88R2824 DRS-F
By: Campbell S.B. No. 369
A BILL TO BE ENTITLED
AN ACT
relating to disannexation of 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. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING
FULL 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 subject to that section;
(5) the operation and maintenance of water and
wastewater facilities;
(6) the operation and maintenance of roads and
streets, including road and street lighting; and
(7) the operation and maintenance of any other
facility, building, or service owned by the municipality.
(b) This section does not apply to an area for which the
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 any other law, on December 31, 2023, any
area in which the municipality is not providing or causing the
provision of full municipal services is disannexed.
(d) If a municipality fails or refuses to recognize the
disannexation of an area under this section, a person owning real
property wholly or partly located in the area may bring an action
against the municipality to compel disannexation of the portion of
the property located in the municipality. If the person prevails,
the person may recover attorney's fees and court costs resulting
from bringing the action.
(e) 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.