Bill Text: TX HB950 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the provision of municipal services to land annexed by a municipality for full purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB950 Detail]
Download: Texas-2025-HB950-Introduced.html
By: Hayes | H.B. No. 950 |
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relating to the provision of municipal services to land annexed by a | ||
municipality for full purposes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.006 to read as follows: | ||
Sec. 43.006. PROVISION OF FULL MUNICIPAL SERVICES; | ||
DISANNEXATION. (a) In this section, "full municipal services" | ||
means a municipality's provision of each of the following to | ||
annexed land to allow the full development of the land consistent | ||
with existing zoning regulations, a development agreement entered | ||
into under Section 212.172, or rights that have accrued for a | ||
project under this chapter or Chapter 245: | ||
(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 construction, operation, and maintenance of | ||
water and wastewater facilities; | ||
(6) the construction, operation, and maintenance of | ||
roads and streets, including road and street lighting; and | ||
(7) the construction, operation, and maintenance of | ||
any other facility, building, or service to be owned by the | ||
municipality and completed at the time of annexation. | ||
(b) This section applies to annexed land regardless of | ||
whether the land was annexed with the landowner's consent. | ||
(c) For land annexed by a municipality for full purposes | ||
before September 1, 2025, the municipality must provide, at its | ||
cost, full municipal services to the land not later than September | ||
1, 2029. For land annexed by a municipality for full purposes after | ||
September 1, 2025, the municipality must provide, at its cost, full | ||
municipal services to the land not later than the fourth | ||
anniversary of the annexation date. | ||
(d) A municipality may not: | ||
(1) charge a fee to a person for all or part of the | ||
municipality's cost to provide full municipal services to annexed | ||
land; | ||
(2) adopt or enforce an ordinance, rule, or other | ||
measure, or enter into an agreement, that requires a person to fund | ||
a service necessary for the municipality to: | ||
(A) provide full municipal services; | ||
(B) construct an improvement necessary to | ||
provide full municipal services; or | ||
(C) dedicate land necessary to provide full | ||
municipal services; or | ||
(3) require a person to waive a right under this | ||
section. | ||
(e) If a municipality violates this section, an affected | ||
landowner may bring an action seeking disannexation of the owner's | ||
land from the municipality. In the action: | ||
(1) the municipality has the burden of proving by | ||
clear and convincing evidence that the municipality fully complied | ||
with this section, and the court may not use a deferential standard; | ||
and | ||
(2) if the time period for providing full municipal | ||
services under Subsection (c) has passed and the annexed land that | ||
is the subject of the action has not been provided with full | ||
municipal services: | ||
(A) an irrebuttable presumption exists that the | ||
municipality has failed to comply with this section; and | ||
(B) the court shall order disannexation of the | ||
land. | ||
(f) The action described by Subsection (e) is in addition to | ||
the enforcement provisions provided by Section 43.908. | ||
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, 2025. |