86R10335 SCL-D
By: Perry S.B. No. 1024
A BILL TO BE ENTITLED
AN ACT
relating to access to services in an area annexed by a tier 1
municipality under a service plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 43, Local Government Code,
is amended by adding Section 43.0565 to read as follows:
Sec. 43.0565. ACCESS TO SERVICES IN ANNEXED AREA. (a) A
municipality shall provide access to services provided to an
annexed area under a service plan described by Section 43.056 that
is identical or substantially similar to access to those services
in the municipality.
(b) A person residing in an annexed area subject to a
service plan may apply for a writ of mandamus against a municipality
that fails to provide access to services in accordance with
Subsection (a). In the action for the writ:
(1) the court may order the parties to participate in
mediation;
(2) the municipality has the burden of proving that
the municipality complied with Subsection (a);
(3) the person may provide evidence that the costs for
the person to access the services are disproportionate to the costs
incurred by a municipal resident to access those services; and
(4) if the person prevails:
(A) the municipality shall:
(i) disannex the property that is the
subject of the suit within a reasonable period specified by the
court; or
(ii) comply with Subsection (a); and
(B) the court shall award the person's attorney's
fees and costs incurred in bringing the action for the writ.
(c) A municipality's governmental immunity to suit and from
liability is waived and abolished to the extent of liability
created under this section.
SECTION 2. This Act takes effect September 1, 2019.