Texas 2023 - 88th Regular

Texas House Bill HB2561

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the municipal disannexation of areas annexed during a certain period of time.

Impact

The introduction of HB 2561 could fundamentally change the landscape of municipal governance across Texas. By allowing residents to disannex, it could empower communities previously subjected to forced annexation, giving them a platform to express their collective will. However, this could also lead to complications for municipalities that may depend on revenue or services derived from annexed areas. Furthermore, those municipalities would have to manage the implications of disannexation concerning service delivery, municipal debts, and infrastructure ownership post-disannexation, as the bill stipulates that certain infrastructure remains under municipal ownership irrespective of disannexation.

Summary

House Bill 2561 proposes a significant reform in the municipal annexation process in Texas. Specifically, it allows landowners who were involuntarily annexed between March 3, 2015, and May 24, 2019, to vote on whether they wish to be disannexed from the municipality. The bill aims to provide a mechanism for affected residents to reclaim their autonomy, re-establishing the principle of consent in local governance. It mandates that an election be held in the specified areas with specific guidelines to ensure transparency and fairness in the voting process, prohibiting the use of public funds for advocacy on behalf of the municipality during the election period.

Sentiment

The sentiment surrounding HB 2561 is notably divided. Proponents, including affected residents and various advocacy groups, argue that the bill is a necessary correction to previous annexation practices, emphasizing the importance of local control and democracy. Meanwhile, opponents, such as representatives from some municipalities and planning associations, express concerns regarding the logistical, financial, and service disruptions that the disannexation might entail. Their arguments often center around the need for consistent municipal planning and the potential implications for resource allocation.

Contention

Central to the contention surrounding HB 2561 is the balance between local autonomy and the operations of municipalities that depend on annexed revenues. Critics fear this legislation could lead to a weakening of municipal capacities, particularly in areas where they have invested significantly in services for annexed residents. Additionally, concerns were raised about the feasibility and implications of holding elections for disannexation, especially regarding the complexities involved in disentangling financial and service commitments for areas that choose to separate from their municipalities.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 43. Municipal Annexation
    • Section: 1463

Companion Bills

No companion bills found.

Similar Bills

IN SB0453

Various tax matters.

TX HB3053

Relating to the municipal disannexation of certain areas annexed during a certain period of time.

TX SB1499

Relating to the municipal disannexation of certain areas formerly designated as a census designated place.

TX SB1225

Relating to the disannexation of land in Caldwell County by the Gonzales County Underground Water Conservation District or the Plum Creek Conservation District.

TX SB369

Relating to disannexation of certain areas that do not receive full municipal services; providing a civil penalty.

TX SB659

Relating to disannexation of certain areas that do not receive full municipal services.

TX HB1653

Relating to disannexation of certain areas that do not receive full municipal services.

TX SB2962

Relating to the authority of a municipality to remove territory from an emergency services district.