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A BILL TO BE ENTITLED
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AN ACT
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relating to access to services in an area annexed by a tier 1 |
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municipality under a service plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0565 to read as follows: |
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Sec. 43.0565. ACCESS TO SERVICES IN ANNEXED AREA. (a) A |
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municipality shall provide access to services provided to an |
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annexed area under a service plan described by Section 43.056 that |
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is identical or substantially similar to access to those services |
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in the municipality. |
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(b) A person residing in an annexed area subject to a |
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service plan may apply for a writ of mandamus against a municipality |
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that fails to provide access to services in accordance with |
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Subsection (a). In the action for the writ: |
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(1) the court may order the parties to participate in |
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mediation; |
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(2) the municipality has the burden of proving that |
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the municipality complied with Subsection (a); |
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(3) the person may provide evidence that the costs for |
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the person to access the services are disproportionate to the costs |
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incurred by a municipal resident to access those services; and |
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(4) if the person prevails: |
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(A) the municipality shall: |
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(i) disannex the property that is the |
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subject of the suit within a reasonable period specified by the |
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court; or |
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(ii) comply with Subsection (a); and |
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(B) the court shall award the person's attorney's |
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fees and costs incurred in bringing the action for the writ. |
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(c) A municipality's governmental immunity to suit and from |
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liability is waived and abolished to the extent of liability |
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created under this section. |
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SECTION 2. This Act takes effect September 1, 2019. |