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A BILL TO BE ENTITLED
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AN ACT
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relating to disannexation of certain areas that do not receive full |
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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. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING |
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FULL SERVICES. (a) In this section, "full municipal services" |
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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 subject to that section; |
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(5) the operation and maintenance of water and |
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wastewater facilities; |
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(6) the operation and maintenance of roads and |
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streets, including road and street lighting; and |
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(7) the operation and maintenance of any other |
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facility, building, or service owned by the municipality. |
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(b) This section does not apply to an area for which the |
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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 any other law, on December 31, 2023, any |
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area in which the municipality is not providing or causing the |
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provision of full municipal services is disannexed. |
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(d) If a municipality fails or refuses to recognize the |
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disannexation of an area under this section, a person owning real |
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property wholly or partly located in the area may bring an action |
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against the municipality to compel disannexation of the portion of |
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the property 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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(e) 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. |