Bill Text: TX HB1477 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a court order to disannex an area from a municipality.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-18 - Committee report sent to Calendars [HB1477 Detail]

Download: Texas-2013-HB1477-Introduced.html
  83R3227 TJB-D
  By: Callegari H.B. No. 1477
  relating to a court order to disannex an area from a municipality.
         SECTION 1.  Section 43.141(b), Local Government Code, is
  amended to read as follows:
         (b)  If the governing body fails or refuses to disannex the
  area within 60 days after the date of the receipt of the petition,
  any one or more of the signers of the petition may bring a cause of
  action in a district court of the county in which the area is
  principally located to request that the area be disannexed. On the
  filing of an answer by the governing body, and on application of
  either party, the case shall be advanced and heard without further
  delay in accordance with the Texas Rules of Civil Procedure. The
  district court shall enter an order disannexing the area if the
  court finds that a valid petition was filed with the municipality
  and that the municipality failed to perform its obligations in
  accordance with the service plan or with the provisions of Section
  43.056 [failed to perform in good faith].
         SECTION 2.  The change in law made by Section 43.141(b),
  Local Government Code, as amended by this Act, applies only to a
  cause of action relating to a petition submitted as provided by
  Section 43.141(a), Local Government Code, to the governing body of
  a municipality on or after the effective date of this Act. A cause
  of action relating to a petition submitted before the effective
  date of this Act is governed by the law in effect on the date the
  petition was submitted, and the former law is continued in effect
  for that purpose.
         SECTION 3.  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, 2013.