Texas House Bill HB359

Texas 2015 - 84th Regular

• Filed: 11/21/14

Caption

Relating to a court order to disannex an area from a municipality.

Impact

The introduction of HB 359 could significantly alter local governance in Texas by establishing stronger legal recourse for residents dissatisfied with their municipal representation. By streamlining the disannexation process and empowering residents to challenge municipal decisions in court more directly, the bill seeks to enhance local self-determination. This change could encourage greater citizen engagement and accountability in municipalities, ensuring that local governments remain responsive to the needs and wishes of their constituents.

Summary

House Bill 359 pertains to the process by which an area can be disannexed from a municipality in Texas. The bill amends Section 43.141 of the Local Government Code, providing a clearer course of action for residents seeking to disannex their area. Under the new provisions, if a municipal governing body does not comply with a disannexation petition within 60 days, the signatories of the petition can initiate legal action in a district court to compel the disannexation. The bill emphasizes compliance with the municipality's service plan and good faith performance in handling such petitions.

Contention

Notably, HB 359 may spark contention among municipal leaders and residents. Supporters of the bill argue that it provides necessary oversight and remedy for residents feeling neglected or underserved by their municipalities, thereby supporting local democracy. However, opponents could view the measure as a threat to local governance, fearing it might encourage frequent and potentially disruptive disannexations that could undermine municipal stability and planning. Concerns about maintaining cohesive community governance may lead to debates about the balance of power between state-level legislative mandates and local self-governance.