Texas 2025 - 89th Regular

Texas House Bill HB2494 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R23154 MP-F
2		-	By: Craddick, Darby, King, Patterson H.B. No. 2494
3		-	Substitute the following for H.B. No. 2494:
4		-	By: Gates C.S.H.B. No. 2494
	1	+	89R5776 MP-F
	2	+	By: Craddick H.B. No. 2494
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to disannexation of certain areas of a municipality for
12	10		failure to provide services.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14		-	SECTION 1. Section 43.141, Local Government Code, is
15		-	amended by amending Subsections (a), (b), (d), and (f) and adding
16		-	Subsections (g) and (h) to read as follows:
17		-	(a) A majority of the property owners [qualified voters] of
18		-	an [annexed] area, including one or more lots, tracts, or parcels,
19		-	or a portion of a lot, tract, or parcel, may petition the governing
20		-	body of the municipality to disannex the area if the municipality
21		-	fails or refuses to provide the services described under Subsection
22		-	(b)(1) or (3) or to cause those services to be provided to the area:
	12	+	SECTION 1. Sections 43.141(a), (b), and (f), Local
	13	+	Government Code, are amended to read as follows:
	14	+	(a) A majority of the qualified voters of an [annexed] area
	15	+	may petition the governing body of the municipality to disannex the
	16	+	area if the municipality fails or refuses to provide services or to
	17	+	cause services to be provided to the area:
23	18		(1) if the area was annexed under Subchapter C-1,
24	19		within the period specified by Section 43.056 or by the service plan
25	20		prepared for the area under that section; [or]
26	21		(2) if the area was annexed under Subchapter C-3, C-4,
27	22		or C-5, within the period specified by the written agreement under
28	23		Section 43.0672 or the resolution under Section 43.0682 or 43.0692,
29	24		as applicable; or
30	25		(3) notwithstanding Section 43.0505, if the area did
31		-	not become part of the municipality in compliance with ~~and under~~
32		-	~~Subchapter~~ C.
	26	+	not become part of the municipality in compliance with Subchapter
	27	+	C.
33	28		(b) If the governing body fails or refuses to disannex the
34	29		area within 60 days after the date of the receipt of the petition,
35	30		any one or more of the signers of the petition may bring a cause of
36	31		action in a district court of the county in which the area is
37	32		principally located to request that the area be disannexed. On the
38	33		filing of an answer by the governing body, and on application of
39	34		either party, the case shall be advanced and heard without further
40	35		delay in accordance with rules for expedited actions under the
41	36		Texas Rules of Civil Procedure. The district court shall enter an
42	37		order disannexing the area and award attorney's fees to the signers
43	38		of the petition if the court finds that a valid petition was filed
44		-	with the municipality and that the municipality [failed to]:
45		-	(1) failed to perform its obligations in accordance
46		-	with:
	39	+	with the municipality and that the municipality failed to:
	40	+	(1) perform its obligations in accordance with:
47	41		(A) the service plan under Section 43.056;
48	42		(B) the written agreement entered into under
49	43		Section 43.0672; or
50	44		(C) the resolution adopted under Section 43.0682
51	45		or 43.0692, as applicable; [or]
52		-	(2) failed to perform in good faith; or
53		-	(3) has not connected the majority of the properties
54		-	in the area covered by the petition, regardless of whether the area
55		-	was annexed by the municipality, to the municipality's water and
56		-	wastewater systems, if any other area in the municipality is
57		-	connected to the municipality's water and wastewater systems.
58		-	(d) The petition for disannexation must:
59		-	(1) be written;
60		-	(2) request the disannexation;
61		-	(3) be signed in ink or indelible pencil by the
62		-	appropriate property owners [voters];
63		-	(4) [be signed by each voter as that person's name
64		-	appears on the most recent official list of registered voters;
65		-	[(5)] contain a note made by each property owner
66		-	[voter] stating the person's residence address [and the precinct
67		-	number and voter registration number that appear on the person's
68		-	voter registration certificate];
69		-	(5) [(6)] describe the area to be disannexed and have
70		-	a plat, survey, or other likeness of the area attached; and
71		-	(6) [(7)] be presented to the secretary of the
	46	+	(2) perform in good faith; or
	47	+	(3) provide any of the services described by Section
	48	+	43.056(b) to the area, regardless of whether the area was annexed,
	49	+	if any of those services are provided to other areas in the
72	50		municipality.
73	51		(f) For an area annexed under this chapter, before [Before]
74		-	the petition is circulated among the property owners [voters],
75		-	notice of the petition must be given by posting a copy of the
76		-	petition for 10 days in three public places in the [annexed] area
77		-	and by publishing a copy of the petition once in a newspaper of
78		-	general circulation serving the area before the 15th day before the
79		-	date the petition is first circulated. Proof of the posting and
80		-	publication must be made by attaching to the petition presented to
81		-	the secretary:
82		-	(1) the sworn affidavit of any property owner [voter]
83		-	who signed the petition, stating the places and dates of the
84		-	posting; and
	52	+	the petition is circulated among the voters, notice of the petition
	53	+	must be given by posting a copy of the petition for 10 days in three
	54	+	public places in the [annexed] area and by publishing a copy of the
	55	+	petition once in a newspaper of general circulation serving the
	56	+	area before the 15th day before the date the petition is first
	57	+	circulated. Proof of the posting and publication must be made by
	58	+	attaching to the petition presented to the secretary:
	59	+	(1) the sworn affidavit of any voter who signed the
	60	+	petition, stating the places and dates of the posting; and
85	61		(2) the sworn affidavit of the publisher of the
86	62		newspaper in which the notice was published, stating the name of the
87	63		newspaper and the issue and date of publication.
88		-	(g) If an area described by Subsection (a)(3) is disannexed
89		-	in accordance with this section, the landowners of the area are not
90		-	eligible for a refund of taxes or fees for the area under Section
91		-	43.148.
92		-	(h) The disannexation of an area under this section may not
93		-	include land that comprises the bed of a navigable waterway.
94	64		SECTION 2. This Act takes effect immediately if it receives
95	65		a vote of two-thirds of all the members elected to each house, as
96	66		provided by Section 39, Article III, Texas Constitution. If this
97	67		Act does not receive the vote necessary for immediate effect, this
98	68		Act takes effect September 1, 2025.