Texas 2025 - 89th Regular

Texas Senate Bill SB1844 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5776 MP-F
2	2	By: Paxton S.B. No. 1844
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to disannexation of certain areas of a municipality for
10	10	failure to provide services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 43.141(a), (b), and (f), Local
13	13	Government Code, are amended to read as follows:
14	14	(a) A majority of the qualified voters of an [annexed] area
15	15	may petition the governing body of the municipality to disannex the
16	16	area if the municipality fails or refuses to provide services or to
17	17	cause services to be provided to the area:
18	18	(1) if the area was annexed under Subchapter C-1,
19	19	within the period specified by Section 43.056 or by the service plan
20	20	prepared for the area under that section; [or]
21	21	(2) if the area was annexed under Subchapter C-3, C-4,
22	22	or C-5, within the period specified by the written agreement under
23	23	Section 43.0672 or the resolution under Section 43.0682 or 43.0692,
24	24	as applicable; or
25	25	(3) notwithstanding Section 43.0505, if the area did
26	26	not become part of the municipality in compliance with Subchapter
27	27	C.
28	28	(b) If the governing body fails or refuses to disannex the
29	29	area within 60 days after the date of the receipt of the petition,
30	30	any one or more of the signers of the petition may bring a cause of
31	31	action in a district court of the county in which the area is
32	32	principally located to request that the area be disannexed. On the
33	33	filing of an answer by the governing body, and on application of
34	34	either party, the case shall be advanced and heard without further
35	35	delay in accordance with rules for expedited actions under the
36	36	Texas Rules of Civil Procedure. The district court shall enter an
37	37	order disannexing the area and award attorney's fees to the signers
38	38	of the petition if the court finds that a valid petition was filed
39	39	with the municipality and that the municipality failed to:
40	40	(1) perform its obligations in accordance with:
41	41	(A) the service plan under Section 43.056;
42	42	(B) the written agreement entered into under
43	43	Section 43.0672; or
44	44	(C) the resolution adopted under Section 43.0682
45	45	or 43.0692, as applicable; [or]
46	46	(2) perform in good faith; or
47	47	(3) provide any of the services described by Section
48	48	43.056(b) to the area, regardless of whether the area was annexed,
49	49	if any of those services are provided to other areas in the
50	50	municipality.
51	51	(f) For an area annexed under this chapter, before [Before]
52	52	the petition is circulated among the voters, notice of the petition
53	53	must be given by posting a copy of the petition for 10 days in three
54	54	public places in the [annexed] area and by publishing a copy of the
55	55	petition once in a newspaper of general circulation serving the
56	56	area before the 15th day before the date the petition is first
57	57	circulated. Proof of the posting and publication must be made by
58	58	attaching to the petition presented to the secretary:
59	59	(1) the sworn affidavit of any voter who signed the
60	60	petition, stating the places and dates of the posting; and
61	61	(2) the sworn affidavit of the publisher of the
62	62	newspaper in which the notice was published, stating the name of the
63	63	newspaper and the issue and date of publication.
64	64	SECTION 2. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2025.