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 | |
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| 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. | ||
