82R4196 TJB-D

By: Brown, Garza, et al. H.B. No. 524

A BILL TO BE ENTITLED

AN ACT

relating to a court order to disannex an area from a municipality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 43.141(b), Local Government Code, is

amended to read as follows:

(b) If the governing body fails or refuses to disannex the

area within 60 days after the date of the receipt of the petition,

any one or more of the signers of the petition may bring a cause of

action in a district court of the county in which the area is

principally located to request that the area be disannexed. On the

filing of an answer by the governing body, and on application of

either party, the case shall be advanced and heard without further

delay in accordance with the Texas Rules of Civil Procedure. The

district court shall enter an order disannexing the area if the

court finds that a valid petition was filed with the municipality

and that the municipality failed to perform its obligations in

accordance with the service plan or with the provisions of Section

43.056 [failed to perform in good faith].

SECTION 2. The change in law made by Section 43.141(b),

Local Government Code, as amended by this Act, applies only to a

cause of action relating to a petition submitted as provided by

Section 43.141(a), Local Government Code, to the governing body of

a municipality on or after the effective date of this Act. A cause

of action relating to a petition submitted before the effective

date of this Act is governed by the law in effect on the date the

petition was submitted, and the former law is continued in effect

for that purpose.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2011.