By: Craddick H.B. No. 1246
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disannexation of certain areas that do not receive full
  municipal services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 43, Local Government Code,
  is amended by adding Section 43.1415 to read as follows:
         Sec. 43.1415.  DISANNEXATION OF CERTAIN AREAS NOT RECEIVING
  FULL SERVICES.  (a)  In this section, "full municipal services"
  means:
               (1)  the provision of police protection;
               (2)  the provision of fire protection, including fire
  hydrants;
               (3)  the provision of emergency medical services;
               (4)  the provision of solid waste collection, other
  than those services that a municipality is not required to provide
  under Section 43.056(o) to an area subject to that section;
               (5)  the operation and maintenance of water and
  wastewater facilities;
               (6)  the operation and maintenance of roads and
  streets, including road and street lighting; and
               (7)  the operation and maintenance of any other
  facility, building, or service owned by the municipality.
         (b)  This section does not apply to an area for which the
  municipality:
               (1)  is not currently required to provide full
  municipal services under a service plan described by Section
  43.056; or
               (2)  has entered into a regulatory plan or other
  written agreement to extend the time for providing or waive
  provision of full municipal services.
         (c)  Notwithstanding any other law, on December 31, 2023, any
  area in which the municipality is not providing or causing the
  provision of full municipal services is disannexed.
         (d)  If a municipality fails or refuses to recognize the
  disannexation of an area under this section, a person owning real
  property wholly or partly located in the area may bring an action
  against the municipality to compel disannexation of the portion of
  the property located in the municipality.  If the person prevails,
  the person may recover attorney's fees and court costs resulting
  from bringing the action.
         (e)  A municipality's governmental immunity to suit and
  governmental immunity from liability are waived to the extent of
  liability created by this section.
         SECTION 2.  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, 2023.