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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order to disannex an area from a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.141(b), Local Government Code, is |
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amended to read as follows: |
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(b) If the governing body fails or refuses to disannex the |
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area within 60 days after the date of the receipt of the petition, |
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any one or more of the signers of the petition may bring a cause of |
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action in a district court of the county in which the area is |
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principally located to request that the area be disannexed. On the |
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filing of an answer by the governing body, and on application of |
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either party, the case shall be advanced and heard without further |
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delay in accordance with the Texas Rules of Civil Procedure. The |
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district court shall enter an order disannexing the area if the |
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court finds that a valid petition was filed with the municipality |
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and that the municipality failed to perform its obligations in |
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accordance with Section 43.056 or the service plan if the plan |
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provides for a higher level of services than those required by |
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Section 43.056 [or failed to perform in good faith]. |
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SECTION 2. The change in law made by Section 43.141(b), |
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Local Government Code, as amended by this Act, applies only to a |
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cause of action filed on or after the effective date of this Act. A |
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cause of action that is filed before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. 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, 2009. |