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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for the disannexation of territory from a |
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municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.141(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The registered [A majority of the qualified] voters of |
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an annexed area may submit a petition to the governing body of the |
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municipality to require disannexation of [disannex] the area if the |
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municipality fails or refuses to provide services or to cause |
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services to be provided to the area within the period specified by |
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Section 43.056 or by the service plan prepared for the area under |
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that section. The petition must contain the signatures of a number |
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of registered voters of the area equal to more than 50 percent of |
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the number of registered voters of the area. |
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(b) The [If the] governing body shall certify whether a |
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petition submitted under Subsection (a) is valid. If the petition |
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is certified as valid, the municipality shall [fails or refuses to] |
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disannex the area within 60 days after the date the petition is |
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certified unless within that period the municipality brings [of the
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receipt of the petition, any one or more of the signers of the
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petition may bring] a cause of action in a district court of the |
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county in which the area is principally located to request that the |
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area remain annexed to the municipality [be disannexed]. On the |
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filing of an answer by any registered voter who signed the petition |
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[the governing body], and on application of either party, the case |
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shall be advanced and heard without further delay in accordance |
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with the Texas Rules of Civil Procedure. The district court shall |
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enter an order disannexing the area if the court finds that a valid |
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petition was filed with the municipality unless the court finds |
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[and that] the municipality performed [failed to perform] its |
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obligations in accordance with the service plan and Section 43.056. |
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Either party may request that the factual determinations in the |
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proceeding be made by a jury [or failed to perform in good faith]. |
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SECTION 2. The change in law made by this Act to Section |
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43.141, Local Government Code, applies only to a disannexation for |
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which a petition is submitted to a municipality on or after the |
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effective date of this Act. A disannexation for which the petition |
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was submitted before the effective date of this Act is governed by |
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the law in effect at the time the petition was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |