| 1 | 1 | | By: Craddick H.B. No. 1246 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to disannexation of certain areas that do not receive full |
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| 7 | 7 | | municipal services. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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| 10 | 10 | | is amended by adding Section 43.1415 to read as follows: |
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| 11 | 11 | | Sec. 43.1415. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING |
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| 12 | 12 | | FULL SERVICES. (a) In this section, "full municipal services" |
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| 13 | 13 | | means: |
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| 14 | 14 | | (1) the provision of police protection; |
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| 15 | 15 | | (2) the provision of fire protection, including fire |
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| 16 | 16 | | hydrants; |
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| 17 | 17 | | (3) the provision of emergency medical services; |
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| 18 | 18 | | (4) the provision of solid waste collection, other |
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| 19 | 19 | | than those services that a municipality is not required to provide |
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| 20 | 20 | | under Section 43.056(o) to an area subject to that section; |
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| 21 | 21 | | (5) the operation and maintenance of water and |
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| 22 | 22 | | wastewater facilities; |
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| 23 | 23 | | (6) the operation and maintenance of roads and |
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| 24 | 24 | | streets, including road and street lighting; and |
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| 25 | 25 | | (7) the operation and maintenance of any other |
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| 26 | 26 | | facility, building, or service owned by the municipality. |
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| 27 | 27 | | (b) This section does not apply to an area for which the |
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| 28 | 28 | | municipality: |
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| 29 | 29 | | (1) is not currently required to provide full |
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| 30 | 30 | | municipal services under a service plan described by Section |
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| 31 | 31 | | 43.056; or |
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| 32 | 32 | | (2) has entered into a regulatory plan or other |
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| 33 | 33 | | written agreement to extend the time for providing or waive |
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| 34 | 34 | | provision of full municipal services. |
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| 35 | 35 | | (c) Notwithstanding any other law, on December 31, 2023, any |
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| 36 | 36 | | area in which the municipality is not providing or causing the |
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| 37 | 37 | | provision of full municipal services is disannexed. |
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| 38 | 38 | | (d) If a municipality fails or refuses to recognize the |
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| 39 | 39 | | disannexation of an area under this section, a person owning real |
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| 40 | 40 | | property wholly or partly located in the area may bring an action |
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| 41 | 41 | | against the municipality to compel disannexation of the portion of |
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| 42 | 42 | | the property located in the municipality. If the person prevails, |
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| 43 | 43 | | the person may recover attorney's fees and court costs resulting |
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| 44 | 44 | | from bringing the action. |
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| 45 | 45 | | (e) A municipality's governmental immunity to suit and |
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| 46 | 46 | | governmental immunity from liability are waived to the extent of |
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| 47 | 47 | | liability created by this section. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2023. |
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