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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 of a municipality for |
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failure to provide services. |
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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), (b), and (f), Local |
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Government Code, are amended to read as follows: |
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(a) A majority of the qualified voters of an [annexed] area |
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may petition the governing body of the municipality to disannex the |
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area if the municipality fails or refuses to provide services or to |
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cause services to be provided to the area: |
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(1) if the area was annexed under Subchapter C-1, |
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within the period specified by Section 43.056 or by the service plan |
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prepared for the area under that section; [or] |
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(2) if the area was annexed under Subchapter C-3, C-4, |
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or C-5, within the period specified by the written agreement under |
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Section 43.0672 or the resolution under Section 43.0682 or 43.0692, |
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as applicable; or |
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(3) notwithstanding Section 43.0505, if the area did |
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not become part of the municipality in compliance with Subchapter |
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C. |
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(b) If the governing body fails or refuses to disannex the |
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area within 60 days after the date of the receipt of the petition, |
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any one or more of the signers of the petition may bring a cause of |
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action in a district court of the county in which the area is |
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principally located to request that the area be disannexed. On the |
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filing of an answer by the governing body, and on application of |
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either party, the case shall be advanced and heard without further |
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delay in accordance with rules for expedited actions under the |
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Texas Rules of Civil Procedure. The district court shall enter an |
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order disannexing the area and award attorney's fees to the signers |
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of the petition if the court finds that a valid petition was filed |
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with the municipality and that the municipality failed to: |
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(1) perform its obligations in accordance with: |
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(A) the service plan under Section 43.056; |
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(B) the written agreement entered into under |
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Section 43.0672; or |
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(C) the resolution adopted under Section 43.0682 |
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or 43.0692, as applicable; [or] |
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(2) perform in good faith; or |
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(3) provide any of the services described by Section |
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43.056(b) to the area, regardless of whether the area was annexed, |
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if any of those services are provided to other areas in the |
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municipality. |
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(f) For an area annexed under this chapter, before [Before] |
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the petition is circulated among the voters, notice of the petition |
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must be given by posting a copy of the petition for 10 days in three |
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public places in the [annexed] area and by publishing a copy of the |
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petition once in a newspaper of general circulation serving the |
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area before the 15th day before the date the petition is first |
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circulated. Proof of the posting and publication must be made by |
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attaching to the petition presented to the secretary: |
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(1) the sworn affidavit of any voter who signed the |
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petition, stating the places and dates of the posting; and |
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(2) the sworn affidavit of the publisher of the |
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newspaper in which the notice was published, stating the name of the |
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newspaper and the issue and date of publication. |
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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, 2025. |