Bill Text: TX HB359 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a court order to disannex an area from a municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-09 - Left pending in committee [HB359 Detail]
Download: Texas-2015-HB359-Introduced.html
84R3041 TJB-F | ||
By: Springer | H.B. No. 359 |
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relating to a court order to disannex an area from a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
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 [ |
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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, 2015. |