Texas 2023 - 88th Regular

Texas House Bill HB4039

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

Caption

Relating to the provision of municipal services to land annexed by a municipality for full purposes.

Impact

The implications of this legislation are significant for both municipalities and landowners. It seeks to protect landowners from being subjected to additional financial burdens as a result of annexation, ensuring that they receive services equivalent to those enjoyed by existing residents from the outset. The bill aims to formalize expectations around service provision and accountability, thus preventing municipalities from delaying or failing to provide necessary services after annexation, which can negatively impact the development potential of newly annexed areas.

Summary

House Bill 4039 aims to amend the Texas Local Government Code to ensure that municipalities providing full municipal services to newly annexed land do so within a specified timeframe and under certain financial conditions. The bill mandates that for any land annexed for full municipal purposes after September 1, 2023, municipalities must deliver essential services—including police protection, fire services, emergency medical services, solid waste collection, and water and wastewater facilities—by the fourth anniversary of the annexation date at no cost to the landowner. For land annexed before this date, municipalities have until September 1, 2027, to comply.

Sentiment

The sentiment surrounding HB 4039 appears to be mostly supportive among local landowners and residents, as it advocates for their rights to receive municipal services without incurring additional costs. Conversely, some municipalities may view the bill as a constraint on their budgetary flexibility and an added obligation, leading to mixed feelings among local government officials. The primary support for the bill stems from a commitment to ensure that citizens receive fair treatment regarding the services they are entitled to when their land is annexed.

Contention

Notable points of contention regarding HB 4039 include the potential strain on municipal resources as they navigate the requirements to provide full services without charging the landowners. Municipalities may raise concerns about the financial implications of servicing newly annexed areas if the required resources and infrastructure are not already in place. Moreover, if municipalities fail to comply, landowners are empowered to seek disannexation through legal actions, raising concerns about the jurisdictional complexities and financial repercussions for municipalities that may struggle to meet these mandates.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 43. Municipal Annexation
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.