By: Buckingham, et al. S.B. No. 659
(Craddick)
A BILL TO BE ENTITLED
AN ACT
relating to disannexation of certain areas that do not receive full
municipal services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 43, Local Government Code,
is amended by adding Section 43.1415 to read as follows:
Sec. 43.1415. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING
FULL SERVICES. (a) This section applies only to an area that:
(1) does not receive full municipal services and was
exempt from municipal taxation for more than 20 years under an
ordinance that provided that the area was exempt from taxation
until full municipal services were provided; or
(2) was annexed for limited purposes before Subchapter
F was enacted and has not received at any time full municipal
services.
(b) Notwithstanding Subsection (a), this section does not
apply to an area annexed for limited purposes for which:
(1) the municipality has entered into an agreement,
including a regulatory plan or an agreement with provisions related
to annexation, with landowners of the area that extends the time for
providing full municipal services otherwise required by Subchapter
F; and
(2) the deadline for providing full municipal services
under the agreement has not elapsed.
(c) A person owning real property wholly or partly located
in the area may file a petition requesting the municipality to
disannex the portion of the property located in the municipality.
If the property is located in a subdivision, the petition must:
(1) request disannexation of all real property in the
subdivision that is located in the municipality; and
(2) include the signatures of owners of at least 51
percent of the property in the subdivision that is located in the
municipality.
(d) The municipality shall disannex the property described
by a valid petition filed under Subsection (c) not later than the
30th day after the date the municipality receives the petition. The
filing of the petition creates an irrebuttable presumption that the
property is not a part of the municipality. The presumption may not
be contested for any cause after the date the municipality receives
the petition.
(e) If the municipality fails to disannex the property as
required by Subsection (d), the person filing the petition may
bring an action against the municipality to compel disannexation of
the property. If the person prevails, the person may recover
attorney's fees and court costs resulting from bringing the action.
(f) Governmental immunity to suit and from liability of the
municipality is waived to the extent of liability created by this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.