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A BILL TO BE ENTITLED
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AN ACT
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relating to the improper taxation of properties in certain areas |
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that do not receive full municipal services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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is amended by adding Section 43.1415 to read as follows: |
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Sec. 43.1415. TAXATION OF PROPERTIES IN CERTAIN AREAS NOT |
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RECEIVING FULL MUNICIPAL SERVICES. (a) In this section, "full |
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municipal services" means: |
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(1) the provision of police protection; |
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(2) the provision of fire protection, including fire |
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hydrants; |
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(3) the provision of emergency medical services; |
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(4) the provision of solid waste collection, other |
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than those services that a municipality is not required to provide |
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under Section 43.056(o) to an area, lot, or tract subject to that |
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section; |
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(5) the operation and maintenance of water and |
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wastewater facilities; and, |
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(6) the operation and maintenance of roads and |
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streets. |
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(b) This section does not apply to an area, lot, or tract for |
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which a Home Rule municipality: |
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(1) is not currently required to provide full |
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municipal services under a service plan described by Section |
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43.056; or |
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(2) has entered into a regulatory plan or other |
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written agreement to extend the time for providing or waive |
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provision of full municipal services. |
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(c) Notwithstanding the requirement of Sec. 43.056(l), any |
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area, lot, or tract in which the home-rule municipality is not |
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providing or causing the provision of full municipal services is |
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automatically disannexed. |
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(1) If a home-rule municipality fails or refuses to |
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recognize the disannexation of an area, lot, or tract under this |
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section, a person owning real property wholly or partly located in |
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the area, lot, or tract may bring an action against the municipality |
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to recognize the disannexation of the portion of the property |
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previously located in the municipality. If the person prevails, |
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the person may recover attorney's fees and court costs resulting |
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from bringing the action. |
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(2) A municipality's governmental immunity to suit and |
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governmental immunity from liability are waived to the extent of |
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liability created by this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |