| 1 | 1 | | 88R13484 MP-F |
|---|
| 2 | 2 | | By: Hayes H.B. No. 4039 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the provision of municipal services to land annexed by a |
|---|
| 8 | 8 | | municipality for full purposes. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 43, Local Government Code, |
|---|
| 11 | 11 | | is amended by adding Section 43.006 to read as follows: |
|---|
| 12 | 12 | | Sec. 43.006. PROVISION OF FULL MUNICIPAL SERVICES; |
|---|
| 13 | 13 | | DISANNEXATION. (a) In this section, "full municipal services" |
|---|
| 14 | 14 | | means a municipality's provision of each of the following to |
|---|
| 15 | 15 | | annexed land to allow the full development of the land consistent |
|---|
| 16 | 16 | | with existing zoning regulations, a development agreement entered |
|---|
| 17 | 17 | | into under Section 212.172, or rights that have accrued for a |
|---|
| 18 | 18 | | project under this chapter or Chapter 245: |
|---|
| 19 | 19 | | (1) the provision of police protection; |
|---|
| 20 | 20 | | (2) the provision of fire protection, including fire |
|---|
| 21 | 21 | | hydrants; |
|---|
| 22 | 22 | | (3) the provision of emergency medical services; |
|---|
| 23 | 23 | | (4) the provision of solid waste collection, other |
|---|
| 24 | 24 | | than those services that a municipality is not required to provide |
|---|
| 25 | 25 | | under Section 43.056(o) to an area subject to that section; |
|---|
| 26 | 26 | | (5) the construction, operation, and maintenance of |
|---|
| 27 | 27 | | water and wastewater facilities; |
|---|
| 28 | 28 | | (6) the construction, operation, and maintenance of |
|---|
| 29 | 29 | | roads and streets, including road and street lighting; and |
|---|
| 30 | 30 | | (7) the construction, operation, and maintenance of |
|---|
| 31 | 31 | | any other facility, building, or service to be owned by the |
|---|
| 32 | 32 | | municipality and completed at the time of annexation. |
|---|
| 33 | 33 | | (b) This section applies to annexed land regardless of |
|---|
| 34 | 34 | | whether the land was annexed with the landowner's consent. |
|---|
| 35 | 35 | | (c) For land annexed by a municipality for full purposes |
|---|
| 36 | 36 | | before September 1, 2023, the municipality must provide, at its |
|---|
| 37 | 37 | | cost, full municipal services to the land not later than September |
|---|
| 38 | 38 | | 1, 2027. For land annexed by a municipality for full purposes after |
|---|
| 39 | 39 | | September 1, 2023, the municipality must provide, at its cost, full |
|---|
| 40 | 40 | | municipal services to the land not later than the fourth |
|---|
| 41 | 41 | | anniversary of the annexation date. |
|---|
| 42 | 42 | | (d) A municipality may not: |
|---|
| 43 | 43 | | (1) charge a fee to a person for all or part of the |
|---|
| 44 | 44 | | municipality's cost to provide full municipal services to annexed |
|---|
| 45 | 45 | | land; |
|---|
| 46 | 46 | | (2) adopt or enforce an ordinance, rule, or other |
|---|
| 47 | 47 | | measure, or enter into an agreement, that requires a person to fund |
|---|
| 48 | 48 | | a service necessary for the municipality to: |
|---|
| 49 | 49 | | (A) provide full municipal services; |
|---|
| 50 | 50 | | (B) construct an improvement necessary to |
|---|
| 51 | 51 | | provide full municipal services; or |
|---|
| 52 | 52 | | (C) dedicate land necessary to provide full |
|---|
| 53 | 53 | | municipal services; or |
|---|
| 54 | 54 | | (3) require a person to waive a right under this |
|---|
| 55 | 55 | | section. |
|---|
| 56 | 56 | | (e) If a municipality violates this section, an affected |
|---|
| 57 | 57 | | landowner may bring an action seeking disannexation of the owner's |
|---|
| 58 | 58 | | land from the municipality. In the action: |
|---|
| 59 | 59 | | (1) the municipality has the burden of proving by |
|---|
| 60 | 60 | | clear and convincing evidence that the municipality fully complied |
|---|
| 61 | 61 | | with this section, and the court may not use a deferential standard; |
|---|
| 62 | 62 | | and |
|---|
| 63 | 63 | | (2) if the time period for providing full municipal |
|---|
| 64 | 64 | | services under Subsection (c) has passed and the annexed land that |
|---|
| 65 | 65 | | is the subject of the action has not been provided with full |
|---|
| 66 | 66 | | municipal services: |
|---|
| 67 | 67 | | (A) an irrebuttable presumption exists that the |
|---|
| 68 | 68 | | municipality has failed to comply with this section; and |
|---|
| 69 | 69 | | (B) the court shall order disannexation of the |
|---|
| 70 | 70 | | land. |
|---|
| 71 | 71 | | (f) The action described by Subsection (e) is in addition to |
|---|
| 72 | 72 | | the enforcement provisions provided by Section 43.908. |
|---|
| 73 | 73 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 77 | 77 | | Act takes effect September 1, 2023. |
|---|