| 1 | 1 | | 87R4873 SCL-F |
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| 2 | 2 | | By: Craddick H.B. No. 1653 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to disannexation of certain areas that do not receive full |
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| 8 | 8 | | municipal services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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| 11 | 11 | | is amended by adding Section 43.1415 to read as follows: |
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| 12 | 12 | | Sec. 43.1415. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING |
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| 13 | 13 | | FULL SERVICES. (a) This section applies only to an area that: |
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| 14 | 14 | | (1) does not receive full municipal services and was |
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| 15 | 15 | | exempt from municipal taxation for more than 20 years under an |
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| 16 | 16 | | ordinance that provided that the area was exempt from taxation |
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| 17 | 17 | | until full municipal services were provided; or |
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| 18 | 18 | | (2) was annexed for limited purposes before Subchapter |
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| 19 | 19 | | F was enacted and has not received at any time full municipal |
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| 20 | 20 | | services. |
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| 21 | 21 | | (b) A person owning real property wholly or partly located |
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| 22 | 22 | | in the area may file a petition requesting the municipality to |
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| 23 | 23 | | disannex the portion of the property located in the municipality. |
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| 24 | 24 | | If the property is located in a subdivision, the petition must: |
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| 25 | 25 | | (1) request disannexation of all real property in the |
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| 26 | 26 | | subdivision that is located in the municipality; and |
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| 27 | 27 | | (2) include the signatures of owners of at least 51 |
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| 28 | 28 | | percent of the property in the subdivision that is located in the |
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| 29 | 29 | | municipality. |
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| 30 | 30 | | (c) The municipality shall disannex the property described |
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| 31 | 31 | | by a valid petition filed under Subsection (b) not later than the |
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| 32 | 32 | | 30th day after the date the municipality receives the petition. The |
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| 33 | 33 | | filing of the petition creates an irrebuttable presumption that the |
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| 34 | 34 | | property is not a part of the municipality. The presumption may not |
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| 35 | 35 | | be contested for any cause after the date the municipality receives |
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| 36 | 36 | | the petition. |
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| 37 | 37 | | (d) If the municipality fails to disannex the property as |
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| 38 | 38 | | required by Subsection (c), the person filing the petition may |
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| 39 | 39 | | bring an action against the municipality to compel disannexation of |
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| 40 | 40 | | the property. If the person prevails, the person may recover |
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| 41 | 41 | | attorney's fees and court costs resulting from bringing the action. |
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| 42 | 42 | | (e) Governmental immunity to suit and from liability of the |
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| 43 | 43 | | municipality is waived to the extent of liability created by this |
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| 44 | 44 | | section. |
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| 45 | 45 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2021. |
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