| 3 | 2 | | |
|---|
| 4 | 3 | | |
|---|
| 5 | 4 | | A BILL TO BE ENTITLED |
|---|
| 6 | 5 | | AN ACT |
|---|
| 7 | 6 | | relating to disannexation of certain areas that do not receive full |
|---|
| 8 | 7 | | municipal services. |
|---|
| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 9 | | SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
|---|
| 11 | 10 | | is amended by adding Section 43.1415 to read as follows: |
|---|
| 12 | 11 | | Sec. 43.1415. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING |
|---|
| 13 | 12 | | FULL SERVICES. (a) This section applies only to an area that: |
|---|
| 14 | 13 | | (1) does not receive full municipal services and was |
|---|
| 15 | 14 | | exempt from municipal taxation for more than 20 years under an |
|---|
| 16 | 15 | | ordinance that provided that the area was exempt from taxation |
|---|
| 17 | 16 | | until full municipal services were provided; or |
|---|
| 18 | 17 | | (2) was annexed for limited purposes before Subchapter |
|---|
| 19 | 18 | | F was enacted and has not received at any time full municipal |
|---|
| 20 | 19 | | services. |
|---|
| 21 | 20 | | (b) Notwithstanding Subsection (a), this section does not |
|---|
| 22 | 21 | | apply to an area annexed for limited purposes for which: |
|---|
| 23 | 22 | | (1) the municipality has entered into an agreement, |
|---|
| 24 | 23 | | including a regulatory plan or an agreement with provisions related |
|---|
| 25 | 24 | | to annexation, with landowners of the area that extends the time for |
|---|
| 26 | 25 | | providing full municipal services otherwise required by Subchapter |
|---|
| 27 | 26 | | F; and |
|---|
| 28 | 27 | | (2) the deadline for providing full municipal services |
|---|
| 29 | 28 | | under the agreement has not elapsed. |
|---|
| 30 | 29 | | (c) A person owning real property wholly or partly located |
|---|
| 31 | 30 | | in the area may file a petition requesting the municipality to |
|---|
| 32 | 31 | | disannex the portion of the property located in the municipality. |
|---|
| 33 | 32 | | If the property is located in a subdivision, the petition must: |
|---|
| 34 | 33 | | (1) request disannexation of all real property in the |
|---|
| 35 | 34 | | subdivision that is located in the municipality; and |
|---|
| 36 | 35 | | (2) include the signatures of owners of at least 51 |
|---|
| 37 | 36 | | percent of the property in the subdivision that is located in the |
|---|
| 38 | 37 | | municipality. |
|---|
| 39 | 38 | | (d) The municipality shall disannex the property described |
|---|
| 40 | 39 | | by a valid petition filed under Subsection (c) not later than the |
|---|
| 41 | 40 | | 30th day after the date the municipality receives the petition. The |
|---|
| 42 | 41 | | filing of the petition creates an irrebuttable presumption that the |
|---|
| 43 | 42 | | property is not a part of the municipality. The presumption may not |
|---|
| 44 | 43 | | be contested for any cause after the date the municipality receives |
|---|
| 45 | 44 | | the petition. |
|---|
| 46 | 45 | | (e) If the municipality fails to disannex the property as |
|---|
| 47 | 46 | | required by Subsection (d), the person filing the petition may |
|---|
| 48 | 47 | | bring an action against the municipality to compel disannexation of |
|---|
| 49 | 48 | | the property. If the person prevails, the person may recover |
|---|
| 50 | 49 | | attorney's fees and court costs resulting from bringing the action. |
|---|
| 51 | 50 | | (f) Governmental immunity to suit and from liability of the |
|---|
| 52 | 51 | | municipality is waived to the extent of liability created by this |
|---|
| 53 | 52 | | section. |
|---|
| 54 | 53 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 55 | 54 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 56 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 57 | 56 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 58 | 57 | | Act takes effect September 1, 2021. |
|---|