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.