Texas Senate Bill SB1024

Texas 2019 - 86th Regular

Caption

Relating to access to services in an area annexed by certain tier 1 municipalities under a service plan.

Impact

The bill amends Chapter 43 of the Local Government Code, particularly by adding Section 43.0565. It allows individuals residing in these annexed areas to apply for a writ of mandamus if their municipality fails to provide appropriate access to services as stipulated. This means that municipalities could be compelled by court order to either comply with the service provision requirements or disannex the area involved. Moreover, it waives certain governmental immunity, expanding liability for municipalities in this context.

Summary

Senate Bill 1024 addresses service access in areas annexed by municipalities with a population of 350,000 or less. The bill mandates that these municipalities provide access to services to those residing in annexed areas that is equivalent to what is offered in the municipality. This aims to ensure that residents in newly annexed areas are not deprived of services compared to existing municipal residents, addressing concerns about fairness and equity in service provision.

Sentiment

The sentiment surrounding SB 1024 appears to be largely positive, given that both the Senate and House passed the bill unanimously. This indicates a bipartisan agreement on the importance of equitable service access for residents in newly annexed areas. The nature of its provisions suggests a concern for the rights of residents who may otherwise experience disparities due to annexation.

Contention

Despite its unanimous passage, there might be concerns regarding the feasibility of the requirements placed on municipalities. The potential for increased liabilities and the burden of proving compliance could lead to administrative challenges. Additionally, cities may be wary of the broader implications of being compelled to provide equivalent services, especially in situations where financial or logistical constraints exist. Thus, while the bill is designed to protect residents, its implementation could lead to complicated disputes regarding service adequacy and municipal responsibilities.