Sec. 324.123. DISANNEXATION. (a) The voters of or county commissioners for any area in a district may file a petition with the board to disannex the area from the district.
(b) The petition must contain an accurate description of the area proposed for disannexation, accompanied by an accurate map or plat of the area.
(c) The petition must be signed by at least one percent of the registered voters in the area proposed for disannexation or by the county commissioners for the area proposed for disannexation.
(d) The board shall file the petition with the commissioners court if:
(1) the district has not acquired or constructed a permanent improvement or facility in the area proposed for disannexation; and
(2) the district's projected revenue from all sources, except from the area proposed for disannexation, is sufficient to pay the district's outstanding debts.
(e) The commissioners court shall give notice of a hearing on the petition and hold a hearing in the manner prescribed by Sections 324.022 and 324.023 for a petition for creation of a district.
(f) The commissioners court by order may grant the petition if it finds that:
(1) the petition meets the requirements of this section;
(2) the conditions listed in Subsection (d) exist; and
(3) the disannexation is in the best interests of the county.
(g) The disannexation takes effect on the date stated by the order or, if the order does not state a date, on the date the order is issued.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
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