The changes in law made by this Act in Sections 43.002, 43.054,
<br />43.0545, 43.0546, 43.056(b), (c), (e), (t), (g), (l), (m), (n), and (0),
<br />43.0565, 43.0712, 43.0751, 43.121(a), 43.141(c), 43.148, 43.905, and
<br />43.906, Local Government Code, as added or amended by this Act,
<br />apply to the annexation of an area that is not included in the
<br />municipality's annexation plan during the period beginning December
<br />31, 1999, and ending December 31, 2002, if the fIrst public hearing
<br />required as part of the annexation procedure is conducted on or after
<br />September 1, 1999.
<br />"(e) The changes in law made by this Act in Sections 43.002, 43.054,
<br />43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0),
<br />43.0565, 43.0712, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local
<br />Government Code, as added or amended by this Act, apply to the
<br />annexation of an area that is not required to be included in a
<br />municipal annexation plan under Section 43.052, Local Government
<br />Code, as amended by this Act, if the first hearing notice required by
<br />Section 43.063, Local Government Code, as added by this Act, is
<br />published on or after September 1, 1999."
<br />
<br />§ 43.142. Disannexation According to Municipal
<br />Charter in Home-Rule Municipality
<br />
<br />A home-rule municipality may disannex an area in
<br />the municipality according to rules as may be provided
<br />by the charter of the municipality and not inconsistent
<br />with the procedural rules prescribed by this chapter.
<br />Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
<br />
<br />§ 43.143. Disannexation by Petition and Election
<br />in General-Law Municipality
<br />
<br />(a) When at least 50 qualified voters of an area
<br />located in a general-law municipality sign and present
<br />a petition to the mayor of the municipality that de-
<br />scribes the area by metes and bounds and requests
<br />that the area be declared no longer part of the munici-
<br />pality, the mayor shall order an election on the ques-
<br />tion in the municipality. The election shall be held on
<br />the first uniform election date prescribed by Chapter
<br />41, Election Code, that occurs after the date on which
<br />the petition is filed and that affords enough time to
<br />hold the election in the manner required by law.
<br />
<br />(b) When a majority of the votes received in the
<br />election favor discontinuing the area as part of the
<br />municipality, the mayor shall declare that the area is
<br />
<br />no longer a part of the municipality and shall enter a:
<br />order to that effect in the minutes or records of th
<br />governing body of the municipality. The area cease
<br />to be a part of the municipality on the date of tht
<br />order. However, the area may not be discontinued a.
<br />part of the municipality if the discontinuation woule
<br />result in the municipality having less area than onE
<br />square mile or one mile in diameter around the centel
<br />of the original municipal boundaries.
<br />
<br />(c) If the area \vithdraws from a municipality aE
<br />provided by this section and if, at the time of thE
<br />withdrawal, the municipality owes any debts, by bond
<br />or othen.vise, the area is not released from its pro raid
<br />share of that indebtedness. The governing body shall
<br />continue to levy a property tax each year on the
<br />property in the area at the same rate that is levied on
<br />other property in the municipality until the taxes
<br />collected from the area equal its pro rata share of the
<br />indebtedness. Those taxes may be charged only \vith
<br />the cost of levying and collecting the taxes, and the
<br />taxes shall be applied exclusively to the payment of
<br />the pro rata share of the indebtedness. This subsec-
<br />tion does not prevent the inhabitants of the area from
<br />paying in full at any time their pro rata share of the
<br />indebtedness.
<br />
<br />Acts 1987, 70th Leg., ch. 149, § 1, eft'. Sept. 1, 1987.
<br />
<br />§ 43.144. Disannexation of Sparsely Populated
<br />Area in General-Law l\'lunicipality
<br />
<br />(a) The mayor and governing body of a general-law
<br />municipality by ordinance may discontinue an area as
<br />a part of the municipality if:
<br />
<br />(1) the area consists of at least 10 acres contigu-
<br />ous to the municipality; and
<br />
<br />(2) the area:
<br />
<br />(A) is uninhabited; or
<br />
<br />(B) contains fewer than one occupied residence
<br />or business structure for every two acres and fewer
<br />than three occupied residences or business struc-
<br />tures on anyone acre.
<br />
<br />(b) On adoption of the ordinance, the mayor shall
<br />enter in the minutes or records of the governing body
<br />an order discontinuing the area. The area ceases to
<br />be a part of the municipality on the date of the entry
<br />of the order.
<br />
<br />Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
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