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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of municipal services to land annexed by a |
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municipality for full purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 43, Local Government Code, |
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is amended by adding Section 43.006 to read as follows: |
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Sec. 43.006. PROVISION OF FULL MUNICIPAL SERVICES; |
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DISANNEXATION. (a) In this section, "full municipal services" |
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means a municipality's provision of each of the following to |
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annexed land to allow the full development of the land consistent |
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with existing zoning regulations, a development agreement entered |
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into under Section 212.172, or rights that have accrued for a |
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project under this chapter or Chapter 245: |
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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 subject to that section; |
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(5) the construction, operation, and maintenance of |
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water and wastewater facilities; |
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(6) the construction, operation, and maintenance of |
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roads and streets, including road and street lighting; and |
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(7) the construction, operation, and maintenance of |
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any other facility, building, or service to be owned by the |
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municipality and completed at the time of annexation. |
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(b) This section applies to annexed land regardless of |
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whether the land was annexed with the landowner's consent. |
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(c) For land annexed by a municipality for full purposes |
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before September 1, 2023, the municipality must provide, at its |
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cost, full municipal services to the land not later than September |
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1, 2027. For land annexed by a municipality for full purposes after |
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September 1, 2023, the municipality must provide, at its cost, full |
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municipal services to the land not later than the fourth |
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anniversary of the annexation date. |
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(d) A municipality may not: |
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(1) charge a fee to a person for all or part of the |
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municipality's cost to provide full municipal services to annexed |
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land; |
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(2) adopt or enforce an ordinance, rule, or other |
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measure, or enter into an agreement, that requires a person to fund |
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a service necessary for the municipality to: |
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(A) provide full municipal services; |
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(B) construct an improvement necessary to |
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provide full municipal services; or |
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(C) dedicate land necessary to provide full |
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municipal services; or |
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(3) require a person to waive a right under this |
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section. |
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(e) If a municipality violates this section, an affected |
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landowner may bring an action seeking disannexation of the owner's |
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land from the municipality. In the action: |
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(1) the municipality has the burden of proving by |
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clear and convincing evidence that the municipality fully complied |
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with this section, and the court may not use a deferential standard; |
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and |
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(2) if the time period for providing full municipal |
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services under Subsection (c) has passed and the annexed land that |
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is the subject of the action has not been provided with full |
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municipal services: |
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(A) an irrebuttable presumption exists that the |
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municipality has failed to comply with this section; and |
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(B) the court shall order disannexation of the |
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land. |
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(f) The action described by Subsection (e) is in addition to |
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the enforcement provisions provided by Section 43.908. |
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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. |