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<br />§ 43.145
<br />
<br />LOCAL GOVERNMENT CODE
<br />
<br />§ 43.145. Disannexation of Unimproved Area or
<br />Nontaxable Area in Certain Munici-
<br />palities
<br />
<br />(a) The governing body of a municipality by ordi-
<br />nance may discontinue an area as a part of the
<br />municipality if:
<br />
<br />(1) the municipality has a population of 4,000 or
<br />more and is located in a county with a population of
<br />more than 205,000, and the area is composed of at
<br />least three contiguous acres that are unimproved
<br />and adjoining the municipal boundaries; or
<br />(2) the municipality has a population of 596,000 or
<br />more, and the area is an improved area that is not
<br />taxable by the municipality and is contiguous to the
<br />municipal boundary.
<br />(b) On adoption of the ordinance, the governing
<br />body shall enter in the minutes or records of the
<br />municipality an order discontinuing the area. The
<br />area ceases to be a part of the municipality on the
<br />date of the entry of the order.
<br />
<br />Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987.
<br />
<br />§ 43.146. Disannexation of Land in a Municipal
<br />Utility District
<br />
<br />Notwithstanding any provision of any other law
<br />related to the annexation or disannexation of territory,
<br />including but not limited to the requirement that the
<br />minimum \vidth of any tel'litory annexed be at least
<br />1,000 feet in \vidth, a municipality that has exercised
<br />limited purpose annexation may disannex any land
<br />located within a municipal utility district. Such disan-
<br />nexation shall not affect the validity of the annexation
<br />of other territory. Such municipality may refund any
<br />taxes paid or waive any taxes due to the municipality
<br />by the owners of the property disannexed pursuant to
<br />the provisions of this section.
<br />
<br />Added by Acts 1989, 71st Leg., ch. 1058, § 5, err. Sept. 1,
<br />1989.
<br />Section 4 of Acts 1989, 71st Leg., ch. 1058 provides:
<br />"This Act applies only to a municipal annexation completed on or
<br />after September 1, 1989. A municipal annexation completed before
<br />that date is governed by the law in effect at the time the annexation is
<br />completed, and the former law is continued in effect for this purpose."
<br />
<br />§ 43.147. Width Requirement for Disannexation
<br />
<br />(a) A municipality disannexing a road or highway
<br />shall also disannex a strip of area that is equal in size
<br />to the minimum area that the municipality is required
<br />to annex in order to comply with the width require-
<br />ments of Section 43.054 unless such disannexation is
<br />
<br />undertaken with the mutual agreement of the county
<br />
<br />government and the municipality.
<br />
<br />(b) The strip of area to be disannexed must:
<br />
<br />(1) be adjacent to either side of the road or
<br />
<br />highway; and
<br />
<br />(2) follow the course of the road or highway.
<br />
<br />Added by Acts 1995, 74th Leg., ch. 513, § 1, err. Sept. 1,
<br />1995.
<br />
<br />Section 2 of the 1995 Act pro\;des:
<br />
<br />"This Act takes effect September 1, 1995, and applies only to an
<br />area that is disannexed on or after the effective date of this Act. A
<br />disannexation occurring before the effective date of this Act is gov-
<br />erned by the law as it existed immediately before the effective date of
<br />this Act, and that law is continued in effect for that purpose."
<br />
<br />§ 43.148. Refund of Taxes and Fees
<br />
<br />(a) If an area is disannexed, the municipality disan-
<br />nexing the area shall refund to the landowners of the
<br />area the amount of money collected by the municipali- .
<br />ty in property taxes and fees from those lando\vners
<br />during the period that the area was a part of the
<br />municipality less the amount of money that the munic-
<br />ipality spent for the direct benefit of the area during
<br />that period.
<br />
<br />(b) A municipality shall proportionately refund the
<br />amount under Subsection (a) to the landowners ac-
<br />cording to a method to be developed by the municipal-
<br />ity that identifies each landowner's approximate pro
<br />rata payment of the taxes and fees being refunded.
<br />
<br />(c) A municipality required to refund money under
<br />this section shall refund the money to current land-
<br />o\vners in the area not later than the 180th day after
<br />the elate the area is elisannexed. Money that is not
<br />refunded \vithin the period prescribed by this subsec-
<br />tion accrues interest at the rate of:
<br />
<br />(1) sL" percent each year after the 180th day and
<br />until the 210th dav after the date the area is
<br />.,
<br />
<br />disannexeel; and
<br />
<br />(2) one percent each month after the 210th day
<br />after the date the area is disannexed.
<br />
<br />Added by Acts 1999, 76th Leg., ch. 1167, § 15, err. Sept. 1,
<br />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), (0, (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.
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<br />~?
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