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A BILL TO BE ENTITLED
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AN ACT
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relating to disannexation of certain areas that do not receive full |
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municipal services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 43, Local Government Code, |
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is amended by adding Section 43.1415 to read as follows: |
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Sec. 43.1415. DISANNEXATION OF CERTAIN AREAS NOT RECEIVING |
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FULL SERVICES. (a) This section applies only to an area that: |
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(1) does not receive full municipal services and was |
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exempt from municipal taxation for more than 20 years under an |
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ordinance that provided that the area was exempt from taxation |
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until full municipal services were provided; or |
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(2) was annexed for limited purposes before Subchapter |
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F was enacted and has not received at any time full municipal |
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services. |
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(b) Notwithstanding Subsection (a), this section does not |
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apply to an area annexed for limited purposes for which: |
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(1) the municipality has entered into an agreement, |
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including a regulatory plan or an agreement with provisions related |
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to annexation, with landowners of the area that extends the time for |
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providing full municipal services otherwise required by Subchapter |
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F; and |
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(2) the deadline for providing full municipal services |
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under the agreement has not elapsed. |
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(c) A person owning real property wholly or partly located |
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in the area may file a petition requesting the municipality to |
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disannex the portion of the property located in the municipality. |
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If the property is located in a subdivision, the petition must: |
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(1) request disannexation of all real property in the |
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subdivision that is located in the municipality; and |
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(2) include the signatures of owners of at least 51 |
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percent of the property in the subdivision that is located in the |
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municipality. |
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(d) The municipality shall disannex the property described |
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by a valid petition filed under Subsection (c) not later than the |
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30th day after the date the municipality receives the petition. The |
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filing of the petition creates an irrebuttable presumption that the |
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property is not a part of the municipality. The presumption may not |
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be contested for any cause after the date the municipality receives |
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the petition. |
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(e) If the municipality fails to disannex the property as |
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required by Subsection (d), the person filing the petition may |
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bring an action against the municipality to compel disannexation of |
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the property. If the person prevails, the person may recover |
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attorney's fees and court costs resulting from bringing the action. |
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(f) Governmental immunity to suit and from liability of the |
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municipality is waived to the extent of liability created by this |
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section. |
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SECTION 2. 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, 2021. |