By Krusee H.B. No. 239
76R1087 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of certain municipal annexation
1-3 provisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.056, Local Government Code, is amended
1-6 by amending Subsection (i) and adding Subsection (i-1) to read as
1-7 follows:
1-8 (i) A service plan is valid for 10 years. Renewal of the
1-9 service plan is at the discretion of the municipality. A person
1-10 residing in an annexed area may enforce a service plan by applying
1-11 for a writ of mandamus. If a writ of mandamus is applied for, the
1-12 municipality has the burden of proving that the services have been
1-13 provided in accordance with the service plan in question.
1-14 (i-1) If a court issues a [the] writ under Subsection (i),
1-15 the court [municipality shall pay the person's costs and reasonable
1-16 attorney's fees in bringing the action. A writ issued under this
1-17 subsection] must provide the municipality the option of disannexing
1-18 the area within 30 days and may provide for other remedies,
1-19 including:
1-20 (1) requiring the municipality to comply with the
1-21 service plan in question before a date certain;
1-22 (2) requiring the municipality to refund to the
1-23 landowners of the annexed area money collected by the municipality
1-24 from those landowners for services to the area that were not
2-1 provided;
2-2 (3) assessing a civil penalty against the
2-3 municipality, to be paid to the state in an amount as justice may
2-4 require, for the period in which the municipality is not in
2-5 compliance with the service plan; and
2-6 (4) requiring the municipality to pay the person's
2-7 costs and reasonable attorney's fees in bringing the action for the
2-8 writ.
2-9 SECTION 2. Section 43.141(c), Local Government Code, is
2-10 amended to read as follows:
2-11 (c) If the area is disannexed under this section, it may not
2-12 be annexed again within 10 [five] years after the date of the
2-13 disannexation. [If it is reannexed within seven years after the
2-14 date of the disannexation, a service plan for the area must be
2-15 implemented not later than one year after the date of the
2-16 reannexation.]
2-17 SECTION 3. Subchapter G, Local Government Code, is amended
2-18 by adding Section 43.148 to read as follows:
2-19 Sec. 43.148. REFUND OF TAXES AND FEES. (a) If an area is
2-20 disannexed, the municipality disannexing the area shall refund to
2-21 the landowners of the area the amount of money collected by the
2-22 municipality in property taxes and fees from those landowners
2-23 during the period that the area was a part of the municipality less
2-24 the amount of money that the municipality spent for the direct
2-25 benefit of the area during that period.
2-26 (b) A municipality shall proportionately refund the amount
2-27 under Subsection (a) to the landowners according to a method to be
3-1 developed by the municipality that identifies each landowner's
3-2 approximate pro rata payment of the taxes and fees being refunded.
3-3 SECTION 4. (a) The change in law made by this Act to
3-4 Section 43.056, Local Government Code, applies only to a service
3-5 plan for an annexation for which the first hearing notice required
3-6 by Section 43.052, Local Government Code, is published on or after
3-7 the effective date of this Act. A service plan for an annexation
3-8 for which the first hearing notice is published before that date is
3-9 governed by the law in effect at the time the notice is published,
3-10 and the former law is continued in effect for that purpose.
3-11 (b) The change in law made by this Act to Section 43.141,
3-12 Local Government Code, applies only to a reannexation for which the
3-13 first hearing notice required by Section 43.052, Local Government
3-14 Code, is published on or after the effective date of this Act. A
3-15 reannexation for which the first hearing notice is published before
3-16 that date is governed by the law in effect at the time the notice
3-17 is published, and the former law is continued in effect for that
3-18 purpose.
3-19 (c) The change in law made by this Act by the addition of
3-20 Section 43.148, Local Government Code, applies only to an area that
3-21 is disannexed under Subchapter G, Chapter 43, Local Government
3-22 Code, on or after the effective date of this Act. An area that is
3-23 disannexed before the effective date of this Act is governed by the
3-24 law in effect at the time the area is disannexed, and the former
3-25 law is continued in effect for that purpose.
3-26 SECTION 5. This Act takes effect September 1, 1999.
3-27 SECTION 6. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.