By: Craddick H.B. No. 3947
A BILL TO BE ENTITLED
AN ACT
relating to the improper taxation of properties in 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. TAXATION OF PROPERTIES IN CERTAIN AREAS NOT
RECEIVING FULL MUNICIPAL SERVICES. (a) In this section, "full
municipal services" means:
(1) the provision of police protection;
(2) the provision of fire protection, including fire
hydrants;
(3) the provision of emergency medical services;
(4) the provision of solid waste collection, other
than those services that a municipality is not required to provide
under Section 43.056(o) to an area, lot, or tract subject to that
section;
(5) the operation and maintenance of water and
wastewater facilities; and,
(6) the operation and maintenance of roads and
streets.
(b) This section does not apply to an area, lot, or tract for
which a Home Rule municipality:
(1) is not currently required to provide full
municipal services under a service plan described by Section
43.056; or
(2) has entered into a regulatory plan or other
written agreement to extend the time for providing or waive
provision of full municipal services.
(c) Notwithstanding the requirement of Sec. 43.056(l), any
area, lot, or tract in which the home-rule municipality is not
providing or causing the provision of full municipal services is
automatically disannexed.
(1) If a home-rule municipality fails or refuses to
recognize the disannexation of an area, lot, or tract under this
section, a person owning real property wholly or partly located in
the area, lot, or tract may bring an action against the municipality
to recognize the disannexation of the portion of the property
previously located in the municipality. If the person prevails,
the person may recover attorney's fees and court costs resulting
from bringing the action.
(2) A municipality's governmental immunity to suit and
governmental immunity from liability are 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, 2023.