89R5776 MP-F
By: Craddick H.B. No. 2494
A BILL TO BE ENTITLED
AN ACT
relating to disannexation of certain areas of a municipality for
failure to provide services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.141(a), (b), and (f), Local
Government Code, are amended to read as follows:
(a) A majority of the qualified voters of an [annexed] area
may petition the governing body of the municipality to disannex the
area if the municipality fails or refuses to provide services or to
cause services to be provided to the area:
(1) if the area was annexed under Subchapter C-1,
within the period specified by Section 43.056 or by the service plan
prepared for the area under that section; [or]
(2) if the area was annexed under Subchapter C-3, C-4,
or C-5, within the period specified by the written agreement under
Section 43.0672 or the resolution under Section 43.0682 or 43.0692,
as applicable; or
(3) notwithstanding Section 43.0505, if the area did
not become part of the municipality in compliance with Subchapter
C.
(b) If the governing body fails or refuses to disannex the
area within 60 days after the date of the receipt of the petition,
any one or more of the signers of the petition may bring a cause of
action in a district court of the county in which the area is
principally located to request that the area be disannexed. On the
filing of an answer by the governing body, and on application of
either party, the case shall be advanced and heard without further
delay in accordance with rules for expedited actions under the
Texas Rules of Civil Procedure. The district court shall enter an
order disannexing the area and award attorney's fees to the signers
of the petition if the court finds that a valid petition was filed
with the municipality and that the municipality failed to:
(1) perform its obligations in accordance with:
(A) the service plan under Section 43.056;
(B) the written agreement entered into under
Section 43.0672; or
(C) the resolution adopted under Section 43.0682
or 43.0692, as applicable; [or]
(2) perform in good faith; or
(3) provide any of the services described by Section
43.056(b) to the area, regardless of whether the area was annexed,
if any of those services are provided to other areas in the
municipality.
(f) For an area annexed under this chapter, before [Before]
the petition is circulated among the voters, notice of the petition
must be given by posting a copy of the petition for 10 days in three
public places in the [annexed] area and by publishing a copy of the
petition once in a newspaper of general circulation serving the
area before the 15th day before the date the petition is first
circulated. Proof of the posting and publication must be made by
attaching to the petition presented to the secretary:
(1) the sworn affidavit of any voter who signed the
petition, stating the places and dates of the posting; and
(2) the sworn affidavit of the publisher of the
newspaper in which the notice was published, stating the name of the
newspaper and the issue and date of publication.
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, 2025.