Bill Text: TX HB1653 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to disannexation of certain areas that do not receive full municipal services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-06 - Companion considered in lieu of SB 659 [HB1653 Detail]
Download: Texas-2021-HB1653-Introduced.html
87R4873 SCL-F | ||
By: Craddick | H.B. No. 1653 |
|
||
|
||
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) This section applies only to an area that: | ||
(1) does not receive full municipal services and was | ||
exempt from municipal taxation for more than 20 years under an | ||
ordinance that provided that the area was exempt from taxation | ||
until full municipal services were provided; or | ||
(2) was annexed for limited purposes before Subchapter | ||
F was enacted and has not received at any time full municipal | ||
services. | ||
(b) A person owning real property wholly or partly located | ||
in the area may file a petition requesting the municipality to | ||
disannex the portion of the property located in the municipality. | ||
If the property is located in a subdivision, the petition must: | ||
(1) request disannexation of all real property in the | ||
subdivision that is located in the municipality; and | ||
(2) include the signatures of owners of at least 51 | ||
percent of the property in the subdivision that is located in the | ||
municipality. | ||
(c) The municipality shall disannex the property described | ||
by a valid petition filed under Subsection (b) not later than the | ||
30th day after the date the municipality receives the petition. The | ||
filing of the petition creates an irrebuttable presumption that the | ||
property is not a part of the municipality. The presumption may not | ||
be contested for any cause after the date the municipality receives | ||
the petition. | ||
(d) If the municipality fails to disannex the property as | ||
required by Subsection (c), the person filing the petition may | ||
bring an action against the municipality to compel disannexation of | ||
the property. If the person prevails, the person may recover | ||
attorney's fees and court costs resulting from bringing the action. | ||
(e) Governmental immunity to suit and from liability of the | ||
municipality is 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, 2021. |