Texas 2023 - 88th Regular

Texas Senate Bill SB369

Filed
1/9/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
5/10/23  
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The implications of SB 369 are significant as they introduce a new mechanism for citizens to hold their municipalities accountable for service delivery. Should property owners demonstrate that they are not receiving the mandated services, they can initiate a process that could lead to disannexation. Supporters argue that this bill empowers residents and ensures that their tax obligations correspond to the services rendered, thus potentially improving the overall health and accountability of municipal governance in Texas. Conversely, critics emphasize that this could lead to increased fragmentation and strain municipal resources, ultimately harming the communities involved.

Summary

Senate Bill 369, introduced by Senator Campbell, seeks to address the issue of property owners not receiving full municipal services despite paying property taxes. The bill provides a framework for residents in such circumstances to petition for disannexation from their municipality. It outlines the definitions of 'full municipal services' and establishes the procedural steps for property owners to file complaints, which include police protection, fire protection, emergency medical services, solid waste collection, and other vital services that should be provided by municipalities. A notable aspect of the bill is the provision for civil penalties against municipalities that fail to respond adequately to complaints about service deficiencies.

Sentiment

The sentiment surrounding SB 369 is mixed, reflecting polarized views on local government accountability. Proponents, including some advocacy groups, have lauded it as a positive step for property rights and civic engagement, as it provides leverage for residents against what they perceive as neglectful city administrations. In contrast, opponents, such as representatives from municipalities, argue that it might undermine the stability of community governance and lead to an exodus of residents from urban areas experiencing financial or operational hardships. This divide captures the ongoing tension between state and local powers in Texas governance.

Contention

Key points of contention among stakeholders involve the feasibility and consequences of implementing disannexation provisions. Critics highlight concerns that the bill may lead to a loss of essential services for residents left behind once areas are disannexed, as municipalities could shrink in size and resources. Additionally, the enforcement mechanisms, including civil penalties for non-compliance, have raised questions about potential litigation and the administrative burden on local governments. The debate thus centers not only on the rights of property owners but also on the broader effects on community infrastructure and municipal viability.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 43. Municipal Annexation
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Transportation Code

  • Chapter 22. County And Municipal Airports
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 552. Public Information
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB1246

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

Previously Filed As

TX HB1653

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

TX SB659

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

TX HB1246

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

TX HB3947

Relating to the improper taxation of properties in certain areas that do not receive full municipal services.

Similar Bills

TX HB3844

Relating to the establishment of the department of consumer affairs services for property owners and property owners' associations within the office of the attorney general.

OH HB232

Modify the law governing certain property tax complaints

NJ A4250

Establishes expedited ejectment proceeding to remove certain unauthorized real property occupants.

IL HB2510

PROP TX-TAXING DIST NOTICE

IL HB1377

PROP TX-REVISIONS

IL SB1985

STOP SQUATTERS ACT

IL SB1890

PROP TX-TAXING DIST NOTICE

TX HB3518

Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.